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RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURBANK CONFIRMING THE COMMUNITY DEVELOPMENT
DIRECTOR’S DETERMINATION THAT PROJECT NO. 24-0002257
A 40-UNIT MULTIFAMILY RESIDENTIAL PROJECT LOCATED AT
910 SOUTH MARIPOSA STREET IS CONSISTENT WITH ALL
APPLICABLE OBJECTIVE ZONING, SUBDIVISION, AND DESIGN
REVIEW STANDARDS AND APPROVING THE PROJECT’S
STREAMLINED MINISTERIAL DESIGN REVIEW AND VESTING
TENTATIVE TRACT MAP 84060.
THE CITY COUNCIL OF THE CITY OF BURBANK FINDS:
A. The City is subject to S enate Bill (SB) 35, Streamlined Ministerial Review and Approval Process (California Government (Cal. Govt.) Code 65913.4 1 and Burbank
Municipal Code (BMC) 10-1-19300 et seq.).
B. On December 26, 2023 , Butterfly Gardens, LLC (“Applicant”) submitted a Notice of Intent (NOI) to submit a SB 35 A pplication for Streamlin ed Ministerial Design Review for a housing development project located at 910 South Mariposa Street (the “Project”).
C. On December 28, 2023, the Planning Division requested Tribal Consultation as required by Cal. Govt. Code Section 65913.4(b).
D. On January 19, 2024 , the City and the Fernandeño Tataviam Band of Mission Indians completed the Enforceable Agreement for monitoring of the Project site.
E. On February 28, 2024, the City and the Gabrieleño Band of Mission Indians – Kizh Nation completed the Enforceable Agreement for monitoring of the Project site.
F. On April 18, 2024, the City confirmed in writing the Project submitted at 910 South Mariposa Street was eligible for SB 35 Streamlined Ministerial Approval Processing.
G. On May 10, 202 4, Butterfly Gardens, LLC submitted an SB 35 Application for a 40-unit multifamily for -sale residential project and a Vesting Tentative Tract Map No.84060 for Streamlined Ministerial Design Review and Approval Process . The Application also seeks a Density Bonus and related incentives, concessions, and waivers under Cal. Govt. Code Section 65915 et. seq. (State Density Bonus LawI). The May 10, 2024, Application included a change in the Project description from the December 26, 2023 NOI from 30 proposed condominium units with 43 subterranean parking spaces, to 40 proposed condominium units with 47 subterranean parking spaces.
1 All references to California Government Code Section 65913.4 refer to the law as it existed on the date of the submittal of the Notice of Intent (NOI) Application on December 26, 2023.
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H. On May 28, 2024, the City notified the Fernandeño Tataviam Band of Mission Indians and the Gabrieleño Band of Mission Indians – Kizh Nation of the changed Project description to provide an opportunity for further Tribal Consultation. On May 31, 2024, the Gabrieleño Band of Mission Indians – Kizh Nation notified the City of their desire to keep the existing enforceable agreement in place (Attachment 2, Exhibit C). On June 3, 2024, the Fernandeño Tataviam Band of Mission Indians requested that the City provide an updated enforceable agreement changing the agreement date and project description (Attachment 2, Exhibit B). No further Tribal Consultation was requested.
I. On July 1, 2023, the City notified the Applicant of incomplete Application items and Project inconsistencies with objective standards in accordance with Cal. Govt.
Code Section 65913.4(c).
J. On October 4, 2024, the Applicant resubmitted an updated SB 35 Application in response to the City’s July 1, 2024, notification.
K. On November 4, 2024, the City notified the Applicant that the resubmitted Application was deemed complete.
L. On November 26, 2024, the City Council of the City of Burbank held a duly noticed public meeting to consider the Community Development Director’s Determination that the Project is consistent with all applicable Objective General Plan, Zoning, and Subdivision, and Design Review Standards, as well as to conduct Streamlined Ministerial Design Review pursuant to Burbank Municipal Code (BMC) Title 10, Chapter 1 (Zoning), Article 19 (Zoning Procedures and Amendment), Division 12 (Streamlined Ministerial Approval Process), including related State Density Bonus Law approvals, and approve Vesting Tentative Tract Map No. 84060.
