April 18, 2024
SENT VIA EMAIL AND US MAIL
Butterfly Gardens LLC
910 South Mariposa Street
Burbank, CA 91506
Subject: 910 South Mariposa Street (APN: 2443-004-17) – Completeness Letter SB 35 Project - Notice of Intent (NOI) to Submit Application (Project No. 23-0002533)
Dear Mr. Gozumian:
On December 26, 2023, the City of Burbank received your Notice of Intent (NOI) to submit an application for Streamlined Ministerial Approval Process for a proposed residential project located at 910 South Mariposa Street (Project). The Project includes the new construction of one five -story residential structure, containing a total o f 30 condominium units ranging from 1,176 square feet in size and a total of 43 subterranean parking spaces. The Project proposes 24 two -bedroom units, 6 three -bedroom units and approximately 24,255 square feet of combined common and private open space. The site will be accessed from a two-way driveway from South Mariposa Street. The Project proposes to utilize the State’s Density Bonus Law that allows for increased residential density. Three Very Low-Income residential units are proposed in exchange for a 50 percent increase in density to 30 dwelling units per acre (du/ac).
After reviewing the application and items that you submitted, City Staff has determined that your application satisfies all the submission requirements for the SB 35 NOI process and has therefore, been deemed complete. During review of the application, staff identified inconsistencies with the City’s objective standards (Attachment A). In accordance with the SB 35 review process outlined in CA Government Code 65913.4, the review of the P roject’s complete compliance with all SB 35 eligibility requirements may only be conducted once the NOI process has concluded and you have submitted a formal SB 35 streamlined ministerial approval process application to the City.
During the NOI application review process, the City also completed the notification and initiation of the consultation process with the California Native American tribes that are traditionally and culturally affiliated with the geographic area of the Pro posed Project, in accordance with the timeline described in CA Government Code 65913.4. As of this date, the City has completed the tribal consultation process with the two California Native American Tribes that have requested consultation for the Proposed Project. The signed tribal enforceable agreements are attached at the end of this letter (Attachments B and C).
ATTACHMENT 3 - 1
Butterfly Gardens LLC
April 18, 2024
2 The following table summarizes the Tribal Consultation process for the Proposed Project.
California Native American Tribal Consultation Process (Pursuant to CA Government Code 65913.4)
Application Submittal and Tribal Notification:
Receipt of NOI application: December 26, 2023
Formal City notice of NOI application submitted to
applicable California Native American Tribes: December 28, 2023 Response from Tribe(s) requesting consultation:
(1) Gabrieleño Band of Mission Indians – KIZH Nation Response received on January 4, 2024
(2) Fernandeño Tataviam Band of Mission Indians Response received on January 3, 2024
Initiation of Consultation:
(1) Gabrieleño Band of Mission Indians – KIZH Nation Meeting initiated on January 22, 2024
(2) Fernandeño Tataviam Band of Mission Indians Meeting initiated on January 19, 2024
Completion of Consultation
(1) Gabrieleño Band of Mission Indians – KIZH Nation Consultation completed on February 28, 2024
(2) Fernandeño Tataviam Band of Mission Indians Consultation completed on January 19, 2024
In accordance with the NOI process outlined in CA Government Code 65913.4, the NOI application review process for the Proposed Project is now considered complete. You may now submit an application for a formal SB 35 streamlined ministerial approval for the Proposed Project to the City in accordance with the SB 35 application review procedure s as stated per Burbank Municipal Code Section 10-1-19302 (Streamlined Ministerial Approval Process).
ATTACHMENT 3 - 2
Butterfly Gardens
April 18, 2024
3 The formal SB 35 application can be found at the following link:
https://www.burbankca.gov/web/community-development/forms-and-fees. Please click on the ‘Senate Bill (SB) 35 – Housing’ heading and click on the SB 35 Application link.
The link to the application, filing requirements, and fees for a parcel, subdivision or condominium map, can be found at the above link under ‘Maps and Divisions’.
Should you have any questions, please feel free to contact me at (818) 238-5250.
Sincerely,
Joseph Onyebuchi
Associate Planner
CC: Patrick Prescott, Community Development Director
Federico “Fred” Ramirez, Assistant Community Development Director – Planning Scott Plambaeck, Planning Manager
Joseph H. McDougall, City Attorney
Leonard Bechet, Principal Planner
ATTACHMENTS
Attachment A – City of Burbank Zoning Code Objective Standards Consistency Matrix Attachment B – Gabrieleño Band of Mission Indians—KIZH Nation Tribal Enforceable Agreement Attachment C – Fernandeño Tataviam Band of Mission Indians Tribal Enforceable Agreement ATTACHMENT 3 - 3