M. The Project is statutorily exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Cal. Govt. Code Section 65913.4(d)(2) and CEQA Guidelines Section 15268.
N. The City Council considered the report, resolution, Exhibits A -F (Exhibit A- Conditions of Approval , Exhibit B -Objective Standard Consistency Table, Exhibit C - Vesting Tentative Tract Map, Exhibit D -Plan Submittal , Exhibit E -Informational Maps , Exhibit F -Prevailing Wage Letter ), and Attachments 2 through 9 including the Project Applicant’s Biologist Report , Peer Review of the Biologist Report and recommendations of the Community Development Director and the evidence presented at such public meeting.
O. The City Council considered the testimony and evidence from the Project Applicant, and the public presented at such public meeting.
THE CITY COUNCIL OF THE CITY OF BURBANK RESOLVES:
Section 1. The findings above are true and correct, and incorporated herein.
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Section 2. The Community Development Director’s Determination that Project No. 24-0002257, a proposal for 40 multifamily for-sale residential units and Vesting Tentative Tract Map No. 84060, is consistent with all Objective General Plan, Zoning, Subdivision, and Design Review Standards and Cal. Govt. Code Section 65913.4, is hereby affirmed.
Further, the Burbank City Council approves the Ministerial Design Review for the Project with 40 multifamily residential for-sale units and Vesting Tentative Tract Map No. 84060 , subject to compliance with all applicable state and local objective zoning, subdivision and design review standards, and the Project’s Conditions of Approval included herein as Exhibit A. This approval is based upon the City Council’s determination that all required findings for approval of the requested Project application could be made as required under the BMC for Project No. 24-0002257, as follows:
a. Findings for Streamlined Ministerial Design Review:
The Project conforms to the requirements of Streamlined Ministerial Design Review as outlined in Burbank Municipal Code Title 10, Chapter 1 (Zoning), Article 19 (Zoning Procedures and Amendment), Division 12 (Streamlined Ministerial Approval Process); and California Government Code Section 65913.4, respectively.
The Project has been reviewed under the requirements noted in BMC Title 10, Chapter 1, Article 19, Division 12. A public hearing was noticed and held at the regular City Council meeting on November 26, 2024. At this public meeting, City staff, the Project Applicant and architect presented the Project and provided responses to questions regarding the proposed Project.
1. The Project complies with all requirements of California Government Code Section 65913.4(a), as detailed in Exhibits A, B, and D attached hereto and incorporated herein by this reference.
2. The 40-unit for-sale residential development is a multifamily housing development containing two or more units (Cal. Govt. Code § 65913.4(a)(1).
3. The Project parcel is within incorporated City limits and at least 75 percent of the parcel adjoins urban uses, the P roject site is surrounded by urban uses on all sides including residential, commercial recreation, and commercial office uses (Cal. Govt. Code § 65913.4(a)(2)(A)-(B)).
4. The Project site’s General Plan land use designation of Rancho Commercial and zoning within the M-1 (Industrial) Zone permit residential development allowing residential density of up to 20 units to the acre, and 100 percent of the Project square footage is designated for residential use (Cal. Govt. Code § 65913.4(a)(2)(C)).
5. The Project Applicant has committed 15% of the units to be dedicated affordable for very low-income households and 15% of the units to be ATTACHMENT 2 - 4
dedicated affordable for moderate- income households for a total of 6 deed restricted affordable units, and to record affordability covenants as required by California Government Code 65913.4(a)(3) (Cal. Govt. Code § 65913.4(a)(3)-(4)).
6. The Project is consistent with all General Plan, Zoning, Subdivision and Design Review standards as provided in Exhibit B (Cal. Govt. Code § 65913.4(a)(5).
7. The Project site is not located in a coastal zone, on prime farmland or farmland of statewide importance as provided in Exhibit E, or on land zoned or designated for agricultural protection or preservation (Cal. Govt. Code § 65913.4(a)(6)(A)-(B)).
8. The Project site is not located in Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993) as provided in Exhibit E (Cal. Govt. Code § 65913.4(a)(6)(C).
9. The Project site is not located in a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code as provided in Exhibit E (Cal. Govt. Code § 65913.4(a)(6)(D)).
10. The Project site is not a hazardous waste site that is listed pursuant to Cal.
Govt. Code Section 65962.5, or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code as provided in Exhibit E (Cal. Govt. Code § 65913.4(a)(6)(E)).
11. The Project site is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, as provided in Exhibit E (Cal. Govt. Code § 65913.4(a)(6)(F)).
12. The Project site is not within a special flood hazard area as determined by the Federal Emergency Management Agency (“FEMA”) in any official maps published by FEMA (Cal. Govt. Code § 65913.4(a)(6)(G)).
13. The Project site is not located within a regulatory floodway as determined by FEMA in any official maps published by FEMA (Cal. Govt. Code § 65913.4(a)(6)(H)).
14. The Project site is not located in lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with ATTACHMENT 2 - 5
Section 2800) of Division 3 of the Fish and Game Code), or in a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec.1531 et seq.), or other adopted natural resource protection plan as provided in Exhibit E (Cal. Govt. Code § 65913.4(a)(6)(I)).
15. The Project site is not located within Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). The determination was based on Biologist Report (Attachment 9, Exhibit A ) prepared by a State licensed Biologist and the findings of which were confirmed by an independent biologist in Attachment 9, Exhibit B (Cal. Govt. Code § 65913.4(a)(6)(J)).
16. The Project site is not located under a conservation easement as provided in Exhibit E (Cal. Govt. Code § 65913.4(a)(6)(K)).
17. The Project site is currently developed with a temporary commercial use and has previously been occupied by a commercial use. As such, the Project site:
a. Will not require the demolition of housing that is subject to recorded restrictions or law that limits rent to levels affordable to moderate, low, or very-low income households; housing subject to rent control; or housing currently occupied by tenants or that was occupied by tenants within the past 10 years (Cal. Govt. Code § 65913.4(a)(7)(A));
b. Has not been previously used for housing occupied by tenants that was demolished within the past 10 years (Cal. Govt. Code § 65913.4(a)(7)(B)).
18. The Project will not result in the demolition of a historic structure that is on local, state, or Federal historic register (Cal. Govt. Code § 65913.4(a)(7)(C)).
19. The Project site does not contain housing units that are occupied by tenants, or units that are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property (Cal. Govt. Code § 65913.4(a)(7)(D)).
20. The Applicant has certified that all construction workers employed in the execution of the development will be paid at least the applicable general ATTACHMENT 2 - 6
prevailing rate of per diem wages or apprenticeship wages , and will comply with all other applicable requirements listed in Cal. Govt. Code Section 65913.4(a)(8)(A)(ii).
21. The Project is consistent with all objective subdivision standards in the BMC and will pay prevailing wages and use a skilled and trained workforce as applicable (Cal. Govt. Code Section 65913.4(a)(9)).
22. The Project site is not a parcel of land or site governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act (Cal. Govt.
Code Section 65913.4(a)(10)).
23. The Project complies with all applicable development standards noted in the BMC, unless deviations are otherwise permitted through the incentive, concession, or waiver requests sought under local and State density bonus law (BMC Section 10-1-634 et. seq. and Cal. Govt. Code Section 65915), as shown in Exhibit B – Objective Standards Consistency Analysis . More specifically, the Project complies with the development standards related to:
all required front, side, and rear yard setbacks, 50% landscaping required of required front and side yards, design review standards concerning building orientation and design, Spanish Colonial style architecture, location requirements and all other applicable standards as identified in Article 6, Division 3.5 (Multifamily Residential- Only Development in Nonresidential Zones), and Articles 11 through 17 of Chapter 1 (Zoning) of Title 10 (Zoning Regulations) of the BMC, as well as BMC Section 10- 1-630 ( Additional Requirements for the Rancho Area).
b. State Density Bonus Requests:
The Project conforms to the requirements outlined in BMC Section 10-1-634 et. seq. and Cal. Govt. Code Section 65915.
In accordance with BMC Section 10- 1-634 et. seq. and Cal. Govt. Code Section 65915, the Project Applicant is requesting a density bonus, as well as two three incentives and two one waivers from the City’s development standards:
1. Additional Residential Units (Density Bonus Units): A density bonus must be granted in the amounts specified by State law if the Project provides a certain number of affordable housing units (Cal. Govt. Code §§ 65915(a)(1), 65915(b)(1), 65915(v)(1)). Pursuant to Cal. Govt. Code Section 65915(f)(2) and 65915(v)(2), the Project Applicant is requesting a 100% density bonus by providing 15% of the total proposed housing units (without including density bonus units) as very low -income affordable units, and an additional 15% of the total units as moderate- income affordable units. The Project proposes to build 40 total residential for-sale units with three units set aside as very low -income and three units set aside as moderate income. The ATTACHMENT 2 - 7
Burbank2035 General Plan Land Use Designation of Rancho Commercial for the Project Site has a maximum density of 20 units per acre. With the density bonus applied, the Project is proposing a density of 40 units per acre.
Because the Project proposes the required amount of very low income and moderate-income units, the Project is entitled to the 100% density bonus as required by Cal. Govt. Code Section 65915.
2. Deferral of Development Impact Fees : Under Cal Govt. Code Section 65915(d)(2)(C), the Project is entitled to up to three incentives or concessions because the Project proposes to set aside 15% of the total residential units for very low-income households. Incentives or concessions include, but are not limited to, reductions in site development standards, modifications to zoning code or design requirements, or other regulatory incentives or concessions that result in identifiable and actual cost reductions to provide the affordable housing units (Cal Govt. Code § 65915(k); BMC § 10-1-640). Pursuant to BMC Section 10- 1-640(A)(3), the Applicant requests an incentive in the form of a deferral of payment of all development impact fees to 24 months after the iss uance of the Project’s Certificate of Occupancy. Deferral of the fee payments will allow the Applicant to construct and sell units prior to the payment of the fees and allow the existing financing for the Project to be allocated toward permitting and construction costs for the six affordable units and lower the overall costs of financing the Project. Because the incentive will result in identifiable and actual cost reductions for the Project and is permitted under BMC Section 10-1-640(A)(3), the incentive is approved, subject to the Applicant furnishing a performance bond in the total amount of the development impact fees applicable to the Project, on a form approved by the City, to guarantee future payment of any fees deferred under this incentive request. Therefore, the incentive request is approved.
3. Miscellaneous Encroachments: The second incentive request is to provide relief from BMC Section 10-1-624(E), which outlines maximum encroachments of various structures or objects, including balconies, into setback areas. The incentive request for relief from this standard is to permit certain balconies to be a minimum of 1 foot 6 inches from the property line after dedications. The incentive will provide identifiable cost reductions that allow for the construction of the affordable units by allowing the building to be designed more efficiently given the irregular shape of the lot and the angle of the front lot line relative to the proposed structure. Further, the incentive will allow an expansion of the Project’s building footprint so that additional permitted residential units under State Density Bonus Law can be provided, which would help offset the cost of providing affordable units. Because this incentive will result in actual and identifiable cost reductions for the Project, this incentive request is approved.
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4. Height: Under Cal. Govt. Code Section 65915(e), the City must waive or reduce any development standard that will have the effect of physically precluding the construction of a project that includes permitted density bonus units and incentives or concessions. The Applicant is seeking a waiver of the development standards for height. Pursuant to BMC Section 10- 1- 624(D), the maximum height for the proposed building is 40 feet because the Project is within 149 feet distance from the closest residential lot located across Mariposa Street. The Applicant is proposing a maximum height of
63.7 feet, to include a 4th and 5th floor, which is necessary to accommodate a total of 40 units as permitted under State Density Bonus Law. The total unit count is needed to accommodate the six proposed affordable units. The waiver is necessary to physically accommodate the necessary building envelope to accommodate the total of 40 dwelling units including the designated affordable units for very low -income and moderate -income households as permitted under State Density Bonus Law. As a result, this waiver is approved.
Plane Breaks and Modulation: The second waiver third incentive request is for relief from the development standards for plane breaks and modulation.
Pursuant to BMC Section 10-1-624(G)(1)(a), a plane break shall be provided along each street-facing façade exceeding 50 feet in width. The plane break shall be of at least 10 percent of the façade width or 20 feet, whichever is greater. The Applicant proposes multiple plane breaks along the building’s front façade that do not meet the minimum width or depth. Re lief from the requirement as an incentive will allow the Applicant to maintain the existing proposed unit sizes along the front façade of the building, thereby reducing the overall cost per square foot of providing the affordable units. As a result, this waiver incentive is approved.
5. Plane Breaks and Modulation: The second waiver third incentive request is for relief from the development standards for plane breaks and modulation.
Pursuant to BMC Section 10-1-624(G)(1)(a), a plane break shall be provided along each street-facing façade exceeding 50 feet in width. The plane break shall be of at least 10 percent of the façade width or 20 feet, whichever is greater. The Applicant proposes multiple plane breaks along the building’s front façade that do not meet the minimum width or depth. The waiver is necessary to physically accommodate the necessary building envelope to accommodate the total of 40 dwelling units including the designated affordable units for very low -income and moderate- income households as permitted under State Density Bonus Law. As a result, this waiver incentive is approved.
Height: Under Cal. Govt. Code Section 65915(e), the City must waive or reduce any development standard that will have the effect of physically precluding the construction of a project that includes permitted density bonus ATTACHMENT 2 - 9
units and incentives or concessions. The Applicant is seeking a waiver of the development standards for height. Pursuant to BMC Section 10- 1- 624(D), the maximum height for the proposed building is 40 feet because the Project is within 149 feet distance from the closest residential lot located across Mariposa Street. The Applicant is proposing a maximum height of
63.7 feet, to include a 4
th and 5th floor, which is necessary to accommodate
a total of 40 units as permitted under State Density Bonus Law. The total unit count is needed to accommodate the six proposed affordable units. The waiver is necessary to physically accommodate the necessary building envelope to accommodate the total of 40 dwelling units including the designated affordable units for very low -income and moderate -income households as permitted under State Density Bonus Law. As a result, this waiver is approved.
c. Vesting Tentative Tract Map
The Project conforms to the objective subdivision requirements outlined in Burbank Municipal Code Title 11 (Subdivisions) Chapter 1 (Subdivision Regulations).
The Applicant has submitted proposed Vesting Tentative Tract Map No. 84060 (Map). In accordance with Cal. Govt. Code Section 65913.4, the Map is consistent with all objective subdivision standards as well as in compliance with all objective general plan standards applicable to similar types of land subdivisions . Vesting Tentative Tract Map No. 84060 has been reviewed under the requirements in BMC Title 11, Chapter 1, and is conditionally approved, subject to compliance with all Conditions of Approval as noted in Exhibit A, attached and incorporated herein, including but not limited to payment of prevailing wages and use of a skilled and trained workforce as required by Cal. Govt. Code Section 65913.4(a)(9). There are no grounds to deny the Map under BMC Section 11- 1-306 or Cal. Govt. Code Section 66474..
Section 3. The California Environmental Quality Act (CEQA) (Division 13, commencing with section 21000) of the Public Resources Code) does not apply to projects qualifying for the Streamlined Ministerial Approval Process pursuant to CEQA Guidelines Section 15268. Likewise, CEQA does not apply to the ministerial review and approval of a subdivision application pursuant to Cal. Govt. Code Section 65913.4(d)(2). As a result, this Project is not subject to CEQA review and there are no unusual circumstances that would preclude the use of these exemptions . The City Planner shall fi le a Notice of Exemption with the Los Angeles County Clerk and submitted to the State Clearinghouse, within 5 days of the City Council’s decision.
Section 4. The City Clerk shall mail a copy of this Resolution to the Project applicants.
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PASSED AND ADOPTED this ____ day of November, 2024.
______________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
___________________________ By: _______________________ Kimberley Clark, City Clerk Lisa Kurihara Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on this ___ day of November , 2024, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk