1 CITY COMMENTS ON SB 35 NOI APPLICATION AND CONCEPTUAL DESIGN 910 S. MARIPOSA (PROJECT NO. 23-0006714)
PLANNING DIVISION - CONSISTENCY WITH OBJECTIVE DEVELOPMENT STANDARDS
BURBANK MUNICIPAL
CODE SECTION /
ADOPTED PLAN
CONSISTENCY ANALYSIS COMPLIANCE
DETERMINATION
Article 5. Use Table and
General Use Regulations
10-1-502: USES IN ALL
ZONES (EXCEPT
RESIDENTIAL ZONES)
Consistent. Per Table of Non-
Residential Uses, Multifamily
Residential-only (inclusive of a
condominium, housing
development project) is a
Permitted Use under State
preemption law (CA Govt.
Code Section 65913.4)
Article 6. Residential Uses
and Standards
Division 3.5 Multifamily
Residential-Only
Development in
Nonresidential Zones
10-1-621: PURPOSE
The purpose of this Division is to establish regulations for multifamily residential- only developments in nonresidential zones (all zones except for R-1, R-1-H, R-2, R-3, R-4, or MDR-3, and MDR-4). Nonresidential zones in the City typically have a visual character and land uses dictated by commercial development standards. Specialized development standards are needed to ensure that any residential development that occurs in these zones is appropriately designed to safeguard the health, safety and general welfare of potential residents and adjacent residential uses.
Consistent. The proposed
Project is on a property that is
within the M-1 (Limited
Industrial) zone which is a
nonresidential zone. The
regulations for multifamily
residential-only developments
ATTACHMENT 6 - 1
2 in nonresidential zones are
applicable to this Project.
10-1-622: APPLICABILITY
A. This Division applies
to the following
projects:
1. Residential-only projects consisting of Multifamily Residential-Only uses in nonresidential zones when allowed pursuant to BMC Section 10-1-502.
2. Residential-only projects consisting of Multifamily Residential-Only uses in nonresidential zones when mandated subject to streamlined ministerial review pursuant to State law that preempts local requirements.
Consistent. As noted in BMC
Section 10-1-622 (A)(1), the
proposed Project is Residential-
only project consisting of
Multifamily Residential-Only
Uses in the M-1 Zone, a
residential zone per BMC
Section 10-1-502.
B. Residential additions
to existing residential
uses:
1. If one or more dwelling units are added to an existing single-family dwelling and the single-family structure is retained, all units on the lot, including the previously existing single-family dwelling, shall comply with the applicable requirements of this Division.
2. If one or more dwelling units are added to a property with an existing nonresidential use and the nonresidential use is retained, this Division shall not apply and instead, the project will be subject to Article 9, Division 4 (Mixed-Use Development in Nonresidential Zones).
Not Applicable.
C. To the extent that any
provision in this
Division conflicts with
State laws that
preempt local
development
standards for an
applicable project,
State law will control
over the conflicting
provision. In such
event, the remainder
of this Division that is
Consistent. Project seeks to
address any conflicts with
applicable objective
development standards through
its submittal as an SB 35
Application that includes a
Density Bonus request with
incentives/concessions and
waivers to address noted
deviations from applicable city
standards and was submitted
concurrently under the
ATTACHMENT 6 - 2
3 not in conflict with
State law will apply to
the project.
provision of SB 330 (CA Govt.
Code Section 65941.1)
10-1-623: APPLICATION
REQUIREMENTS
Application submittal requirements shall be established by the Director, and will include, at a minimum:
A. General Application
Form with owner signature
and architectural plans
pursuant to Standard Plan
Details, as issued by the
Director. Applications seeking
review through the
Streamlined Ministerial
Approval Process shall submit
the application materials as
listed in Section 10-1-
19302(D).
Not Consistent. Applicant
submitted an application
subject to the City’s
Streamlined Ministerial
Approval Process (BMC
Section 10-1-19302) on October
4, 2024. The City received a
signed application form with
owner signature and
architectural plans pursuant to
Standard Plan Details as issued
by the Director.
The west elevation shown on
Sheet 16 of the plan submittal
does not depict the full frontage
of the lot from property line to
property line inclusive of the 7-
foot-tall CMU wall depicted on
Sheet L-3.
B. Identification of any
applicable State laws,
including any State law that is
invoked for a streamlined
ministerial review process.
Include a detailed narrative
description of how the project
satisfies all State law criteria
for any applicable streamlined
ministerial review process.
Consistent. Applicant
submitted a Cover Letter
indicating the Project
submission pursuant to Senate
Bill 35 (CA Gov’t Code
65913.4) and is requesting
density bonus pursuant to CA
State Density Bonus Law (CA
Gov’t Code 65915)
ATTACHMENT 6 - 3
4 C. A consistency table that
identifies all the applicable
local development standards
and describes how the project
complies with these standards.
Consistent. A consistency
table/matrix was submitted by
the Project Applicant and has
been independently verified by
City Planning staff.
D. For sites in nonresidential
zones, as well as sites
identified by the Burbank Fire
Department (the Fire Marshal)
as having a history of
hazardous materials use or
storage, the applicant shall
conduct a Phase I
Environmental Assessment (as
defined in California Health
and Safety Code
Section 25319.1) and submit a
Phase I Environmental Site
Assessment (ESA) report in
compliance with industry
standards established by the
American Society for Testing
and Materials, as well as any
further studies recommended
in the Phase I report.
Furthermore:
1. If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment (as defined in California Health and Safety Code Section 25319.5), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
2. If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
3. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist on the site, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
4. The applicant shall be responsible for any cost related to third party review of a Phase I ESA report and any subsequent environmental documents submitted in compliance with this Section.
Consistent. The Project
Applicant has submitted the
required Phase I,
Environmental Assessment.
The Phase I was prepared by a
3rd Party consultant and the
Findings note that there is no
history of hazardous materials
use or storage at the Project site
and no further studies are
required.
10-1-624: PROPERTY
DEVELOPMENT
STANDARDS
A. STANDARDS TABLE.
All multifamily dwelling
structures in the nonresidential
zones shall be designed,
See Table 10-1-624(A) in Burbank Municipal Code Not Consistent. See analysis below.
ATTACHMENT 6 - 4
5 constructed, and established in
compliance with the
requirements in Table 10-1-
624(A) and all other
applicable provisions of this
Division and this Code, unless
otherwise preempted by State
law. Where the last column in
the table includes a Section
number, the referenced
Section includes additional
requirements related to the
development standard. In the
case of a discrepancy between
the table or elsewhere in this
Division, the requirements
specified elsewhere in this
Division supersede the
conflicting standards.
B. Floor Area Ratio
All multifamily residential-only housing development projects (regardless of zoning designation) are not subject to maximum Floor Area Ratio (FAR) calculations. If there are two or more structures on the lot, at least one residential and one nonresidential, the entire property is subject to the Mixed-Use standards in Article 9, Division 4.
Consistent. Project is a
Multifamily residential-only
housing development project
and is not subject to FAR
calculations.
C. Lot Coverage
1. Lot coverage is calculated using the footprint of all covered structures with a height of six (6) feet, eight inches or more feet on the property except as exempted below, as measured from the exterior walls or the outside edge of supporting posts.
2. Cantilevered upper stories and balconies of up to five (5) feet are not included in the calculation of lot coverage. If the cantilevered portion is greater than five (5) feet or if the overhanging portion is supported from the ground, the entire cantilevered portion shall be included in the calculation of lot coverage.
Consistent. Project meets the
standard. The Project’s lot
coverage is 45 % and per BMC
Section 10-1-624(A), the
maximum lot coverage allowed
is 80%.
ATTACHMENT 6 - 5
6 3. The following structures are not included in the calculation of lot coverage:
a. Non-enclosed porches, patios, porte -cocheres, and similar non - enclosed covered spaces and structures. A space is considered non - enclosed if it is completely open on at least two (2) sides from the ground or floor level to a height of six (6) feet, eight inches above the ground or floor level.
b. Fully subterranean parking garages where the top of the roof deck is located at or below the average grade.
D. Height
1. The maximum height of a building or structure shall be determined by its distance from the closest lot line of any property zoned for residential uses as follows, unless otherwise preempted by State law:
Distance from
Single Family
Residential
Zoned Lot
Distance From
Multiple-
Family
Residential
Zoned Lot
Maximum
Height
0-149 feet 40 feet. A
request for
greater
maximum
height may be
reviewed
through the
Conditional
Consistent. The Project is
approximately 75 feet from the
closest R-1-H lot line across
Mariposa Street. Therefore the
maximum height permitted
pursuant to BMC 10-1-624(D)
is 40 feet. The proposed
maximum height for the project
is 63.7 feet and is permitted
pursuant to the Project
Applicant’s request of a waiver
from the height requirements in
BMC Section 10-1-624,
Subsection D (Height) items 1
through 10), pursuant to State
Density Bonus Law (CA Govt.
Code Section 65915).
ATTACHMENT 6 - 6
7 Use Permit
process.
150 – 299 feet 0-299 feet
60 feet. A
request for
greater
maximum
height may be
reviewed
through the
Conditional
Use Permit
process.
300 feet or
greater
300 feet or
greater
80 feet. A
request for
greater
maximum
height may be
reviewed
through the
Conditional
Use Permit
process.
2. Roof and architectural features, including, but not limited to ornamental towers, spires, steeples, belfries and cupolas and roof appurtenances such as rooftop equipment, skylights, fire and parapet walls, chimneys, ventilating fans, antennas, tanks, flagpoles, penthouses or roof structures for housing elevator lofts, stairways, air conditioning or similar equipment, and other appurtenances usually required to be placed above a building to operate and maintain it, may exceed the maximum height, up to 15 additional feet, if a 45-degree angle as depicted in ATTACHMENT 6 - 7
8 Diagram No. 1 is maintained. This 45-degree angle shall be drawn inwards from the intersection of setback required in Table A of Section 10-1-624 and maximum height allowed.
3. A height buffer is required from any single-family zoned lot. When adjacent or adjoining a single-family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 20 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining single-family zoned lot, unless otherwise preempted by State law…Encroachments into the height buffer area are allowed for rooftop structures including: open patios, building mounted shade structures, arbors or trellis structures that are not supported from below, parapet walls, opaque balcony railings, and landscaping.
4. A height buffer is required from any multiple-family zoned lot. When adjacent or adjoining a multiple-family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 35 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining multiple family zoned lot, unless otherwise preempted by State law. Encroachments into the height buffer area are allowed for rooftop structures including: open patios, building mounted shade structures, arbors or trellis structures that are not supported from below, parapet walls, opaque balcony railings, and landscaping.
5. A Conditional Use Permit is required for building or structure height greater than the maximum heights allowed in Subsections D(1) and D(2).
6. Height is measured from the average grade of the lot. Grade is determined as defined in Section 10-1-203. The building or structure height is the vertical distance measured from Grade to the ceiling of the highest room permitted for human occupancy.
7. On lots that extend across multiple height zones listed in Subsection D(1), the portion of a structure within the distance requirement (e.g. less than 150 feet) shall meet the height requirement for that section (e.g. 40 feet). Should a structure extend beyond one (1) or more of the distance requirements, the portions of that ATTACHMENT 6 - 8
9 structure within each distance requirement shall meet each applicable height requirement separately.
8. Except when used as enclosure of rooftop open space areas, parapets may not exceed six (6) feet in height above the intersection of the roof surface and the wall.
9. The ground floor of all buildings shall have a minimum height of 13 feet, as measured from the sidewalk elevation to the second story floor or roof if it is part of a one-story building.
10. Fully subterranean garages and fully subterranean basement floors are not counted towards the building height. For the purpose of this subsection, fully subterranean means below the average grade. Above-grade garages as defined in Section 10-1-624(J) shall be counted towards building height.
E. YARD SETBACKS
AND ENCROACHMENTS.
1. The minimum required setbacks for all yards are specified in Table 10-1- 624(A).
2. Structures, except above-grade, semi-subterranean, and fully subterranean parking structures, on lots with less than 75 feet of lot frontage, have no required front or street side yard setbacks on those lot frontages of 75 feet or less.
3. The required setback from the front or street-facing lot line for above-grade, semi-subterranean, and fully subterranean parking structures shall be at least five (5) feet or 20 percent of building height, whichever is greater, but no greater than ten (10) feet. In no event shall the setback be less than three (3) feet. This setback requirement may be averaged. For example, a parking structure with a height of 25 feet that is 50 feet wide, would have a minimum setback of 5 feet. This setback can be averaged by providing 3 feet for 50% and 7 feet for the remaining 50% of the structure length.
a. Any portion of street-facing parking garage visible above grade shall constitute no more than 50% of each street-facing elevation of the primary structure. The remaining portion of the garage shall be set back a minimum of 15 feet from the property line. The area between Not Consistent.
The Applicant is proposing a
maximum height of 63.7 feet,
therefore the minimum front
setback requirement is 12’9”.
The Project meets the setback
requirement. See calculations
below. The Project meets the 5
foot minimum requirement in
the side and rear yards.
1st floor avg front setback:
(39.86’) + (34.23’) + (38.19’) +
(8.19’) + (2.7’) + (7.08’) +
(38.79’) + (47.15’) / 8 = 26.5’
2nd, 3rd, and 4th floor avg front
setback: (39.88’) + (34.25’) +
(33.56’) + (8.19’) + (9’) +
(38.77’) + (47.19’) / 7 = 30.12’
ATTACHMENT 6 - 9
10 this portion and the property line may be utilized for other enclosed or open space as allowed by this Division.
b. When abutting or adjacent to single-family zoned lots, above- grade parking structures shall be set back 20 feet from the residential property line. When abutting or adjacent to multiple family zoned lots, above-grade parking structures shall be set back ten (10) feet from the residential property line. Public rights-of-way may be used in this calculation. For setbacks for surface parking lots, see Article 14, Division 4 of this Chapter.
4. Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified in Table 10- 1-624(E). Encroachment distances are measured from the minimum required setback line inclusive of any applicable required buffers and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.
5. Bicycle parking is allowed within required yards specified in Table 10-1- 624(A), provided that it is in conformance with all provisions of the Burbank Municipal Code and any other applicable objective design and development standards issued by the City.
6. No structures or objects may be constructed or placed in required yard areas except as expressly permitted by this Section or as specifically included in the definition of Landscaping in Burbank Municipal Code Section 10-1-203.
7. The following requirements apply to all required front yards and street-facing side yards:
a. A minimum of 50 percent of front and exposed side yards shall be landscaped.
b. Hardscape is limited to a driveway leading directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible, pedestrian pathways, and
5th floor avg front setback:
(43.38’) + (39.54’) + (37.88’) +
(95.98’) + (90.60) = 61.48’
(E)(4) of this standard permits
encroachments into required
setback areas by various
structural components such as
balconies. The Project proposes
balconies on units 202, 302, and
402 that encroach into the
permitted setback area in
violation of BMC 10-1-624(E).
The Project requests an
incentive for balcony
encroachment into the front
yard as part of their allowance
under CA Density Bonus Law
(CA Govt. Code Section 65915).
This incentive will allow the
balconies to encroach into the
front yard setback and are
proposed to be 1’6” from the
front property line.
8 inverted U racks are provided
within the semi-subterranean
garage for a total of 16 bicycle
parking spaces. No bike
parking is proposed in any
required yards.
(E)(7)(a) of this standard
requires 50% of all front and
exposed side yards to be
landscaped. The front setback
area for this Project, as
ATTACHMENT 6 - 10
11 encroachments specifically permitted in Table 10-1-624(E). For the purposes of this Subsection, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious surfaces. c. The provision of outdoor amenities and decorative hardscape, such as outdoor seating areas with benches permanently affixed to the ground or hardscaped areas enriched with decorative materials which are under a tree canopy, shall be credited toward up to 50 percent of the required landscaping in all yards. Vehicular access areas may not be considered as decorative hardscape.
d. To qualify as landscaped area, all areas not occupied by trees or drought-tolerant shrubs shall be planted with drought-tolerant ground cover with a minimum soil depth of 12 inches. All planters shall be a minimum of 18 inches deep and two (2) feet in their smallest inside dimension, unless a tree is required, in which case a four (4) foot planter depth shall be required and the planter shall have a minimum inside dimension of four (4) feet.
e. In required front and exposed side yards, a minimum of one (1) tree shall be planted for every 40 linear feet of street frontage or fraction thereof. Turf is allowed in up to 50 percent of required landscaped areas. In shrub areas, a minimum of one five (5) gallon shrub is required for every ten (10) square feet of shrub area. f. A minimum of 50 percent of required trees shall be a minimum 36-inch box size, with the remainder a minimum 24-inch box size.
The required 36-inch box trees shall be equally distributed in required front or street side yards.
g. If trees are planted in planters, the planters shall have a minimum length and width of five (5) feet.
h. No vehicle may be parked at grade in a required front yard or street-facing side yard.
calculated by Staff, is 1,837
square feet. Of this total,
approximately 521.01 square
feet (28%) is landscaped.
(E)(7)(e) of this standard
requires a minimum of one (1)
tree to be planted for every 40
linear feet of street frontage or
fraction thereof. The Project
proposed a 144’ long street
frontage that would require a
minimum of 3 trees to meet this
standard. Sheet L-1 indicates
two trees within the setback
area.
The Project complies with the
remaining subsections.
ATTACHMENT 6 - 11
12 8. Reversed corner lots. The following requirements apply to any reversed corner lot that abuts a key lot when the key lot is located in any residential zone:
a. The minimum required street-facing side yard setback for the rear 30 feet of the reversed corner lot is equal to the minimum required front yard setback of the key lot.
b. Encroachments into the street-facing side yard setback for the rear 30 feet of the reversed corner lot are equal to the encroachments permitted into the front yard of the key lot.
F. Buffer Area
1. Notwithstanding the setback encroachments specified in Table 10-1-624(E), a 20-foot buffer area shall be provided in any side or rear yard that abuts or is adjacent to a single family zoned property and a 10-foot buffer shall be provided in any side or rear yard that abuts or is adjacent to a multiple family zoned property. The buffer area is measured from the property line of the single-family or multiple-family zoned property perpendicular to such property line, and includes public streets and alleys.
a. The buffer distance establishes the minimum setback line for the yard or yards in which it is provided, unless the buffer setback line is closer to the multifamily property line than the otherwise required minimum setback. Except as provided in this Subsection, no encroachments by structures or objects are permitted into the buffer area beyond the allowable encroachments listed in Table 10-1-624(E) or as listed in Subsection 10-1-624(F)(2) below.
b. The additional setback resulting from the buffer area required for this section shall not apply to the 15-foot additional height allowed for roof and architectural features and appurtenances within a 45-degree incline plane established in Subsection D. The setback plane for those Not Applicable. This standard
refers to side and rear yards
only. The Project’s side and
rear yards do not abut/ are not
adjacent to any single-family
zoned property or multiple
family zoned property.
ATTACHMENT 6 - 12
13 rooftop features is established by required setback in Subsection D(2) through D(4).
c. When the subject property abuts or is adjacent to a single-family or multiple-family zoned lot, a five (5) foot strip of the open space which lies adjacent to the residentially zoned lot shall be landscaped.
This landscaping is intended to provide screening between the different zones.
2. The Buffer area may contain the following uses:
a. Where the buffer area abuts a public alley, the buffer area may be utilized as a driveway to provide vehicle access from the alley to an on-site garage or parking area using the shortest and most direct route feasible.
b. The buffer area may contain pedestrian pathways.
c. The buffer area may contain outdoor common area and outdoor amenities, and hardscaping associated with the provision of amenities in an open space area, located up to within 10 feet of the shared property line. For the purposes of this Subsection, hardscaping means cement concrete, asphalt, bricks, pavers, and similar impermeable surfaces.
d. The buffer area may contain ground-level private open space areas so long as such areas are enclosed with an opaque enclosure as required by this Chapter.
e. The buffer area may contain uncovered parking spaces up to within 10 feet of the shared property line with a residential zone. f. The buffer area may contain portions of driveway for the purpose of accessing required onsite parking so long as any required landscaped open space is provided.
ATTACHMENT 6 - 13
14 g. The buffer area may contain bicycle parking facilities subject to this Code and any other applicable City-issued objective design and development standards.
3. With the exception of the allowable uses listed in 10-1-624(F)(2) above, the remaining portion of the buffer area located on the subject property shall be landscaped as provided in Section 10-1-624(N).
G. Plane Breaks and
Modulation
1. The following plane breaks shall be required for all street-facing elevations:
a. A plane break shall be provided along each street-facing facade exceeding 50 feet in width. The plane break shall be of at least 10 percent of the facade width or 20 feet, whichever is greater. The break depth shall be at least 5 feet for each elevation of each story under 40 feet in height and shall be open to the sky. Break dimensions are measured perpendicular to the plane of the wall.
b. At least 15% of the area of the first 40 feet of building height visible to the street, including features such as recessed balconies or building forms, shall be recessed by a minimum of 5 feet.
2. For buildings above 40'-0'' in height, any portion of primary wall above 40'-0'' facing the street shall be recessed by an additional 5 feet from the required setback. Encroachments into this 5-foot offset are allowed as specified in Table 10-1-624(E).
3. Plane breaks shall be provided on each structure on the lot.
4. Balconies, entries, and porches or portions thereof that are recessed into the building facade may be utilized to satisfy the plane break requirements. Balconies, entries, and porches or portions thereof that project from the building facade may not be utilized to satisfy the break requirements.
Not Consistent.
(G)(1)(a) requires each eligible
plane break to be at least 10%
of the façade width or 20 feet,
whichever is greater. Floors 1-4
propose multiple plane breaks
(4) along the front facade that
are 16% of the façade width or
below. There are multiple
sections along each floor of the
façade that do not meet the
minimum break depth. This
standard is not met. See staff
calculations on Sheet 10 of
submittal.
ATTACHMENT 6 - 14
15 H. Fences, Walls, Hedges and
Other Yard Features
1. Fences, walls, and hedges.
a. Fences, walls, and hedges may not be composed, in whole or part, of dangerous wire types including, but not limited to: razor wire, barbed wire, electric wire, or any other similar wire type that may pose serious risk of injury. Chain link fences are prohibited. b. The maximum allowed height of fences, walls, and hedges is as specified in Table 10-1-624(A).
c. The height of a fence or wall is measured from the highest abutting finished ground surface of the property upon which the fence, wall, or hedge is located. On sloped surfaces, portions of a fence, wall, or hedge may exceed the maximum height for the purpose of providing a stair-step design, but each stair-step section, as measured from the horizontal midpoint, may not exceed the maximum height. d. Ornamentation on top of fences, walls, and hedges in the front yard may exceed the maximum allowed height for fences, walls, and hedges up to 18 inches above the actual height of the fence, wall, or hedge or up to a maximum height of five (5) feet, six (6) inches. All ornamentation features shall be spaced a minimum of four (4) feet apart, as measured on center. In all other yards, ornamentation may not exceed the maximum allowed height for fences, walls, and hedges. e. All fences, walls, and hedges shall comply with the corner cutoff provisions of Section 10-1-1303.
f. Gates are subject to the same requirements as fences and walls. g. Guardrails and handrails may exceed the maximum wall and fence height up to the extent required by the Building Code. The guardrail shall be a fully transparent material or 50% open design.
Not Consistent.
The Project is proposing one 3-
foot-tall CMU wall along the
front property line, two 5-foot-
tall metal gates, an 8-foot-tall
sight wall along the driveway,
and a 7-foot-tall CMU wall
within the front yard setback
area. The 7-foot-tall wall
(highlighted in red on Sheet L-
3) and the 8-foot-tall sight wall
(highlighted in green on Sheet
26) exceed the maximum
permitted for solid walls (4
feet).
Sheet 26 depicts an item that is
highlighted in dark orange but
is not identified in the legend.
Staff cannot determine what the
item is nor its dimensions.
Please update plans in
conformance with BMC Section
10-1-624(H)(1)(b)
A decorative gate/fence is
shown in front of the proposed
driveway area on Sheet 16 of
the plans however, Sheet L-3
titled “Schematic Walls &
Fence Plan” does not reference
this gate nor its dimensions.
Staff is unable to confirm if the
decorative gate/fence is
proposed or if it meets this
ATTACHMENT 6 - 15
16 h. Enforcement of nonconforming fences, walls, and hedges established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.
2. Other yard features.
a. Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and a maximum interior length of three (3) feet as measured from the highest abutting finished ground surface. Other yard features are limited to a maximum height of six (6) feet and a maximum width of six (6) feet.
3. Retaining walls.
a. Retaining walls located within front yard areas are limited to a maximum height of four (4) feet per wall.
b. Additional retaining walls shall be setback a distance equivalent to the height of the retaining wall below as measured from the face of the retaining wall below.
c. Fences or walls that are placed on top of a retaining wall within a front yard are limited to a maximum height of four (4) feet from the abutting finished ground surface and require an additional two (2)-foot setback from the face of the retaining wall below.
d. Enforcement of nonconforming retaining walls established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.
4. Exceptions. Exceptions from the requirements of this Subsection (H) (including the applicable requirements of Section 10-1-1303 referenced herein) may be granted by the Building Official when required by the Building Code for health or safety purposes or when required by State Law. standard. Please update plans
so that staff can in conformance
with BMC Section 10-1-
624(H)(1)(b).
There are no retaining walls
proposed with this application.
ATTACHMENT 6 - 16
17 I. Parking Areas and
Driveways
1. All parking spaces provided in a multiple family dwelling project shall be full-size spaces no less than eight (8) feet, six (6) inches wide and no less than 18 feet deep. Parking spaces adjacent to walls and columns, and at the end of the access aisle are subject to any additional dimension requirements in the Burbank Municipal Code and any applicable City Standard Plans.
2. When individual garages or carports are used to provide parking for individual units, a clear space no less than nine (9) feet, six (6) inches wide and 19 feet deep shall be provided inside the individual garage or carport for each parking space.
3. All parking spaces shall be clear of any encroachments including but not limited to structural features, shelves, cabinets, appliances, and equipment.
4. Tandem parking spaces may be used only as designated parking for units providing more than one (1) parking space. Tandem Spaces shall be no less than eight (8) feet, six (6) inches wide and no less than 36 feet deep.
5. Unrestricted access shall be provided to all guest spaces when such spaces are provided. Such spaces may not be located within a gated or secured area or otherwise have their access restricted.
6. All parking spaces located within the rear half of the lot may be in a garage or carport, covered, or uncovered; all other parking spaces shall be in an attached, detached, or subterranean enclosed parking garage.
7. All parking spaces, driveways, backup areas, and access aisles shall be designed and constructed in compliance with Article 14 of this Chapter and any applicable City Standard Plans.
8. Onsite Driveways shall be improved with cement concrete, asphalt, brick, pavers, or a permanent surface approved by the Director.
9. Onsite driveways shall be no less than 10 feet wide and shall remain clear and unobstructed by any structural elements or vegetation. Driveways located at the Consistent. The Project
proposes 45 parking spaces and
all parking spaces meet the
minimum required dimension.
The Project meets subsection 4
by providing 4 tandem parking
spaces (8 total spaces) for 4
units and 37 parking spaces for
the remaining 36 units.
The proposed driveway is
approximately 20 feet in width.
The proposed design of the
parking spaces, driveways,
backup areas, and access aisles
meet comply with BMC Title 10
Chapter 1 Article 14 as
discussed further in the matrix.
The Project proposes one curb
cut and complies with BMC
Section 10-1-642(I)(11)
ATTACHMENT 6 - 17
18 street-facing elevation of a structure shall not exceed 18 feet in width and all other driveways shall not exceed 20 feet width. For projects with less than 200 feet of street frontage, a maximum of 1 two-lane driveway shall be permitted for each street frontage. For sites with more than 200 feet of street frontage, a maximum of 2 two-lane driveways shall be permitted for each street frontage.
10. When a turning movement is required to back out of a parking space, including but not limited to a curved driveway or access from an alley, a minimum backup turning radius of 24 feet shall be provided for all parking spaces as measured from the exterior wall of the garage or carport.
11. No more than one (1) curb cut may be provided on each street frontage for each 100 feet of lot frontage on that street, except that lots with less than 100 feet of frontage may provide one (1) curb cut. Curb cuts shall be separated by at least 20 feet of uncut curb.
12. Unbundled Parking:
a. For any building with new residential units, automobile parking spaces shall be leased or sold separately from the rental or purchase fees, such that renters or buyers have the option of renting or buying the unit at a lower price than if the parking was included. b. Renters or buyers have the right of first refusal to parking built for their unit. Any remaining spaces may be leased to other users on a month-to-month basis. New occupants shall have the opportunity to lease or purchase parking built for their unit.
J. Parking Garages
1. Parking garage shall be understood to be the same as a parking structure for the purpose of this Division.
2. To be considered a semi-subterranean garage, the top deck of a parking garage shall be no higher than five (5) feet above the natural abutting ground Consistent. The parking garage
is not visible from the front
yard.
ATTACHMENT 6 - 18
19 surface at any point as measured at a five (5)-foot horizontal distance out from the exterior wall surface.
3. Parking garages that exceed the height requirement for a semi-subterranean garage as described above are considered above-grade garages.
4. Portions of above-grade garages and semi-subterranean parking garages that extend above the ground surface on a front or street-facing side yard elevation shall be completely screened by a permanently irrigated landscaped berm or climbing vine wall or a decorated perforated metal screen. Any such feature is subject to the height limitations set forth in Table 10-1-624(A).
5. All garage openings on a front or street-facing side yard elevation shall provide access to a common parking area for multiple units or shall provide access to a common driveway that serves individual parking garages. Such openings may not serve a separate parking garage for an individual unit.
6. All vehicle gates to a parking garage on a street-facing elevation and parallel to the street shall be located at least 18'-0'' from the property line to allow for single-vehicle queuing.
7. Garage doors shall not, when open or being opened, project beyond any lot line.
8. All subterranean, semi-subterranean, and above-ground garage openings may not exceed 20 feet in width, unless otherwise required by the Fire Department. On street-facing elevation of a structure, garage openings shall not exceed 18 feet in width, unless otherwise required by the Fire Department. All garage openings on a front or street-facing side yard elevation shall be separated by at least 20 feet.
9. Setback requirements for all types of parking garages are contained in Section 10-1-624(E)(3).
ATTACHMENT 6 - 19
20 K. Private Open Space
1. Private open space areas shall be located outside the interior living space of a structure.
2. Private open space areas shall satisfy the minimum dimensions specified in Table 10-1-624(A).
3. Each individual private open space area shall be enclosed by an enclosure at least 42 inches tall. Such enclosure shall be opaque if located above the ground level and located on the building elevation directly facing a residentially zoned property.
4. Private open space shall abut the unit that it serves and allow for direct access from the unit without having to enter a common area.
5. Private open space areas shall have a slope no greater than five percent but may be located on multiple levels.
6. If located on multiple levels, each level of private open space shall individually satisfy the minimum dimensions required by Table 10-1-624(A).
7. Front and street-facing side yards may be utilized for private open space.
Balconies used for private open space may encroach as permitted in Table 10-1- 624(E). Interior side and rear yards may be utilized for private open space so long as the open space is provided at grade and minimum dimensions are satisfied.
8. Rooftop areas, including the top of above-grade garages, may be utilized to satisfy required private open space requirements. Such areas shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. When a rooftop area is utilized for open space, such open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for residential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the building on each elevation, or as required by the height buffer established by this Section.
Not Consistent.
Table 10-1-624(A) of the BMC
indicates that private open
space areas shall have a
minimum of 70 square feet per
unit. Unit 109 is proposing a
private open space area of 67.5
square feet.
(K)(9) states that the sum of all
roof decks on a single building
shall not exceed a maximum of
50 percent of the roof area.
Staff calculated the total area of
the roof to be approximately
13,182.82 square feet and the
total area of roof decks to be
7,031.2 square feet. Staff
concludes that the sum of all
roof decks on the building is
approximately 53% and
exceeds the maximum
requirement.
(K)(12) states that a minimum
10% of ground level private
open space areas shall be
landscaped. The plan submittal
does not indicate the required
landscaping on any of the
ground floor private open space
areas.
ATTACHMENT 6 - 20
21 9. The sum of all roof decks on a single building shall not exceed a maximum coverage of 50 percent of the roof area.
10. Private open space areas shall be dedicated areas separate from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access features.
Hardscaping is limited to pedestrian pathways and recreation areas.
11. Private open space areas may not contain stairways or ramps except as necessary to provide access to the open space area or among different levels of the open space area.
12. When provided on the ground level, private open space areas shall be landscaped as provided in Section 10-1-624(N).
L. Common Areas and
Amenities
1. The following requirements apply to all amenities and common areas:
a. At-grade interior side and rear yard areas, inclusive of required buffer areas, may be utilized for common area requirements so long as all minimum dimensions are satisfied.
b. All portions of all common areas shall be accessible to all tenants and useable for recreational purposes.
c. Rooftop amenities, including amenities located at the top of above-grade garages, may be utilized to satisfy common area requirements. Rooftop amenity areas shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. Rooftop open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for residential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the building on each elevation, or as required by the height buffer established by this Section.
Not Consistent.
Minimum common area per
unit is 100 square feet. The
Project proposes 40 units,
therefore a minimum of 4,000
square feet is required. The
Project proposes 16,358 square
feet of common open space.
Rooftop open space shall be
screened by an opaque parapet
wall at least six (6) feet tall on
the side facing a lot zoned for
residential use or a lot with
existing residential
development. Such parapet
shall be set back at least five (5)
feet from the exterior face of
the building on each elevation,
or as required by the height
ATTACHMENT 6 - 21
22 c. All amenities shall be permanently installed as part of the project, unless otherwise approved by the Director.
d. Outdoor common areas shall be at least 80 percent open to the sky with no overhanging structural elements, including balconies or canopies. Any portions of common areas located on the roof shall be at least 50% open to sky.
e. Within outdoor common areas, all hardscape shall be brick, tile, or another permanent decorative material.
f. Outdoor common areas shall be dedicated areas separate from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access features. Hardscaping is limited to pedestrian pathways and recreation areas.
2. On-site amenities shall be provided as follows. Any of the amenity items listed below may be substituted with a comparable amenity subject to approval by the Director.
a. For projects with 20 or fewer units, two (2) different items from the following: gazebo, spa, cooking/eating area with built-in barbeque, fountain, reflection pool, water garden, or permanently affixed outdoor seating.
b. For projects with 21 to 99 units, two (2) different items from Subsection (a) and one (1) additional item from the following:
children’s indoor or outdoor play area or sandlot, dog park, lap pool, handball court, volleyball area, basketball court, activity room, sauna, or putting green.
c. For projects with 100 or more units, two (2) different items from Subsection (a), one (1) item from Subsection (b), and one (1) additional item from the following: in-ground or above-ground swimming pool including rooftop pools, tennis court, permanently buffer established by this
Section. Sheet 16 contains the
only viewpoints that allow staff
to measure the height of the
parapet wall from the provided
5th floor elevation. The
measured height is under 5 feet.
Staff is unable to determine
compliance with this section
from any other sheet
provided.
(L)(2)(b) contains standards
related to on-site amenities.
The Project proposes a pool,
cooking/eating area and an
entertainment room.
ATTACHMENT 6 - 22
23 equipped gym or exercise room with a minimum area of 300 square feet, personal dog grooming area with a minimum area of 200 square feet, a library with a minimum area of 500 square feet, a conference room with a minimum area of 400 square feet, or a community room with a kitchenette with a minimum area of 400 square feet, indoor or outdoor edible garden or greenhouse with a minimum area of 500 square feet.
M. Pedestrian Circulation
1. Pedestrian circulation paths shall be provided to connect the following on-site and off-site locations and features:
a. Common building/project entries and individual unit entries b. Parking garages and surface parking areas
c. Bicycle parking areas
d. Common areas including play areas, recreation areas, and sitting areas
e. Trash collection areas
f. Public sidewalks
g. Transit stops
2. Pedestrian paths shall have a minimum width of 60 inches and shall be improved with a decorative paved surface, brick, pavers, or similar material approved by the Director.
3. If a pedestrian path is included on one (1) or more sides of a vehicle driveway, access aisle, or parking area, such path shall be differentiated from the vehicle circulation area by a change in color, material, and/or texture.
Consistent. The Project
proposes a 5’ (60 inch) wide
pedestrian path that extends
from the public sidewalk at the
front of the property along the
site’s southern boundary to the
common open space areas
located at the rear and interior
of the lot. The material for the
pedestrian pathway is proposed
to be natural colored concrete
with light top-cast finish and
saw-cut joints
ATTACHMENT 6 - 23
24 N. Landscaping
Landscaping shall be provided for every lot, yard, open space area, and parking area as provided in this Subsection. For the purposes of this Subsection, “landscape area” means an area covered with soil and planted with trees, shrubs, turf/lawn, or other vegetation, including permanent planters.
1. A minimum percentage of the area of each lot shall be landscape area as specified in Table 10-1-624(A). All landscape area, including landscaping within common areas, but excluding required landscaping within required front and street-facing setbacks, may be used to satisfy this requirement.
2. When abutting or adjacent to a single-family zoned property, a minimum of 10% of each required rear and interior side yard area shall be landscape area.
3. All landscape areas shall provide minimum soil depths as follows:
a. 12 inches for areas planted with drought-tolerant ground cover b. 18 inches for planters and areas planted with drought-tolerant shrubs and similar vegetation
c. 4 feet for planters or areas planted with trees
4. Each planter and landscape area shall have no dimension or diameter less than three (3) feet.
5. All required common areas located outdoors shall be landscaped as follows:
a. Outdoor common areas shall have a minimum of 10% of area covered by landscaping. If common areas are provided in more than one (1) area, each individual area shall provide the minimum percentage of landscape area.
b. All landscape areas within outdoor common areas shall be accessible by pedestrians.
Not Consistent.
The Project exceeds the 10%
minimum requirement for
landscaped area outside of the
front and street facing setback
areas.
Sheet L-4 does not provide
information on minimum soil
depth as stated in subsection
(N)(3)
(N)(6) states that a minimum
10% of ground level private
open space areas shall be
landscaped. The plan submittal
does not indicate the required
landscaping on any of the
ground floor private open space
areas.
(N)(7) is not applicable to this
Project.
(N)(8) – A total of six planters
are shown on the site plan,
however the plans do not
indicate drainage from the
planters.
ATTACHMENT 6 - 24
25 c. Trees shall be provided in outdoor common areas at a rate of one (1) tree per 600 square feet of open space area, subject to rounding up to the nearest whole number. If outdoor common area is provided in more than one (1) area, the number of required trees shall be calculated using the collective total of outdoor common area. The required number of trees may be distributed among the outdoor common areas at the discretion of the applicant with Director approval.
d. At least one half (1/2) of the required trees shall be at least 36- inch box size. All other trees shall be at least 24-inch box size.
6. All required private open space areas shall be landscaped if located on the ground level. At least 10% shall be landscaped.
7. All buffer areas required by Section 10-1-624(F) shall be landscaped as follows:
a. All non-hardscaped areas within the buffer area shall be landscaped.
b. At least one 36-inch box tree shall be provided every 15 linear feet along any lot line that abuts or is adjacent to a single-family zoned property.
c. If the buffer area is used to satisfy an outdoor common area requirement, the landscaping and trees may also be counted toward satisfying the outdoor common area landscaping and tree requirements.
8. All planters shall be constructed of permanent masonry or concrete construction. All planters shall provide drainage directly into a drainage system.
9. All landscape areas shall include a permanent fully automatic irrigation system. Irrigation systems shall utilize water conservation design concepts including but not limited to low-flow sprinkler heads and bubblers, drip systems, ATTACHMENT 6 - 25
26 zone separation, microclimate considerations, and moisture sensors. Irrigation systems may operate only between the hours of 9 p.m. and 6 a.m. A separate meter and service shall be installed for irrigation purposes only. When recycled water becomes available in the area directly adjoining the site, use of recycled water will be required for all irrigation needs. Pending recycled water availability, a backflow device will be required to protect the potable water system.
10. Landscaping plans demonstrating compliance with the landscaping requirements shall be prepared by a registered landscape architect. Final species selection and placement of all trees and vegetation shall be approved by the Director.
O. Building Orientation and
Design
1. All structures shall be oriented to the street by providing entries, windows, architectural features, and/or balconies on front and street-facing side yard elevations.
2. Along any street-facing elevations, windowless expanses of walls shall not exceed 20 feet in linear length for each habitable story of the structure.
3. The area of blank building wall fronting a public street may not exceed a square area where the height and width are both 10 feet.
4. A break in a blank building wall shall be provided by any of the following:
a. Doors, windows, or other building openings.
b. Building projections or recesses, doorway and window trim, or other details that provide architectural articulation and design interest. c. Varying wall planes where the wall plane projects or is recessed at least six inches.
d. A permanently attached trellis or functionally similar architectural feature for landscaping.
Not Consistent.
(O)(1) – The Project’s west
elevation depicts entries,
windows, architectural features,
and balconies.
(O)(2) - The west elevation
shown on Sheet 16 of the plan
submittal does not depict the
full frontage of the lot. Staff
cannot determine compliance
with this standard.
(O)(3)- See above comment.
(O)(4) – The front façade
provides numerous plane
breaks in the form of doors,
windows, balconies, and a
recessed main entryway.
(O)(6) and (7) – The Project
does not propose any shade
ATTACHMENT 6 - 26
27 e. A mural or public art attached to the building wall, if approved to fulfill Art in Public Places requirements pursuant to Section 10-1- 1114.
5. The following do not qualify as a break in blank wall:
a. Variation in exterior building wall color.
b. Stand-alone planted vegetation or landscaping not attached to a building wall.
c. Commercial, residential or directional signs.
d. Mechanical appurtenances such as water heaters, vents, or utility meters.
6. Shade Structures.
a. Shade structures may project up to two-thirds of the sidewalk width, when approved through an encroachment permit.
b. Shade structures shall allow a minimum of 10 feet of vertical clearance from sidewalk elevation.
c. Shade structures shall not encroach into the Tree Protection Zone (See Section 7-4-101) of any public tree.
7. Arcades.
a. Arcades shall be located behind the minimum setback. b. Arcades shall be a minimum of 8 feet from back of column to building facade.
structures or arcades in the
front yard area.
ATTACHMENT 6 - 27
28 c. The distance between columns shall be equal to or greater than the arcade depth dimension, as measured from the column center. d. The facade within the arcade shall meet the ground floor transparency requirements referenced in subsection Q.
e. Uses allowed within arcades include: pedestrian travel, seating/street furniture, outdoor dining, landscape planters, and/or bicycle parking.
P. Materials and Colors
1. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) colors shall be used on the primary structure.
2. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) materials shall be used on the primary structure.
3. Excluding windows and doors, inclusive of window and door trim materials, no material or color shall compose more than 75 percent of street-facing building facade(s).
Not Consistent.
(P)(1) – The Project proposes
two main colors for the primary
structure: white and brown
(P)(2) – The plan submittal does
not include a materials sheet so
that staff can determine
compliance with this standard.
(P)(3) – This standard is met.
Q. Windows and Awnings
1. Windows shall be recessed by a minimum of 3 inches from the facade.
2. At least 25 percent of the ground floor area (height and width) of each street- facing facade shall be windows or entrance doors. Those buildings on lots with 75 feet or less of street frontage which are built to the street property line shall have a minimum 35 percent of the building facade on the ground floor devoted to window treatment.
3. Street-facing facades shall incorporate glass providing views into the lobby, common area, or amenity areas. The minimum transparency is as follows:
a. Ground floor: 15%
Not Consistent.
(Q)(1) – The site plan does not
provide this level of detail and
staff is unable to determine
compliance with this standard.
(Q)(2) – The west elevation
shown on Sheet 16 of the plan
submittal does not depict the
full frontage of the lot and staff
is unable to determine
compliance with this standard.
ATTACHMENT 6 - 28
29 b. Overall Facade: 10%
4. Ground floor transparency is measured as the percentage of building frontage that consists of transparent openings between a height of 2 feet and 10 feet above sidewalk elevation.
5. The following requirements apply to all awnings, if used:
a. Awnings may not extend downward to cover more than 25 percent of a window face.
b. Vinyl, plastic, and ribbed metal awnings are prohibited.
(Q)(3) – The site plan does not
provide this level of detail and
staff is unable to determine
compliance with this standard.
(Q)(4) - The west elevation
shown on Sheet 16 of the plan
submittal does not depict the
full frontage of the lot and staff
is unable to determine
compliance with this standard.
(Q)(5) – This Project does not
propose any awnings.
R. Roof Design and Massing 1. Roof mansards and parapets, when used, shall continue around all building elevations, whether or not they are visible from the street.
Consistent. The Project depicts
a parapet roof that continues
around the entire building.
S. Entries and Porches
1. The ground floor shall include a common lobby or entryway for the residential units to facilitate pedestrian access to the public realm.
2. All entrances shall be recessed a minimum of 30 inches from the building face.
3. No unit or project entry may open directly onto a parking area, driveway, or other vehicle circulation area. This requirement is not intended to prohibit secondary entries that provide access from a private garage that serves the individual unit.
4. Walls along the side of a stoop, patio or entry to a residential dwelling unit greater than 30" in height shall be set back a minimum of 18 inches from the sidewalk line, separated by planted area.
Consistent.
(S)(1) – The ground floor
includes a common entryway
that facilitates pedestrian access
to the public right of way.
(S)(2) – The building entrance
is recessed approximately 6.47
feet from the building face.
(S)(3) – The Project does not
propose nay units that open
into a vehicular circulation
area.
(S)(4) – The Project proposes a
4’ high wall and a 8’ high wall
along the entry area and are set
back more than 18 inches from
ATTACHMENT 6 - 29
30 the sidewalk line. A landscaped
area is proposed in addition to a
bridal path.
T. Balconies and Stairways
1. Balconies shall be a minimum of three (3) feet deep. When used to satisfy the private open space requirement, balconies shall be a minimum of five (5) feet deep.
2. Balconies on elevations that abut or are adjacent to residentially zoned properties or properties that contain a residential use shall be enclosed by a solid opaque wall no less than five (5) feet tall.
3. Exterior stairways: enclosures or landscape barriers shall be provided wherever there is less than seven (7) feet vertical clearance below stairs.
Not Consistent.
(T)(1) – Units 209, 309, and 409
are designed with two balconies
each. Both balconies are used to
satisfy the private open space
requirement. However, the
balconies located on the
buildings northern façade
provide a 3-foot depth which
does not comply with this
standard.
(T)(2) – Applicant provided a
note on elevation sheet to meet
this standard.
(T)(3) – The Project does not
propose any exterior stairs with
less than 7 feet clearance
underneath.
U. Trash Collection Areas
1. All multifamily dwelling projects shall provide a designated on-site trash and recycling collection area.
2. Projects with four (4) or more dwelling units shall provide a designated on- site trash and recycling collection area no smaller than seven (7) feet by eight (8) feet, unless an alternate size is approved by the Public Works Department. When located outside of a structure, the collection area shall be covered and enclosed on three (3) sides by a masonry wall no less than six (6) feet tall and have a solid permanent metal gate(s). Doors and gates of trash enclosures cannot swing out into any public right-of-way or required vehicle aisle or maneuvering area.
Consistent.
(U)(1) – The Project provides
an on-site trash collection and
recycling area in the proposed
garage.
(U)(2) – The Project meets the
dimension requirements of this
standard by providing a trash
and recycling area that is 11.5’
by 21.75’ feet.
ATTACHMENT 6 - 30
31 3. Trash bins and enclosures shall not be located in any required front or street side yard area.
4. If the lot abuts an alley, the trash bin and/or trash enclosure shall be directly accessible from the alley.
(U)(3) and (4) are not
applicable to the Project.
V. Lighting
1. Lighting shall be provided in all common areas including, but not limited to:
parking garages, outdoor parking areas, common areas, pedestrian paths, stairways, and hallways.
2. Outdoor lighting fixtures shall be shielded and positioned and directed so as not to shine or cause glare onto adjacent properties or public rights-of-way.
3. Free-standing lighting fixtures shall be no taller than eight (8) feet as measured from the abutting ground surface or floor level.
Not Consistent.
A lighting plan was not
provided with this submittal
and staff is unable to determine
compliance with these
standards.
W. Other Features
1. Venting/Exhaust: Residential Vents shall be directed to the roof. If physically impossible to be directed to the roof, vents shall be routed through the wall and screened with a decorative vent cap.
Not Consistent.
The plan submittal does not
provide this information and
staff is unable to determine
compliance with this standard.
X. Signs
1. Sign standards for multifamily residential-only developments in nonresidential zones are subject to the R-3/R-4 sign requirements in Section 10-1- 1011.
2. One additional wall-mounted sign per building frontage may be installed, not to exceed the combined area of 2 square feet for each linear foot of that building frontage. The sign shall not extend beyond any point above the parapet height or lower than thirteen (13) feet above adjacent sidewalk.
This standard does not apply to
this Project.
ATTACHMENT 6 - 31
32 10-1-630: ADDITIONAL
REQUIREMENTS FOR
THE RANCHO AREA
A. APPLICABILITY
1. In addition to the development standards specified in Sections 10-1- 628 and 10-1-629, the requirements of this Section apply to all projects in the Rancho Area.
2. For the purposes of this Section, the Rancho Area is defined as depicted in Diagram 10-1-630(A) and described as the area bounded by Keystone Street, Alameda Avenue, Main Street, Valencia Avenue, Victory Boulevard, City boundary, Keystone Street extended, Riverside Drive, Bob Hope Drive, City boundary, California Street, Ventura Freeway, Bob Hope Drive, Riverside Drive, and Keystone Street.
Consistent. The Project meets
the Standard as the site is
located within the designated
boundaries of the Rancho Area.
B. ARCHITECTURAL
DESIGN
Architectural design and style for all structures must be oriented towards early California Rancho imagery, including but not limited to the following:
1. Strong horizontal elements such as long roof lines and verandas
2. Wide eave overhangs
3. Adobe or vertical board-and-batten wall surfaces
4. Deeply inset window and door openings
5. Heavy timber elements, such as post and beam support for porches or verandas
6. Multi-paned windows
7. Utilization of the following materials or similar materials approved by the Community Development Director:
Consistent. The Project
includes elements of Spanish
Colonial architecture
reminiscent of early California
Rancho imagery. The proposed
buildings feature notable
architectural elements such as
red clay roof tiles and stucco as
the primary finish. Secondary
elements such as recessed
windows, arched windows and
plane breaks provide visual
variation across all building
facades.
ATTACHMENT 6 - 32
33 a. Exterior woods, including rough cut timber and large section timber
b. Slump
c. Block or other adobe-like masonry
d. Clay roof tile
C. VEGETATION
Landscaping must include the following types of trees and vegetation, or similar species complementary to the existing Rancho environment that are approved by the Community Development Director:
1. California pepper
2. Olive
3. Live oak
4. California holly
5. Eucalyptus
6. Cactus and succulents
Consistent. Sheet L-4 of the
plan submittal lists the types of
trees and vegetation proposed
with this Project.
D. Rancho Review Board
All Development Review applications for projects in the Rancho Area are subject to review for compliance with the requirements of this Section by the Rancho Review Board as established in Section 10-1-2453.
Not Applicable, because the
project is ministerial pursuant
to State law (CA Govt. Code
Section 65913.4) and is exempt
ATTACHMENT 6 - 33
34 from CEQA and the City’s
Development Review process
therefore, Rancho Review
Board is not required.
Division 5. AFFORDABLE
HOUSING INCENTIVES
10-1-633: DEFINITIONS Refer to Zoning Code for list of definition 10-1-634: PURPOSE AND
INTENT – DENSITY
BONUS
In accordance with Chapter 4.3 Section 65915 et seq. of the California Government Code, this Division is intended to provide incentives for the production of housing for very low, low income, and senior households and for the production of for-sale housing for moderate income households residing in condominium and Planned Development projects. In enacting this Division, it is also the intent of the City of Burbank to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City’s housing element.
Consistent.
The Project Applicant has
submitted an SB 35 Application
that includes a Density Bonus
request pursuant to applicable
State law.
10-1-635: CALCULATION
OF DENSITY BONUS AND
NUMBER OF
INCENTIVES AND
CONCESSIONS
Consistent.
The Project includes a Density
Bonus Application with three
incentives/ concession, and one
waiver request and proposes a
100% Density Bonus Increase
pursuant to CA Govt. Code
Sections 65915.
A. The City shall grant a
Density Bonus to a developer
of a Housing Development of
five (5) or more dwelling units
who seeks a Density Bonus in
accordance with this Division
and agrees to construct at least
one of the following
1. Ten percent of the total units of the Housing Development as Affordable Units affordable to low income households; or
2. Five percent of the total units of the Housing Development as Affordable Units affordable to very low income households; or
3. A Senior Citizen Housing Development; or
4. Ten percent of the total units of a newly constructed Condominium Project or Planned Development as Affordable Units which are affordable to moderate income households.
Consistent.
The Project proposes 15% of
the total units for very low
income households and 15% of
the total units for moderate
income households.
ATTACHMENT 6 - 34
35 B. In determining the
number of Density Bonus
Units to be granted pursuant to
Subsection (A) of this Section,
the maximum residential
density for the site shall be
multiplied by 0.20 for
Subsections (1), (2), and (3)
and 0.05 for Subsection (4),
unless a lesser number is
selected by the developer.
When calculating the number
of permitted Density Bonus
Units, any calculations
resulting in fractional units
shall be rounded to the next
larger integer.
1. For each one percent increase above ten percent in the percentage of units affordable to low income households, the Density Bonus shall be increased by 1.5 percent up to a maximum of 35 percent.
2. For each one percent increase above five percent in the percentage of units affordable to very low income households, the Density Bonus shall be increased by 2.5 percent up to a maximum of 35 percent.
3. For each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the Density Bonus shall be increased by one percent up to a maximum of 35 percent.
When calculating the number of permitted Density Bonus Units, any calculations resulting in fractional units shall be rounded to the next larger integer.
Consistent.
The Project proposes 15% of
the total units for very low
income households. Pursuant to
CA Gov’t Code 65915(f)(2), the
housing development is eligible
for a 50% density bonus. The
Project proposes an additional
15% of the total units for
moderate-income households
and pursuant to CA Gov’t
Code 65915(v), is eligible for an
additional 50% density bonus.
The Project is therefore eligible
for a 100% density bonus from
the base density of 20 units for
this site resulting in a total of 40
units. CA Gov’t Code 65915
supersedes this code section.
C. The Density Bonus Units
shall not be included when
determining the number of
Affordable Units required to
qualify for a Density Bonus.
When calculating the required
number of Affordable Units,
any calculations resulting in
fractional units shall be
rounded to the next larger
integer.
Consistent.
The 100% density bonus was
calculated using the 20 unit
base density that is permitted
for the 1.01 acre site.
D. The developer may
request a lesser Density Bonus
than the project is entitled to,
but no reduction will be
Not Applicable. The Project
Applicant is requesting the full
density bonus (100%) pursuant
ATTACHMENT 6 - 35
36 permitted in the number of
required Affordable Units
pursuant to Subsection (A)
above. Regardless of the
number of Affordable Units,
no Housing Development may
be entitled to a Density Bonus
of more than 35 percent.
to CA Gov’t Code 65915 which
supersedes this standard.
E. Subject to the findings
included in Section 10-1-641,
when a developer seeks a
Density Bonus, the City shall
grant incentives or
concessions listed in
Section 10-1-641 as follows:
1. One (1) incentive or concession for projects that include at least ten percent of the total units for low income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a condominium or Planned Development.
2. Two (2) incentives or concessions for projects that include at least 20 percent of the total units for low income households, at least ten percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or Planned Development.
3. Three (3) incentives or concessions for projects that include at least 30 percent of the total units for low income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or Planned Development.
Consistent. The Project
includes a Density Bonus
Application, The Project
provides 15% of the total units
for very low income households
and an additional 15% of the
total units for moderate-income
households. CA State Density
Bonus Law permits the Project
to receive three incentives/
concession, and waivers.
F. A Housing Development
may be entitled to more than
one (1) Density Bonus, but in
no event can the total Density
Bonus for any Housing
Development exceed 35
percent. For example, if a
Developer provides ten
percent of the Housing Units
for Low Income Households
and an additional five percent
Very Low Income, Developer
Not Applicable. The Project
Applicant is requesting the full
density bonus (100%) pursuant
to CA Gov’t Code 65915 which
supersedes this standard.
ATTACHMENT 6 - 36
37 shall be entitled to two (2)
Density Bonuses. Multiple
Density Bonuses will only be
allowed where the affordable
units are separately and
independently counted;
however, in any event, the
maximum Density Bonus for
any Housing Development is
35 percent.
G. In accordance with state
law, neither the granting of a
concession or incentive nor the
granting of a Density Bonus
shall be interpreted, in and of
itself, to require a General
Plan Amendment, zoning
change, or other discretionary
approval.
Consistent.
The Project requests an
incentive for deferral of
development impact fees
pursuant to BMC Section 10-1-
640(A)(3), an incentive for
balcony encroachment into the
front yard pursuant to BMC
Section 10-1-1211, and a waiver
of development standards for
height pursuant to BMC
Section 10-1-806(A). The
requested incentives and waiver
do not require a General Plan
Amendment, zoning change, or
other discretionary approval.
H. If the Director makes any
of the findings set forth in
Government Code
Section 65915 (d)(1), the
written findings shall be
provided to the developer,
who may within 20 days of the
postmarked findings, appeal
the decision to the City
Consistent.
The Project Applicant has
submitted a letter to the City as
part of the submittal requesting
each incentive/waiver and
provided justification for each
waiver that satisfies CA Gov’t
Code Section 65915(d)(1)(A).
ATTACHMENT 6 - 37
38 Council by providing a written
request to the Director.
10-1-636: LAND
DONATION
Not Applicable. The Project
request does not include a
proposal for land donation.
10-1-637: CHILD CARE
FACILITIES
Not Applicable. The Project
request does not include a
proposal for child care
facilities.
10-1-638: CONDOMINIUM
CONVERSIONS
Not Applicable. The Project
request does not include a
proposal to convert existing
condominiums.
10-1-639:
AFFORDABILITY AND
DEVELOPMENT
STANDARDS
A. Affordable Units shall be
constructed concurrently with
Market Rate Units or pursuant
to a schedule included in the
Density Bonus Housing
Agreement.
B. Affordable Units offered
for rent to for low income and
very low income households
shall be made available for
rent at an affordable rent and
shall remain restricted and
affordable to the designated
income group for a minimum
period of 30 years. A longer
period of time may be
specified if required by any
construction or mortgage
financing assistance program,
mortgage insurance program,
Not Applicable. The Project is a
for-sale project.
ATTACHMENT 6 - 38
39 or rental subsidy program
applicable to the housing
development. Affordable
Units targeted to Low Income
Households and/or Very Low
Income Households will not
meet the requirements for
rental inclusionary units
contained in Division 5 of this
Article unless they remain
restricted and affordable for 55
years pursuant to Section 10-
1-651(C). The Director is
authorized to execute the
necessary agreement which
shall be prepared by the City
Attorney
C. Affordable Units offered
for sale to moderate income
households in condominiums
and Planned Developments
shall be sold by the developer
of the housing development at
a price that does not exceed
the Affordable Purchase Price.
At the time of the sale of an
Affordable Unit from the
developer of the Housing
Development to the initial
purchaser, the purchaser shall
execute a promissory note
secured by a subordinate deed
of trust in favor of the City.
The promissory note shall
require payment, upon resale
of the unit, the difference
between the market rate price
of the Affordable Unit at time
ATTACHMENT 6 - 39
40 of the purchaser’s purchase of
the Affordable Unit and the
Affordable purchase price, and
a proportionate share of the
appreciation. Upon a resale,
the seller of the unit shall
retain the market value at the
time of sale of any capital
improvements made by the
seller, the down payment, and
the seller’s proportionate share
of appreciation. The City’s
proportion of the share of
appreciation shall be equal to
the percentage by which the
Affordable Purchase Price was
less than the fair market value
of the Affordable Unit at the
time of the initial sale.
D. Affordable Units shall be
built on site, and shall be
dispersed within the housing
development. The number of
bedrooms of the Affordable
Units shall be equivalent to the
bedroom mix of the non-
Affordable Units of the
housing development, except
that the developer may include
a higher proportion of
Affordable Units with more
bedrooms. The design and
appearance of the Affordable
Units shall be compatible with
the design of the overall
housing development.
Housing developments shall
comply with all applicable
Not Consistent.
The Project Plan submittal
includes 31 two-bedroom units
and 9 three-bedroom units for a
total of 40 units. The six
affordable units are all
designated two-bedroom units
and therefore not equivalent to
the bedroom mix of the non-
affordable units.
The designated affordable units
shall comply with the applicable
provisions of the BMC as it
relates to bedroom mix and
distribution through the project
site. To be confirmed as part of
Building Plan Check and noted
ATTACHMENT 6 - 40
41 Development Standards,
except those which may be
modified as provided by this
Division.
as part of the required
Affordable Housing Agreement.
E.
1. Upon the request of the developer, the City shall permit a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 10-1-635 at the following ratios:
a. Zero to one (1) bedrooms: one (1) onsite parking space. b. Two (2) to three (3) bedrooms: two (2) onsite parking spaces. c. Four (4) and more bedrooms: two and one-half (2 1/2) parking spaces.
2. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section only, a housing development may provide “onsite parking” through tandem parking or uncovered parking, but not through on-street parking.
Consistent. This standard is
superseded by CA Gov’t Code
65913.4(d)(2) which states that
the local government shall not
impose parking requirements
for streamlined developments
approved pursuant to this
section that exceed one parking
space per unit. The Project
proposes 45 spaces for 40 units.
F. The Director is authorized
to execute the necessary
agreement which shall be
prepared by the City Attorney.
The agreement shall set forth
affordability restrictions and
granted a concession and
incentive once approved and
appealed, if applicable.
Consistent. The plan submittal
includes two incentive requests
and a waiver request in
exchange for providing six
affordable units (15% very-low
and 15% moderate income)
ATTACHMENT 6 - 41
42 10-1-640: Development
Standards Modified as
Incentive or Concession
A. Incentives or concessions
that may be requested pursuant
to Section 10-1-635 and
Section 10-1-637 may include
the following
1. A reduction of site Development Standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901. of Division 13 of the California Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:
a. Reduced minimum lot sizes and/or dimensions.
b. Reduced minimum lot setbacks.
c. Reduced minimum outdoor and/or private outdoor living area. d. Increased maximum lot coverage.
e. Increased maximum building height and/or stories. f. Reduced minimum building separation requirements. g. Reduced street standards, such as reduced minimum street widths.
2. Approval of mixed use zoning in conjunction with the Housing Development if non-residential land uses will reduce the cost of the Housing Development and if the City finds that the proposed non-residential uses are compatible with the Housing Development and with existing or Planned Development in the area where the proposed Housing Development will be located.
3. Deferred development impact fees (e.g., capital facilities, parkland in-lieu, park facilities, fire, or traffic impact fees).
4. Expedited processing of application.
Consistent. The Project
requests an incentive for
deferral of development impact
fees pursuant to BMC Section
10-1-640(A)(3), an incentive for
balcony encroachment into the
front yard pursuant to BMC
Section 10-1-1211. The request
for an incentive for balcony
encroachment into the front
yard is a reduction of site
development standards which
exceed the minimum building
standards.
ATTACHMENT 6 - 42
43 5. Incentives pursuant to an Inclusionary Housing Development Standard Ordinance in Title 10 including off-site construction of Affordable Units, provided that the necessary findings required under that Ordinance are made;
6. Other regulatory incentives or concessions proposed by the Developer or the City which result in identifiable, financially sufficient, and actual cost reductions.
B. Developers may seek a
waiver or modification of
Development Standards that
will have the effect of
precluding the construction of
a Housing Development
meeting the criteria of
Section 10-1-635 at the
densities or with the
concessions or incentives
permitted by this Division.
The Developer shall show that
the waiver or modification is
necessary to make the Housing
Development, with the
Affordable Units,
economically feasible.
Consistent. The Project
Applicant requests a waiver of
development standards for
height pursuant to BMC
Section 10-1-806(A). The
Project Applicant included a
letter providing justification for
this request pursuant to CA
Gov’t Code Section
65915(d)(1)(A).
C. The Director shall
establish implementing
procedures or regulations to
implement the provisions of
this part, including application
form requirements as well as
the processing requests for
certain concession and
incentives (“Implementing
Consistent. The Project
Applicant included a letter
providing justification for the
requested incentives and
waivers.
ATTACHMENT 6 - 43
44 Regulations”). The
Regulations, and any
substantive changes thereto,
shall be subject to approval by
the Council by resolution. The
Implementing Regulations
may provide more specific
detail regarding the Incentives
or Concessions that the City
may grant pursuant to this
Division. The Regulations
shall provide a tiered approval
process for the Incentives and
Concessions based upon the
level of review: administrative
approval by the Director,
approval by the Planning
Commission, or approval by
the City Council. The
Regulations shall establish
which Incentives or
Concessions require which tier
of approval. The City Clerk
shall maintain a copy of the
current Implementing
Regulations.
D. If the Director makes any
of the findings set forth in
Government Code
Section 65915(d)(1) or (e), the
written finding shall be
provided to developer who
may within 20 days of the
postmarked findings, appeal
the decision to the City
Council by providing a written
request to the Director.
Consistent. The findings made
by the Director will be included
in a letter to the Project
Applicant.
ATTACHMENT 6 - 44
45 10-1-641: Application
Requirements and Review
A. An application for a
Density Bonus, incentive,
concession, waiver,
modification, or revised
parking standard pursuant to
this Division shall be
submitted with the first
application for approval of a
Housing Development and
processed concurrently with
all other applications required
for the Housing Development.
To the extent feasible, a
developer may submit its
application for a Density
Bonus and Incentives or
Concessions with its
Inclusionary Housing Plan in
accordance with Division 14
of this Article in the event
Division 14 is applicable to
the Housing Development.
The application shall be
submitted on a form provided
by the City Planner and shall
include all information
required on the Implementing
Regulations. The
Development Review (“DR”)
Application shall be processed
together with the concession
and incentives and no DR
shall be final until such
concession and incentives
have been final. Appeal of
concession and incentives
Consistent. The Project
Applicant included a letter with
the Application that indicated
the request for Density Bonus
pursuant to CA Gov’t Code
Section 65915. The letter also
included a request for two
incentives and one waiver.
ATTACHMENT 6 - 45
46 shall comply with DR appeal
procedures.
B. An application for a
Density Bonus, Incentive or
Concession, waiver,
modification, or revised
parking standard pursuant to
this Division shall be
considered by and acted upon
by the approval body with
authority to approve the
Housing Development. Any
decision regarding a Density
Bonus, Incentive or
Concession, waiver,
modification, or revised
parking standard may be
appealed to the Planning
Commission and from the
Planning Commission to the
City Council.
C. Before approving an
application for a Density
Bonus, Incentive or
Concession, or other waiver,
or modification, the approval
body, whether the Director,
Planning Commission, or
Council, shall make the
following findings:
1. If the Density Bonus is based all or in part on donation of land, the findings included in Section 10-1-636.
2. If the Density Bonus, incentive, or concession is based all or in part on the inclusion of a Child Care Facility, the findings included in Section 10-1-637.
3. If the incentive or concession includes mixed use development, the finding included in Section 10-1-640.
4. If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the Housing Development with the Affordable Units economically feasible.
Consistent. The Project
Applicant submitted a letter
that provides a justification for
the requested incentives and
waiver is necessary to make the
Housing Development with the
Affordable Units economically
feasible.
ATTACHMENT 6 - 46
47 D. If a request for an
Incentive or Concession is
otherwise consistent with this
Division, the approval body
may deny a concession or
incentive if it makes a written
finding, based upon substantial
evidence, of either of the
following
1. The concession or incentive is not required to provide for Affordable Rents or affordable ownership costs.
2. The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
Not Applicable. Staff has found
no evidence in support of (D)(1)
or (D)(2)
E. If a request for a waiver
or modification other than
required Incentives or
Concessions is otherwise
consistent with this Division,
the approval body may deny a
concession or incentive only if
it makes a written finding,
based upon substantial
evidence, of one of the
following
1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
2. The additional waiver(s) or modification(s) would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
3. The additional waiver(s) or modification(s) do not preclude the use of the Density Bonus and granted Incentives or Concessions.
Not Applicable. Staff has found
no evidence in support of (E)(1)
or (E)(2) or (E)(3)
F. If a Density Bonus or
Incentive or Concession is
based on the provision of child
care facilities, the approval
Not Applicable. The Project
does not propose a child care
facility.
ATTACHMENT 6 - 47
48 body may deny the bonus or
concession if it finds, based on
substantial evidence, that the
City already has adequate
child care facilities.
10-1-642: Density Bonus
Housing Agreement
A. Developers requesting a
Density Bonus shall agree to
enter into a Density Bonus
Housing Agreement with the
City. A Density Bonus
Housing Agreement shall be
made a condition of the
discretionary planning permits
for all Housing Developments
pursuant to this Division and
shall be recorded as a
restriction on any parcels on
which the Affordable Units or
Density Bonus Units will be
constructed.
B. The Density Bonus
Housing Agreement shall be
recorded prior to final or
parcel map approval, or, where
the Housing Development
does not include a map, prior
to issuance of a building
permit for any structure in the
Housing Development. The
Density Bonus Housing
Agreement shall run with the
land and bind on all future
owners and successors in
interest.
ATTACHMENT 6 - 48
49 C. The Density Bonus
Housing Agreement shall
include but not be limited to
the following:
1. The total number of units approved for the Housing Development, the number, location, and level of affordability of Affordable Units, and the number of Density Bonus Units.
2. Standards for determining Affordable Rent or Affordable Ownership Cost for the Affordable Units.
3. The location, unit size in square feet, and number of bedrooms of Affordable Units.
4. Provisions to ensure affordability in accordance with Sections 10-1-639 of this Division.
5. A schedule for completion and occupancy of Affordable Units in relation to construction of Market Rate Units.
6. A description of any incentives, concessions, waivers, or reductions being provided by the City.
7. A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.
8. Procedures for qualifying tenants and prospective purchasers of Affordable Units.
9. Other provisions to ensure implementation and compliance with this Article.
D. In the case of for-sale
Housing Developments, the
Density Bonus Housing
Agreement shall include the
following conditions
governing the sale and use of
Affordable Units during the
1. Affordable Units shall be owner-occupied by eligible moderate income households.
2. The purchaser of each Affordable Unit shall execute an affordable housing agreement, inclusive of the promissory note and deed of trust described in Section 10-1-639 approved by the City and to be recorded against the parcel
ATTACHMENT 6 - 49
50 applicable use restriction
period:
including such provisions as the City may require to ensure continued compliance with this Division.
E. In the case of rental
Housing Developments, the
Density Bonus Housing
Agreement shall provide for
the following:
1. Procedures for establishing Affordable Rent, filling vacancies, and maintaining Affordable Units for eligible tenants;
2. Provisions requiring verification of household incomes.
3. Provisions requiring maintenance of records to demonstrate compliance with this subsection.
Not Applicable. The Project is a
for-sale housing development.
F. Density Bonus Housing
Agreements for child care
facilities and land dedication
shall ensure continued
compliance with all conditions
included in Section 10-1-
636 and 10-1-637,
respectively.
Not Applicable. The Project
does not propose a child care
facility BMC Section 10-1-637
nor does it propose land
dedication/donation pursuant to
BMC Section 10-1-636.
10-1-643: AUTOMATIC
INCORPORATION BY
REFERENCE OF FUTURE
AMENDMENTS TO THE
STATE DENSITY BONUS
LAW
This Division implements Chapter 4.3, Density Bonuses and other incentives, Government Code Sections 65915-65918. In the event these sections are amended, those amended provisions shall be incorporated into this Division.
Should any inconsistencies exist between the amended state law and the provisions set forth herein, the amended state law shall prevail. Until the Code is formally amended to eliminate any such inconsistencies, the City Planner shall maintain an explanation of all such amendments. A copy of that document shall further be available at the City Clerk’s Office.
Consistent.
The Project is applying for
Density Bonus under California
State Density Bonus Law which
supersedes any inconsistent
sections of the Burbank
Municipal Code.
10-1-644 PURPOSE OF
INCLUSIONARY
ORDINANCE
10-1-645 APPLICABILITY
ATTACHMENT 6 - 50
51 10-1-646: INCLUSIONARY
UNIT REQUIREMENT
A. Calculation
At least 15 percent of
all newly constructed
dwelling units in
Residential
Developments shall be
developed, offered to
and sold or rented to
Very Low, Low and
Moderate Income
Households, at an
Affordable Rent or
Affordable Ownership
Housing Cost, as
follows:
1. For-sale projects - All Inclusionary Units 15 percent of the total Residential Development) shall be sold to Low and/or Moderate Income Households.
2. Rental projects - A minimum of five percent of units in the total Residential Development shall be Very Low Income; the remaining ten percent of the units shall be Low Income.
Consistent.
The Project is meeting the
requirements of the City’s
Inclusionary Housing
Regulations by providing the
proposed affordable units as
follows: 15% very low income
units and 15% moderate
income units. The proposed
number and level of
affordability exceeds the
minimum required 15% low
income units in the City’s
regulations.
ARTICLE 11. GENERAL
PROPERTY
DEVELOPMENT
REGULATIONS
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1101: COMPLIANCE No lot or structure shall be created, erected, altered, or maintained contrary to the provisions of this chapter.
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1102: ERECTION OF
MORE THAN ONE
STRUCTURE ON A
RESIDENTIAL LOT
The requirement is “Not more than one (1) main structure occupied or intended to be occupied for a permitted or permissible use may be erected on a single residential lot, unless yard and other requirements of this chapter are met for each structure as though it were on an individual lot.”
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
ATTACHMENT 6 - 51
52 10-1-1103: LOT TO HAVE
FRONTAGE
The requirement is “Every building shall be on a lot which has frontage of at least 20 feet on a public or private street.”
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1104: FRONTAGE ON
ALLEYS
The requirement is “Alleys shall not be considered public streets for street frontage requirements of this chapter.”
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1105: HAZARDOUS
AREAS
The requirement is “The Public Works Director may require a fence or wall not less than six (6) feet in height along the perimeter of any area which they consider dangerous because of conditions or physical hazards on the property, such as frequent inundation, erosion, excavation, or grade differential.”
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1106: USES IN
COMPLETELY
ENCLOSED BUILDINGS
The requirement is “When a use is required to be conducted in a completely enclosed building there shall be no openings on any side that faces residentially zoned property except as otherwise allowed by this section. Stationary windows not capable of being opened are not considered openings within the meaning of this section. Openings for the ingress or egress of persons or vehicles shall be permitted on a side that faces residentially zoned property upon the condition and requirement that said openings shall not be allowed to remain open except during the passage of persons or vehicles through such openings. As used in this section, the side of an enclosed building faces residentially zoned property if any point on the outer surface of the subject side of said enclosed building is within 150 feet of any point on the property line of said residentially zoned property as measured along any line within the horizontal scope of 45 degrees and 135 degrees from such point upon the surface of the subject side of said enclosed building.”
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1108: OPEN
STORAGE AREAS MUST
BE ENCLOSED
Open storage areas in commercial and industrial zones shall have an opaque masonry wall surrounding the storage area at least six (6) feet in height and in good repair, except where the storage area is bounded by a building. The stored material shall be kept below the horizontal plane of the top of the wall. The provisions of this section shall not apply to the open display of merchandise for sale in connection with a use permitted in the zone.
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
ATTACHMENT 6 - 52
53 10-1-1109: JUNK YARDS
MUST BE FENCED
The requirement is “Junk yards shall have an opaque masonry wall entirely surrounding the property, at least eight (8) feet in height and in good repair. The height of the junk, wrecked automobiles, airplanes, or other machinery shall be kept below the horizontal plane of the top of the wall.”
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1110: ACCESSORY
BUILDINGS CONVERTED
TO LIVING QUARTERS
The requirement is “No person shall erect, construct, place or maintain any roof or shade structure over a mobile home located within a mobile home park.”
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1114: ART IN PUBLIC
PLACES
Refer to Zoning Code BMC Sections 10-1-1114 (A-L) The Project may be exempt if the building valuation is $1.5
million or less pursuant to 10-1-
1114(K)(5),
10-1-1115: ARCADE
DEVELOPMENT
REGULATIONS
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1116: ALCOHOLIC
BEVERAGES - ON-
PREMISES AND OFF-
PREMISES;
CONDITIONAL USE
PERMIT REQUIRED
Not Applicable pursuant to
BMC Code Sections 10-1-
622(A)(2) and 10-1-806(G)(2).
10-1-1117: BILLIARD
PARLOR DEVELOPMENT
STANDARDS
N/A
10-1-1118: WIRELESS
TELECOMMUNICATIONS
FACILITIES.
REGULATIONS AND
DEVELOPMENT
STANDARDS
N/A
10-1-1120: ADULT
BUSINESSES:
REGULATIONS AND
DEVELOPMENT
STANDARDS
N/A
ATTACHMENT 6 - 53
54 10-1-1121: SHOPPING
CART CONTAINMENT
N/A
10-1-1122: EMERGENCY
SHELTER
DEVELOPMENT
STANDARDS
N/A
10-1-1123: TEMPORARY
AID CENTER
DEVELOPMENT
STANDARDS
N/A
ARTICLE 13. GENERAL
HEIGHT STANDARDS
DIVISION 1. HEIGHTS
FOR BUILDINGS, WALLS
AND FENCES
10-1-1301: EXCEPTIONS
TO BUILDING HEIGHT
LIMITS
“This Section applies to all zones except the R-1 and R-1-H zones. Height limits for the R-1 and R-1-H zones are specified in Section 10-1-603. Except as otherwise provided, skylights, fire and parapet walls, chimneys, ventilating fans, antennas (except personal wireless telecommunication facilities), tanks, flagpoles, penthouses or roof structures for housing elevators, lofts, stairways, air conditioning or similar equipment, and other appurtenances usually required to be placed above a building to operate and maintain it may be erected up to 15 feet above the height limits prescribed in this chapter, but no penthouse or roof structure shall be allowed for the purpose of providing additional floor area. A Conditional Use Permit is required if the appurtenance exceeds the height limit by more than 15 feet. Rooftop mechanical, storage and building circulation facilities are excluded from height limits, provided that these facilities do not occupy more than one-third (1/3) the area of the roof, are located in the interior of the roof area, and are screened so as to minimize pedestrian level view from public streets or from any neighboring residential uses. A Conditional Use Permit is required if the appurtenance is more than one-third (1/3) the area of the roof.
Appurtenances do not include roof forms and architectural features which are not required to operate or maintain a building, such as ornamental towers, spires, steeples, belfries and cupolas.”
Not Applicable. The Project is
approximately 75 feet from the
closest R-1-H lot line across
Mariposa Street. Therefore the
maximum h eight permitted
pursuant to BMC 10-1-624(D) is
40 feet. The proposed maximum
height for the project is 63.7 feet
and is permitted pursuant to the
Project Applicant’s request of a
waiver from the height
requirements in BMC Section
10-1-624, Subsection D (Height)
items 1 through 10), pursuant to
State Density Bonus Law (CA
Govt. Code Section 65915).
ATTACHMENT 6 - 54
55 10-1-1303: CORNER
CUTOFF
The requirement is “No structure, object, or feature, including but not limited to fences, walls, and hedges, may be erected or maintained in any zone below a height of ten (10) feet and above a height of three (3) feet above the finished ground surface within a corner cutoff area. The corner cutoff area is defined by a horizontal plane making an angle of 45 degrees with the front, side, or rear property lines as the case may be, and passing through points as follows:
A. STREETS.
At intersecting streets, ten (10) feet from the intersection at the corner of a front or side property line.
B. ALLEYS.
At the intersection of an alley with a street or another alley, ten (10) feet from the edges of the alley where it intersects the street or alley right-of-way.
C. DRIVEWAYS.
At the intersection of a driveway with a street or alley, five (5) feet from the edges of the driveway where it intersects the street or alley right-of-way.
Not Applicable
10-1-1304.5 NOTICE OF
BUILDING HEIGHT
Whenever notice is required in accordance with this Chapter such that the height of a building is identified, the actual height shall be indicated by adding and identifying the following: 1) building height; 2) any additional height for roof and architectural features (if any); and 3) any additional height exception pursuant to Section 10-1-1301 (if any).
Not Applicable
DIVISION 2. HEIGHTS
SURROUNDING BOB
HOPE AIRPORT
Not Applicable
10-1-1305 through 10-1-1309 N/A
ATTACHMENT 6 - 55
56 ARTICLE 14. GENERAL
OFF-STREET PARKING
STANDARDS
DIVISION 1. GENERAL
PROVISIONS
10-1-1401: PARKING
SPACE DIMENSIONS
Residential Use: 8’-6” minimum width
Retail and Services Commercial: 9’-0” minimum width
The minimum width of parking spaces adjacent to walls, columns, or other vertical obstructions shall be determined by standards established by the Public Works Director.
PARKING BAY WIDTHS FOR TW0-WAY TRAFFIC AND DOUBLE LOADED AISLES
Minimum Stall Length = 18'-0”
8’-6” width (90 degree angled parking): 63' - 4"
9’-0” width (90-degree angled parking): 61' - 4"
Consistent. The Project
proposes 45 parking spaces and
all parking spaces meet the
minimum required dimension.
10-1-1403: INGRESS AND
EGRESS; BACKING INTO
HIGHWAY
Off-street parking shall be easily accessible from and to a street or other dedicated public right-of-way. The parking shall be so arranged that it shall not be necessary to back into a major or secondary highway to exit from the parking area.
Consistent. Off-street parking is
proposed in a n on -site parking
garage. There are n o major or
secondary highways in the
vicinity of the Project site.
10-1-1404: TANDEM
PARKING
10-1-1404(6) – Multifamily
Residential
Tandem parking is permitted in multiple family residential zones only as permitted in Section 10-1-628(I).
Consistent. The Project
proposes 45 parking spaces and
all parking spaces meet the
minimum required dimension.
The Project meets subsection 4
by providing 4 tandem parking
ATTACHMENT 6 - 56
57 spaces (8 total spaces) for 4
units and 37 parking spaces for
the remaining 36 units.
10-1-1405: PARKING OR
STORING AIRPLANES,
BOATS, VEHICLES, ETC.
WITHIN CERTAIN
YARDS IN RESIDENTIAL
ZONES
No airplane, boat, house car, mobile home, motor vehicle, trailer, or part of such vehicle, shall be parked or stored in the front yard of any lot in a residential zone, or the side yard facing a street on a corner or reverse corner lot in a residential zone, except that:
1. Passenger vehicles as defined in the State Vehicle Code, excluding house cars;
2. House cars not exceeding 22 feet in length;
3. Pickup trucks not used for commercial purposes; and
4. Motor trucks while on business calls; may be parked on permanently constructed driveways within such front or side yards, if currently licensed by the State Department of Motor Vehicles and capable of movement under their own power or temporarily disabled for not to exceed 72 hours while so disabled. This section shall not apply to vehicles parked on publicly owned or operated property.
Not Applicable. The Project is
not located in a residential zone.
10-1-1405.5: BICYCLE
PARKING SPACES
A. Definition A BICYCLE PARKING SPACE shall be defined as the space for one (1) bicycle in a bicycle rack which is affixed to a permanent surface.
The Project proposes 16 bicycle
spaces.
B. Installation and
Maintenance Requirements
Bicycle parking facilities shall be installed in a manner which allows adequate space for access when the facilities are occupied, and shall be located so as to minimize the blocking of any public sidewalks or right-of-way. An encroachment permit from the Public Works Department is required for any encroachment into the public right-of-way.
Bicycle parking facilities shall be located on a hard paved surface and shall be painted with a protective coating to prevent rusting and shall be well maintained.
Consistent. Sheet 9 depicts the
bicycle parking facilities located
within the proposed parking
garage. There are no bi cycle
facilities proposed outside of the
building.
ATTACHMENT 6 - 57
58 C. Bicycle Parking for
Arcades/Billiard/Parlors
For all arcades and billiard parlors, one (1) bicycle space shall be provided for each 150 square feet of adjusted gross floor area.
Not Applicable.
10-1-1406: SITE PLAN “A site plan containing a detailed parking arrangement accurately dimensioned, showing individual parking spaces, aisles and driveways indicating adequate ingress and egress, as well as location, size, shape, design, curb cuts, lighting, landscaping, and other features and appurtenances of the proposed parking, as provided in Article 19, Division 2 of this chapter, shall be submitted to the Building Director when application is made for a building permit requiring compliance with this article. The site plan shall be referred to the Building Director for approval.”
Not Consistent.
The Project provided a site plan
containing a detailed parking
arrangement accurately
dimensioned, showing
individual parking spaces, aisles
and driveways indicating
adequate ingress and egress, as
well as location, size, shape,
design, curb cuts, landscaping,
and other features and
appurtenances of the proposed
parking.
The site plan did not indicate
lighting.
10-1-1407: USE OF
VACANT LOTS IN
RESIDENTIAL AND
COMMERCIAL ZONES
FOR PARKING
VEHICLES
Not Applicable.
10-1-1407.01: USE OF
PARKING AREAS FOR
STORAGE
“All required parking shall be used solely as customer and employee parking of motorized vehicles. No required parking shall be used for the temporary or permanent storage of any other motor vehicles, or any products or materials for production, repair, sale or lease.”
Not Applicable.
10-1-1407.1: CENTRAL
BUSINESS DISTRICT
DOWNTOWN PARKING
AREA
All required parking shall be used solely as customer and employee parking of motorized vehicles. No required parking shall be used for the temporary or permanent storage of any other motor vehicles, or any products or materials for production, repair, sale or lease.
Not Applicable.
ATTACHMENT 6 - 58
59 DIVISION 2. PARKING
REQUIREMENTS
10-1-1408: SPACES
REQUIRED
The requirement is “Residential Uses: As provided for each residential zone in Article 6 of this chapter.
Consistent. This section is
superseded by CA Gov’t Code
Section 65913.4(d)(2)
10-1-1409: WAIVER
WITHIN A PARKING
DISTRICT
Except for buildings or parts of buildings designed, intended to be used, used or occupied for residential use, all or a portion of the required off-street parking may be waived by the Planning Commission when the property for which the parking is required is located within the boundaries of an assessment district for the acquisition of publicly owned automobile parking if either:
1. The Planning Commission finds that there are sufficient publicly owned automobile parking spaces in the vicinity to justify the waiver without detriment to the public health, welfare and safety; or
2. The owner or occupant of the property on which the waiver is to be applied pays to the City an amount equal to the fair market value of the waived parking space, the area of which shall be determined by the number of required spaces times 300 square feet, and the cost of converting such space into a parking lot, as estimated by the Public Works Director.
Before granting a waiver, the Planning Commission shall report its proposed action to the Council for approval. If the Council disapproves, the waiver shall not be granted.
Not Applicable.
10-1-1410: WAIVER AS TO
EXISTING USES
Not Applicable
10-1-1411: MUST SERVE
ONE USE; EXCEPTIONS
The requirement is “Off-street parking for one use shall not be considered as providing required off-street parking for any other use, except as expressly authorized by this article.”
Consistent. There is only one use
proposed for this site.
10-1-1412: Location of
Parking Areas
ATTACHMENT 6 - 59
60 A. DWELLINGS.
For single or multiple family
dwellings, off-street parking
shall be located on the same
lot or building site as the
building is required to serve.
Consistent. Required parking is
provided in the proposed
parking garage on site.
10-1-1413:
MEASUREMENT OF
DISTANCES
The requirement is “The distance of off-street parking from the building it is required to serve shall be based upon the shortest walking distances from the nearest point of the off-street parking to the nearest point of the building or use served.”
Consistent. The parking garage
is located underneath the multi-
family residential building.
10-1-1414: OFF-SITE
PARKING AGREEMENT
FOR NON-SHARED AND
EXCLUSIVE PARKING
Not Applicable.
10-1-1415: SHARED
PARKING AGREEMENT –
ON OR OFF-SITE
Not Applicable.
10-1-1416:
APPLICABILITY OF
PARKING AREA
REQUIREMENTS
The requirement is “The requirements of Sections 10-1-1417, 10-1-1421, and 10- 1-1422 apply to all parking areas located in all zones. The requirements of Sections 10-1-1417.1 through 10-1-1420 inclusive apply to all parking areas located in 1) all non-residential zones and 2) in residential zones which provide parking for uses located in a non-residential zone.”
DIVISION 4.
IMPROVEMENT OF
PARKING AREAS
10-1-1417: PARKING LOT
DESIGN STANDARDS
ATTACHMENT 6 - 60
61 A. All off-street parking
areas and accessways shall be
graded, paved, and marked as
follows
1. All paved areas used for parking, loading, or vehicle circulation shall be designed consistent with accepted engineering principles for the largest type of anticipated vehicle loading in order to minimize future maintenance and safety hazards.
2. Surfaces shall be paved with concrete or suitable asphaltic surfacing to prevent the emanation of dust.
3. Surfaces shall be graded and drained in accordance with standards prescribed by the Public Works Director.
4. Parking spaces and access lanes shall be clearly marked including the use of directional arrows when necessary to guide internal movements.
Consistent.
B. The Public Works
Director, Community
Development Director, and/or
the Planning Commission may
place special requirements on
an individual site to reduce or
increase the number, width,
and location of driveways in
order to reduce traffic hazards,
decrease paved area, or
mitigate on-street parking
problems. The Public Works
Director, Community
Development Director, and/or
the Planning Commission may
require that access, either
primary or secondary, take
advantage of existing public
alleys.
Not Applicable.
C. Parking and directional
signs shall be provided in
accordance with the Burbank
ATTACHMENT 6 - 61
62 Municipal Code or when
required by the Public Works
Director.
D. Barriers shall be provided
as follows:
1. Safety barriers, protective bumpers, or curbing and directional markers shall be provided to ensure pedestrian and vehicular safety and efficient utilization and protection of landscaping, and to prevent encroachment onto adjoining public or private property.
2. Concrete curbs at least six inches high shall be installed to serve as wheelstops for cars next to streets, sidewalks, buildings, or other structures, and as protective edging for planting areas.
Consistent.
(D)(1) – Conditions of
Approval will be added to
ensure compliance with these
standards.
(D)(2) - Sheet 9 depicts wheel
stops in each parking space.
E. All open space areas
designed for active or passive
recreation purposes shall be
physically separated from
parking areas and driveways in
a fashion necessary to protect
the safety of all pedestrians.
Consistent. The Parking area is
completely enclosed underneath
the building. The open space
areas are located on the
building podium and in the rear
of the site.
F. Visibility of pedestrians,
bicyclists, and motorists shall
be ensured when entering
individual parking spaces,
when circulating within a
parking facility, and when
entering and exiting a parking
facility.
Consistent. The parking garage
is designed with accepted
engineering principles. The
parking garage includes 24’ –
27.5’ wide drive aisles to allow
safe circulation within the
parking area.
Conditions of Approval will be
added to ensure compliance
with these standards.
G. Internal circulation
patterns and the location and
traffic direction of all access
drives shall be designed and
maintained in accordance with
accepted principles of traffic
Consistent. The parking garage
is designed with accepted
engineering principles. The
parking garage includes 24’ –
27.5’ wide drive aisles to allow
ATTACHMENT 6 - 62
63 engineering and traffic safety.
All vehicle movements
involved in loading, parking,
or turning around shall occur
on-site.
safe circulation within the
parking area.
Conditions of Approval will be
added to ensure compliance
with these standards.
H. All parking lots shall be
maintained as follows:
1. All paved areas shall be maintained in the manner required to eliminate safety hazards, standing water, weeds, inefficient drainage patterns, and deterioration of sub-base materials. Paved areas shall be impervious to water and shall be maintained in a sanitary condition free from refuse and debris.
2. All trees and landscape areas shall be maintained as per Section 10-1-1418:E.
3. All property owners shall perform such maintenance as required by the Community Development Director within 45 days following written notification of any pavement, landscaping, or irrigation maintenance deficiencies pursuant to this section and within seven days following written notification of unsanitary or unsafe conditions.
Consistent.
10-1-1417.1: SETBACKS
AND WALLS
A. Parking areas, trash
enclosures, and utility cabinets
or equipment shall be fully
screened from public view
through the use of berming,
landscape materials, walls,
buildings, lowering the
elevation of parking areas
below street grade, or a
combination thereof. All walls
to be used for screening
purposes shall be of solid
masonry construction and
ornamental in texture, pattern,
or shadow relief and shall be
Consistent. The parking areas,
trash enclosures, and utility
cabinets are completely
screened from public view. The
parking area and trash
enclosure are located
underneath the building and
the transformer and switch pad
area, located at the southwest
corner of the site, is screened
from view by a 7-foot-tall CMU
wall.
ATTACHMENT 6 - 63
64 used in conjunction with
foreground landscaping.
B. Surface parking lots shall
have four foot minimum front
yard and street side yard
landscaped setbacks. A three
foot high masonry wall, or
other such protective barrier as
may be approved by the
Community Development
Director, shall be constructed
along the street frontage of a
parking lot, except at
accessways, to insure against
unchanneled motor vehicle
ingress or egress. If a wall is
used as a protective device, the
required landscaping must be
located between the wall and
the street property line.
C. All walls and landscaping
materials shall comply with
the corner cutoff requirements
in Section 10-1-1303.
10-1-1417.2: PARKING
LOTS ABUTTING AND
ADJACENT TO
RESIDENTIAL ZONES
N/A
10-1-1418: LANDSCAPING
A. All interior areas not used
for parking spaces or driving
aisles in a parking lot shall be
landscaped. The following
areas are exempt from this
section:
1. Residential parking areas in R-1 and R-2 zones,
2. Parking structures, carports, and enclosed parking spaces,
3. Truck loading areas in front of overhead doors,
The Project is exempt from this
standard because all proposed
parking is located within a
parking structure.
ATTACHMENT 6 - 64
65 4. Truck maneuvering and parking areas unconnected to, and exclusive of, any vehicle parking,
5. Surfaced areas not to be used for vehicle parking, driving, or maneuvering, provided they are made inaccessible to vehicles by a barrier such as bollards of fencing.
6. Vehicle display, sales, service, and storage areas.
B. Landscaping and shading
plans shall be prepared by a
licensed landscape architect
and shall be done to the
satisfaction of the Director.
The licensed landscape
architect shall certify that the
plans comply with the
requirements of this Section as
well as the provisions of AB
1881, the Model Water
Efficient Landscaping
Ordinance. The Director may
prepare guidelines to assist
applicants in drafting
landscaping plans.
1. Minimum Landscape Areas. A minimum of ten percent of the open parking and driveway areas shall be landscaped, exclusive of required front and exposed side yard setbacks.
a. All interior parking lot landscaping, exclusive of required front and exposed side yard setbacks, shall be located within a planter bounded by a concrete curb at least six inches high. No planter shall have a minimum dimension of less than six feet by six feet, or if no tree is located in the planter, four feet by four feet, excluding curbing.
Each planter shall include a permanent automatic irrigation system appropriate for the type of landscaping installed. Each planting area shall be of adequate size for the landscaping provided. b. Trees, shrubs, and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area and shall be designed so as not to block the view of motorists and pedestrians. All shrubs and groundcover shall be a minimum five gallon size.
c. Groundcover or shrubs may not exceed three feet in height above the parking lot surface.
d. No one species shall comprise more than 75 percent of the planting within each of the following categories: trees, shrubs, and groundcover.
Not Applicable.
ATTACHMENT 6 - 65
66 e. Not more than 25% of the plant or planter or landscaped area may be covered with non-plant surfaces such as gravel, landscaping rock, artificial turf or concrete.
f. All landscaped areas shall be designed so that plant materials are protected from vehicle damage or encroachment.
C. Tree Shading
Requirements
1. Trees shall be planted and maintained throughout the parking lot to ensure that, within 15 years after establishment of the parking lot, at least 50 percent of the parking lot will be shaded.
a. The shade trees shall be a species that will provide a canopy-style effect.
b. Shade trees shall be a minimum 36-inch box size at planting. If a minimum 36-inch box size is determined to be technologically infeasible or impractical, the 36-inch box size may be substituted with two, 24-inch box sized trees at the discretion of the Director.
2. Upon completion of the installation of the shade trees, a licensed landscape architect shall certify that the shading complies with all requirements of this section. Certification shall be accomplished in a manner to be determined by the Director.
3. Tree species appropriate for providing shade in parking lots shall be selected from “Street Trees Recommended for Southern California” as published by Street Tree Seminar, Inc. unless an applicant can demonstrate that it is technologically infeasible, impractical or inconsistent with the landscape design of the proposed parking lot to select such tree.
Not Applicable.
D. Tree Shading Calculation 1. Landscape and shading plans shall show the estimated tree canopies after 15 years of growth, the specific names, sizes and locations of trees to be planted, and Not Applicable.
ATTACHMENT 6 - 66
67 the total area in square feet of the area shaded by tree canopies. In determining the area shaded, the following methodology shall be used:
a. Shading shall be calculated using the expected diameter of the tree canopy at 15 years. The Director may establish assumed expected canopy diameters.
b. Shaded area on the pavement shall be measured assuming that the shaded area is only that area directly under the tree canopy or dripline.
Diagram 10-1-1418(A) illustrates the manner in which shade is credited under various conditions.
c. The shading plans shall include a shade calculation table identifying the quantity and type of trees used and the percentage of shade credited to each. Diagram 10-1-1418 (B) illustrates the format of the shade calculation table.
d. Landscape planters under the canopy may be counted as shaded area, except in required setback areas.
2. The Director shall have the discretion to modify tree shading requirements under power lines and other obstructions which prohibit strict compliance with shading requirements, and to give shading credit for photovoltaic arrays, off-site trees and structures, canopies, and other structures, where appropriate.
E. Maintenance 1. The maintenance obligations provided herein shall apply to all parking facilities, whether approved prior to or after the effective date of these requirements.
2. All trees and landscape areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
3. All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects, and diseases.
Not Applicable.
ATTACHMENT 6 - 67
68 4. Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to safety, drainage, or appearance.
5. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning conducted as part of regular maintenance.
6. Trees may not be trimmed or pruned to reduce the natural height, canopy size, or overall crown of the tree, except as necessary for health of the tree and public safety. All tree care shall comply with the current appropriate International Society of Arboriculture and American National Standards Institute standards.
7. Any required tree or other plants that die or are improperly maintained shall be replaced with healthy specimens of similar species or size, provided that the replacement trees shall be a minimum of 36-inch box size and shall not be required to exceed 48-inch box size.
8. Removal and replacement of trees that have caused damage to City sidewalks or other City infrastructure shall be reviewed and approved by the appropriate City Department.
10-1-1419: PARKING
STRUCTURES
Consistent.
10-1-1420: LIGHTING The requirement is “All off-street parking areas shall be provided with lighting as follows:
1. Lights conforming to standards prescribed by the Public Works Director shall be installed in all nighttime parking lots used for public parking or for commercial purposes.
2. All lighting shall be arranged to prevent glare or direct illumination on adjoining properties and streets.”
Not Consistent. A lighting plan
was not provided with this
submittal and staff is unable to
determine compliance with
these standards.
10-1-1421: MAINTENANCE All off-street parking areas shall be maintained in good condition. A Condition of approval will be added to ensure compliance
with this standard.
ATTACHMENT 6 - 68
69 10-1-1422:
PREREQUISITES TO
IMPROVEMENT AND USE
ARTICLE 16. GENERAL
VEHICULAR ACCESS
STANDARDS
10-1-1601: ACCESS TO
STREET
The requirement is “Every lot shall be provided with permanent vehicular access to a street or an alley upon which it abuts.”
Consistent. The Project
proposed one vehicular access
driveway along Mariposa
Street.
10-1-1602: CURB CUTS The requirement is “No vehicular access way shall be located nearer than 30 feet to the ultimate curb lines of an intersecting street, nor be provided with a curb cut of more than 18 feet in residential zones and 30 feet in other zones. The Public Works Director may permit a curb cut of not more than 38 feet in nonresidential zones if the adjacent parking area is provided with an internal circulation pattern requiring two (2)-way vehicular movement in the driveway. Curb cuts on the same lot shall be separated by at least 20 feet of uncut curb. In residential zones, each lot is limited to one curb cut for each 100 feet of street frontage along any one street except that lots with less than 100 feet of street frontage may provide one curb cut. Minor deviations from the foregoing standards may be authorized by the Public Works Director to accommodate the safe ingress and egress of vehicles.”
Consistent. Project plans
indicate that the vehicular
access way is located more than
30 feet away from Valleyheart
Drive. The Project is located in
the M-1 Zone and the proposed
curb cut is 20’ wide.
10-1-1603: DRIVEWAY
WIDTH
The requirement is “Every driveway shall be at least 10 feet wide, and a maximum as approved by the Director.”
Consistent. The proposed
driveway is 20’ wide.
10-1-1604: DRIVEWAY
SLOPES
The requirement is “The slope of a driveway or driveway ramp shall not exceed a grade of 20 percent. A grade transition shall be provided at each end of a driveway or driveway ramp in accordance with standards prescribed by the Public Works Director.”
Consistent. The plan submittal
indicates the driveway slope is
20% which is the maximum
permitted.
10-1-1605: PROTECTIVE
BARRIER IN
The requirement is “Where a vehicular access is provided to a street in a nonresidential zone, a barrier consisting of a three (3) foot high masonry wall, or Addressed by the Applicant
ATTACHMENT 6 - 69
70 NONRESIDENTIAL
ZONES
such other protective barrier as may be approved by the Director, shall be constructed along the remaining street frontage of the lot to prevent unchanneled motor vehicle ingress or egress to the property. In commercial zones, the protective barrier shall also have the same aesthetic screening effect as a block wall, as approved by the Director.”
10-1-1606: TURN AROUND
AREAS
The requirement is “A 24 foot turning radius shall be provided for access to driveways and right-angle parking stalls.”
Consistent. Sheet 6 depicts the
24-foot turning radiu s for safe
access to right angle parking
stalls and the driveway.
10-1-1607: APPROVAL BY
PUBLIC WORKS
DIRECTOR
The requirement is “All vehicular accessways to the street must be approved by the Public Works Director.”
10-1-1608: DRIVE-
THROUGH
RESTAURANTS
10-1-1609:
RESIDENTIALLY
ADJACENT DRIVE-
THROUGH
ESTABLISHMENTS
Not Applicable
Article 17. PROTECTION
AGAINST NUISANCES
10-1-1701-1707
Conditions of Approval will be
added to ensure compliance
with these standards.
BURBANK GENERAL
PLAN 2035
Policy 1.8 Ensure that development in Burbank is consistent with the land use designations presented in the Land Use Plan and shown on the Land Use Diagram, including individual policies applicable to each land use designation.
Consistent.
ATTACHMENT 6 - 70
71 Policy 2.3 Require that new development pay its fair share for infrastructure improvements.
Ensure that needed infrastructure and services are available prior to or at project completion.
The Project provides adequate
open space and amenities in
residential projects that
encourage residents to gather
and that supplement public
open spaces.
Conditions of Approval will be
added to ensure compliance
with these standards.
Policy 2.5 Require the use of sustainable construction practices, building infrastructure, and materials in new construction and substantial remodels of existing buildings.
Conditions of Approval will be
added to ensure compliance
with these standards.
Policy 4.6 Provide adequate open space and amenities in residential projects that encourage residents to gather and that supplement public open spaces.
Consistent.
The project provides open
space and amenities. The
common open space and
amenities provided is located in
the interior and the rear of the
site.
MOBILITY ELEMENT
CHAPTER –
TABLE M-2, SIDEWALK
STANDARD, RANCHO
COMMERCIAL
Standard Sidewalk Width – 15 feet (10 feet minimum)
City of Burbank Complete
Streets Objective
Development Standards
(CSODS)
Section 3.2 Curb Ramps Install pedestrian ramp at curb between driveway and southern property line across from SW corer of Mariposa and valley Heart. This is referenced in City of Burbank CSODS section 3.2 adopted June 27, 2023. Curb at driveway shall be Type 2 per Burbank Standard Plan BS-103.
Consistent.
ATTACHMENT 6 - 71
72 Section 4.1.2 Types of
Bicycle Racks
All bicycle racks shall be painted (powder coated) with a protective coating to prevent normal wear and tear. Bicycle racks that support the bicycle solely by the wheel or by one point on the bicycle frame are not permitted.
All racks shall support the bicycle in a stable position and allow cyclists to secure their frame at two points
Section 5.1 Horses Off-
Street, On a Barrier
Separated Bridle Path
Standards
Points where equestrian path crosses the driveway and pedestrian access paths shall have a surface of concrete with stiffbroom finish
The equestrian path shall be separated from the Pedestrian Zone of the Sidewalk area by a 4-foot lodgepole fence
BURBANK GREENHOUSE
GAS REDUCTION PLAN
(GGRP) UPDATE
(ADOPTED BY CITY
COUNCIL ON MAY 3, 2022)
ATTACHMENT 6 - 72
ATTACHMENT B
ATTACHMENT 6 - 73
ATTACHMENT B
ATTACHMENT 6 - 74
ATTACHMENT B
ATTACHMENT 6 - 75
ATTACHMENT B
ATTACHMENT 6 - 76
ATTACHMENT B
ATTACHMENT 6 - 77
ATTACHMENT B
ATTACHMENT 6 - 78
ATTACHMENT B
ATTACHMENT 6 - 79
ATTACHMENT B
ATTACHMENT 6 - 80
DATE: May 24, 2024
TO: Joseph Onyebuchi, Associate Planner
FROM: Chris Buonomo, Senior Transportation Planner
SUBJECT: Project No. 24-0002257 and Project No. 23-0006715 – APN: 2443-004-017 (910 S. Mariposa St.)
The Transportation Division, Community Development Department has reviewed the plans for 910 South Mariposa Street and has the following comments:
Project Description
An SB 35 Project – Formal Application was submitted on Friday, May 10, 2024. The Project includes new construction of one five-story residential structure, containing a total of 40 condominium units ranging from 1,233 to 2,100 square feet in size and a total of 47 subterranean parking spaces. The project proposes 35 two- bedroom units, 5 three - bedroom units and approximately 22,884 square feet of combined common and private open space. The site will be accessed from a two- way driveway from South Mariposa Street. This application proposes to amend the 30-unit, five-story multifamily Project that was submitted as part of the Notice of Intent application on December 26, 2023.
The Project proposes to utilize AB 1287 (Government Code Section 65915(v)) that allows a 100% density bonus for projects that include 15% “Very -Low” Income units and 15% “Moderate” Income units. The Project proposes three “Very-Low” Income units and three “Moderate” Income units and therefore proposes a total of 40 residential units.
EXISTING STRUCTURES ON SITE: The site is a flat lot within an urban infill area. The site is currently being used for a commercial horse boarding operation, and the only building on the site is a 240 square foot shack at the front of the property, which is used for office. All structures on the site are proposed to be demolished.
CURRENT Zoning: M-1 (Limited Industrial)
General Plan: Rancho Commercial
PROPOSED Zoning: No Change
General Plan: No Change
ATTACHMENT B
ATTACHMENT 6 - 81
2 Traffic Study Requirement
If a proposed project is determined to quality for the SB 35 streamlined ministerial approval process, the project qualifies for a statutory exemption from the requirements of the California Environmental Quality Act (CEQA), including a traffic study.
For this Project, a traffic study will not be required.
Sidewalk Standards / Requirement
The Community Development Department Transportation Division has the following comments related to sidewalks:
Install pedestrian ramp at the curb between driveway and southern property line across from SW corner of Mariposa and Valley Heart. Design per Caltrans Standard Plans A88A
Case F to connect project pedestrian path of travel to contiguous public sidewalk.
This is referenced in City of Burbank Complete Streets Objective Development Standards (CSODS) section 3.2, adopted June 27, 2023. C urb at driveway shall be Type 2 per Burbank Standard Plan BS-103
.
Bicycle Parking Requirement
Illustrate the type of bicycle racks to be utilized, in accordance with the approved bicycle rack types in CSODS section 4.1.2.
Equestrian Path Requirement
Points where equestrian path crosses the driveway and pedestrian access paths shall have a surface of concrete with stiffbroom finish, per CSODS section 5.1.
The equestrian path shall be separated from the Pedestrian Zone of the Sidewalk area by a 4-foot lodgepole fence, per CSODS section 5.1. The current plans show it as 3 feet high.
These are preliminary comments based on the review of the currently submitted project description and site plan. These comments may be subject to change if the project description and/or site plan are to change . Please feel free to direct all questions regarding the requirements listed above to the Transportation Division by email at [email protected]
.
ATTACHMENT B
ATTACHMENT 6 - 82
1 Memorandum
TO: Joseph Onyebuchi
FROM:
Dave Burke, Fire Marshal
By: Daniel King
DATE: 6/13/2024
RE:
910 S. Mariposa St. Project No. 23-0006715
ALL NOTED INFORMATION PERTAINING TO THE PROPOSED PROJECT SHALL BE
SHOWN ON PLANS SUBMI TTED AS PART OF THE FIRE DEPARTMENT REVIEW FOR APPROVAL.
While we make no attempt to cite all applicable provisions herein, the following code requirements are of special significance for this project.
• Provide construction site security by means of a six-foot high fence maintained around the entire site or a qualified fireguard when required by the Fire Chief.
• Provide an automatic fire sprinkler system in accordance with the Burbank Municipal Code. 9-1-9-903(a) • Provide electrical supervision for all valves controlling the water supply and all water flow switches on all fire sprinkler systems where the number of sprinklers is 20 or more. BMC 9-1-9-903.4.2.1 • Provide a fire alarm system to notify all occupants of automatic fire sprinkler water flow. BMC 9-1-9-903.4.2.1 • Provide a Knox key box for fire department access. CFC 503.6.1/BMC 9-1-9-506.1 • Provide a Knox KS-2 key access switch for security gates. CFC 503.6 • Provide address numbers a mini mum of 4 inches high for residential structures and six inches high for all other occupancies with ¾ inch stroke to identify the premises. Numbers shall be plainly visible from the street or road fronting the property and from the alley or rear accessway to the property. BMC 9-1-9-505.1.1/BMC 9-1-905.1.2 • 2A10BC fire extinguishers shall be provided and located as directed by the Fire Inspector in the field. All portable fire extinguishers shall be installed on a positive latching bracket or within an enclosed cabinet. BMC 9-1-9-906.6.7.1/CFC 906.1
• Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. All locking devices shall be of an approved type. CFC 1010.1.9
• Provide a fire alarm system. BMC 9-1-9-903.4.2.1
• Fire apparatus access roads shall be provided in accordance with the California Fire Code, for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Access during construction shall be maintained in accordance with the High-rise and mid-rise buildings. High-rise and mid-rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or more than 35 feet (10 668 mm) from the building.
Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for firefighting and rescue operations. CFC Section 503 Through 503.6 CFC Appendix D City of Burbank Municipal Code 9-1-9-504.3.1: HIGH-RISE AND MID-RISE BUILDINGS.
BURBANK FIRE DEPARTMENT
ATTACHMENT B
ATTACHMENT 6 - 83
2 • Specifications for fire apparatus access roads shall be provided and maintained in accordance with the California Fire Code. CFC 503.2.3
• Plans for fire apparatus access road shall be submitted to the fire department for review and approval prior to construction. CFC 105.4.1
• Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. CFC 105.4.1
• When fire protection, including fire apparatus access roads and water supplies for fire protection , is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. CFC 501.4
• Approved signs or other approved notices shall be provided and maintained, at the expense of the person(s) in possession of the property, for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. CFC 503.3 / CFC 3310.1 /CFC 3311.2
• An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into or within the jurisdiction.
When any portion of the facility or building protected is in excess of 150 from a water supply on a public street, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the chief. • All exits, fire department access and fire protection shall me maintained in accordance with the California Fire Code during construction.
• Any fire hydrants for this block shall be upgraded with a 4” X 2-2 ½” outlets. Contact the Water Division at 238-3500 for specifications on the type fire hydrants to be provided.
EMERGENCY RESPONDER COMMUNICATION COVERAGE
Except as otherwise provided, no person shall maintain, own, erect, or construct, any building or structure or any part thereof, or cause the same to be done which fails to sup port adequate radio coverage for City emergency service workers, including but not limited to firefighters and police officers. Buildings and structures which cannot meet the required adequate radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type accepted bi- directional UHF amplifiers as needed. Further information and guidance can be obtained by contacting the City of Burbank Radio Communications shop at (818) 238-3601. CFC Section 510
For parking garages provided with a ventilation system in accordance with the California Building Code “Interior Environment” a remote over-ride switch shall be provided for Fire Department use as assistance for smoke removal.
The switch shall be located and clearly marked in a readily accessible location as directed by the Fire Department. CBC 406.6.2
HAZARDOUS MATERIALS
• Storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with the California Fire Code. Including but not limited to Bulk Transfer and Fuel-Delivery systems. • Plans shall be submitted for review and approval by the Fire Department with each application for a permit to store more than 5,000 gallons of l iquids outside of buildings in dr ums or tanks. The plans shall indica te the method of storage, quantities to be stored, distances from buildings and property lines, access ways, fire protection facilities, and provisions for spill control and secondary containment.
• Prevention, contr ol and mitigation of dangerous conditions related to storage, dispensing, use and handling of hazardous materials and information needed by emergency response personnel shall be in accordance with the California Fire Code as amended by the Burbank Municipal Code.
• Permits are required to store, dispense, use or handle hazardous material in excess of quantities specified the California Fire Code as amended by the Burbank Municipal Code.
• Permits are required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility or other area regulated by the California Fire Code. • Each application for a Hazardous Material Permit shall include a hazardous materials management plan (HMMP) and hazardous materials inventory statement (HMIS) as defined by the California Fire Code and amended by the Burbank Municipal Code. Codes related to Hazardous Materials are but not limited to CFC Section 23, 24, 32, 50, 51, 53, 54, 57, 58, 59, and 61. BMC 9-1-5001.5.1(a), 9-1-9-5003.3.1.5, 9-1-9-5003.3.1.6, 9-1-9-5003.4.1,
HIGH-RISE/MID-RISE REQUIREMENTS
• Buildings having floors used for human occupancy located more than 35 feet, but less than 75 feet above the lowest level of fire department vehicle access, shall be in compliance with all applicable “Mid-Rise” requirements as defined by the
ATTACHMENT B
ATTACHMENT 6 - 84
3 Burbank Municipal Code. BMC 9 -1-9504.3.1 / 9 -9-504.3.1 / 9 -1-9-504.3.1.2 /9-1-9-504.5 /9 -1-9-905.3(a) / 9 -1-9- 907.2.1(a)
• Buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access, shall be in compliance with all applicable “High-Rise” requirements as defined by the Burbank Municipal Code. BMC 9-1-9504.3.1 / 9-1-9-5043.1.2 /9-1-9-504.5 / 9-1-9-905.3(a) / 9-1-9-905.3(a) / 9-1-9-907.2.1(a) • High–rise and Mid-rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet or more t han 35 fe et from the building. Landscaping or other obstructions shall not be pl aced or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. • Group B office buildings and Group R, Division 1 Occupancies, each having floors used for human. occupancy located more than 35 feet above the lowest level of Fire Department vehicle access, shall be provided with an automatic fire alarm system. BMC (-1-9-907.2.1(a) • Every mid-rise building shall be provided with an approved combined standpipe system. BMC 9-1-9-905.3(a) • All stair shaft doors at each building level shall provide access to the building for fire department use.
BMC. 9-1-9504.3.1.2
• There shall be provided for fire department use at least one access door to one enclosed exit stair shaft that serves all building levels and the roof at the main entrance level outside the building. BMC 9-1-9-504.3.1.2 • All enclosed ex it stairways shall be continuous to each floor served in either direction and shall be without obstructions such as intervening doors and gates. BMC 9-1-9-504.3.1.2 EXCEPTION: Approved barriers provided at the ground floor level to prevent persons traveling downward from accidentally continuing into the basement, in accordance with the Building Code.
• Locking of enclosed exit stair shaft doors: BMC 0-1-9-504.3.1.3
1. All enclosed exit stairshaft doors which are to be locked f rom the stairshaft side shall have the capability of being unlocked without unlatching, by all of the following methods: BMC 9-1-9-504.3.1.3
1.1 A manual signal from the central fire control room.
1.2 The actuation of a fire alarm device.
1.3 Upon failure of electrical power.
2. When enclosed exit stai r shaft doors are locked from the stairwa y side, an approved emergency communication system directly connected to the building control station, proprietary supervisory station, or other approved emergency location shall be available to the public and shall be provided at every fifth-floor landing in each required enclosed exit stairshaft. BMC 9-1-9-504.3.1.3
• High-Rise and Mid-Rise Elevators. BMC 9-1-9-504.5
A. GENERAL. In every bank of elevators, there shall be provided and available to the fire department, an elevator that opens on to each floor served by the individual bank. A bank of elevators is one or more elevator cars controlled by a common operating system, or where all elevator cars will respond to a single call button.
B. LOBBIES. Elevators shall open into a lobby on all floors except the lowest terminal floor of building entry. Lobbies may serve more than one (1) elevator. Lobbies shall be separated from the corridor by one (1) hour fire resistive construction with all openings protected by tight fitting twenty (20) minute door assemblies designed to close automatically upon activation of a detector which will respond to visible or invisible particles of combustion. Lobbies shall also be separated from the remainder of the building as required for corridor walls and ceilings.
C. SIZE OF CAR.
1. Elevator cars assigned for fire department use shall have a height, recessed area, or removable ceiling which will make possible the carrying of a nine (9) foot (2743 mm) high ladder.
2. At least one elevator car assigned for fire department use and serving all floors shall be of a size that will accommodate a 24-inch (610 mm) by 85-inch (2159 mm) ambulance stretcher in the horizontal position and have a clear door opening width of 42 inches (1067 mm). The elevator shall be identified with approved signs.
ATTACHMENT B
ATTACHMENT 6 - 85
4 Fire flow requirements for this building, the following information shall be provided prior to issuing a building permit for final fire department plan check:
• Building Type Construction as defined by the California Building Code. • Square feet of the building.
• The fire flow shall be gpm for hours in accordance with the California Fire Code.
All items reviewed are based on information provided at time of review. The comments provided do not limit or relieve the owner and the owner’s architect and/or contractor from the responsibility of ensuring compliance with all applicable provisions of fire/life safety codes. Such compliances may include but are not limited to fire department access for fire fighting, including fire department vehicle access, fire water supplies and appurtenances. Further reviews may require additional requirements or limitations as the project develops and is not limited to the requirements provided in these comments.
NOTE: All references are in accordance with the 20 22 Edition of the California Fire Code (CFC) and the California Building Code (CBC) as amended by the Burbank Municipal Code (BMC).
ALL NOTED INFORMATION PERTAINING TO THE PROPOSED PROJECT SHALL BE
SHOWN ON PLANS SUBMITTED AS PART OF THE FIRE DEPARTMENT REVIEW FOR APPROVAL.
For additional information or questions contact the Assistant Fire Marshal or Fire Marshal at (818) 238-3473.
ATTACHMENT B
ATTACHMENT 6 - 86
2024
PARKS AND RECREATION DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
LOCATION: 910 S. Mariposa St PROJECT: 24-0002257 &
6715
DESCRIPTION: 40 Condos DATE: 2024
1 Submit landscape and irrigation plans prepared by a licensed landscape architect.
Must comply with Municipal Water Efficient Landscape Ordinance (MWELO) requirements if over 500 square feet of landscape – 8.2.301 to 8.2.306
2 Park Development Fee shall be paid prior to issuance of building permits: $150 /bedroom. N/A X $150.00 =
3 Street trees required and Street Tree Required if Removed – YES 7.4.107, 7.4.109, 7.4.110, 7.4.111 4 Street trees to remain: 7.4.116, 7.4.119
5 Revise plans to include the following street trees: Contact Forestry for list of approved street trees.
Street Trees are required.
All street trees shall be a minimum of 24" box size. 10.1.1418, 10.1.2107 Trees in grass shall be installed with Arbor Guards. 7.4.102 6 Add note on planting plan:
Owner to install the street trees, they must contact the Forestry Supervisor, at (818) 238-5343, at least forty-eight (48) hours prior to installation. Failure to contact the City for inspection and installation may cause the removal and replacement at the owner's expense. 7 Tree wells required. YES, 7.4.118
8 Provide irrigation or bubblers to street trees. YES, 7.4.120, 10.1.628, 10.12107, 10.1.2532, 10.1.2713 9 Provide automatically controlled irrigation system to the parkway. YES, 7.4.120, 10.1.628, 10.12107,
10.1.2532, 10.1.2713
10 Remove existing street trees: NO
_____________________________________________________ FEE: ____________________ Contact Forestry Services at (818) 238-5343 for removal fee. 11 Must comply with Art in Public Places Ordinance if building costs are over $500,000 - 10.1.1114 12 Additional Comment:
Covenant Agreement will be required for all landscaping and trees on parkways 7.4.110, 7.4.112
For additional information contact the Parks and Recreation Department at (818) 238-5300.
Approved: _______________________________________________ Michael del Campo
Assistant Director
Parks and Recreation Department
ATTACHMENT B
ATTACHMENT 6 - 87
1)Do not remove any Street/Parkway Trees. Provide the section in the BMC that mandates this requirement. 7.4.102 2)Parking lot trees will be required to cover 40% of all parking. Provide the section in the BMC that mandates this requirement. 10.1.1418 (at least 50%)
3) Street trees required to be removed. Provide the section in the BMC that mandates this requirement. 7.4.107, 7.4.109, 7.4.110, 7.4.111,
7.4.112
4) Street Trees To Remain. Provide the section in the BMC that mandates this requirement. , 7.4.116, 7.4.119 5) All street trees shall be a minimum of 24” box size. Provide the section in the BMC that mandates this requirement. 10.1.1418, 10.1.2107
Trees in grass shall be installed with Arbor Guards. Provide the section in the BMC that mandates this requirement. 7.4.102 7) Tree wells required. Provide the section in the BMC that mandates this requirement. 7.4.118 8) Provide irrigation bubbler to street trees. Provide the section in the BMC that mandates this requirement. 7.4.120, 10.1.628, 10.1.1418,
10.1.2107, 10.1.2713
9) Provide automatically controlled irrigation system to the parkway. Provide the section in the BMC that mandates this requirement. 7.4.120,10.1.628, 10.1.2107, 10.1.2532, 10.1.2713 11) Must comply with Art in Public Places Ordinance if building costs are over $500,000. Provide the section in the BMC that mandates this requirement. 10-1-1114
12a) Provide an arborist/landscape architect valuation of any landscape removed for project. Provide the section in the BMC that mandates this requirement. 7.4.105
12b) Do Not remove trees on property. The project is being reviewed under a ministerial design review process pursuant to SB 35 (CA Govt.
Section 65913.4), no CEQA review inclusive of CEQA associated studies and mitigation measures are required. 12c) All trees on property will need to have a Tree Protection Zone in place prior to Demolition and in place for the life of the Project. The project is being reviewed under a ministerial design review process pursuant to SB 35 (CA Govt. Section 65913.4), no CEQA review inclusive of CEQA associated studies and mitigation measures are required. 12d) Covenant Agreement will be required for all landscaping and Trees on property, pocket parks and park ways. Provide the section in the BMC that mandates this requirement. The project is being reviewed under a ministerial design review process pursuant to SB 35 (CA Govt.
Section 65913.4), no CEQA review inclusive of CEQA associated studies and mitigation measures are required. 7.4.110, 7.4.112
ATTACHMENT B
ATTACHMENT 6 - 88
1 | P a g e
DATE: May 24, 2024
SUBJECT: 910 South Mariposa Avenue
PROJECT DESCRIPTION:
The Project includes the new construction of one five -story residential structure, containing a total of 40 condominium units ranging from 1,233 to 2,100 square feet in size and a total of 47 subterranean parking spaces. The project proposes 35 two-bedroom units, 5 three-bedroom units and approximately 22,884 square feet of combined common and private open space. The site will be accessed from a two -way driveway from South Mariposa Street. This application proposes to amend the 30 -unit, five-story multifamily Project that was submitted as part of the Notice of Intent application on December 26, 2023.
The Project proposes to utilize AB 1287 (Government Code Section 65915(v)) that allows a 100% density bonus for projects that include 15% “Very -Low” Income units and 15% “Moderate” Income units. The Project proposes three “Very-Low” Income units and three “Moderate” Income units and therefore proposes a total of 40 residential units.
HOUSING REQUIREMENTS:
1. Pursuant to Burbank Municipal Code (BMC) Section 10-1-650, the Project Applicant shall enter into Inclusionary Housing Agreement with the City . The Inclusionary Housing Agreement shall be finalized and recorded with the City prior to the issuance of any building permit for the Project. No building permit shall be issued for all or any portion of the Residential Development unless the Inclusionary Housing Agreement has been executed in a recordable form in accordance with the Implementing Regulations. The Inclusionary Housing Agreement must include the following provisions identified below:
• Description of the development, including whether the Inclusionary Units will be rented or owner-occupied.
• A table showing the number of bedrooms, unit size, and location of each of the Affordable Units and a floor plan that references the table and shows the type of Affordable Unit and location to ensure units are dispersed throughout the site.
• The number, size and location of Very Low, Low or Moderate Income Units.
ATTACHMENT B
ATTACHMENT 6 - 89
2 | P a g e
• The income level of the Inclusionary Units.
• Provisions for the review and approval of a Marketing and Tenant Selection Plan.
• Description of the process for qualifying prospective homebuyer households for income eligibility.
• Inclusionary incentives by the City (if any), including the nature and amount of any local public funding.
• Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions.
• Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident households for income eligibility.
• Any other specific provisions required by the Burbank Municipal Code, Inclusionary Housing and Density Bonus Implementing Regulations, Government Code Section 65915, Government Code Section 65913.4, and the HCD Guidelines.
• Affordable Units shall remain reserved for very low-income homebuyers in perpetuity for as long as the land is used for housing, which shall not be less than 55 years. Household incomes of eligible households shall not exceed 50% of annual median income (AMI), adjusted for actual household size.
• Please note that i nclusionary Housing Agreements that are acceptable to the Director must be recorded against owner -occupied Inclusionary Units. Additional resale restrictions, deeds of trust, rights of first refusal and/or other documents acceptable to the Director must also be recorded against owner -occupied Inclusionary Units.
2. The Project shall comply with all applicable requirements of Burbank Municipal Code (BMC) Section 10-1-639. Please note that p ursuant to BMC Section 10 -1-639(C), affordable Units offered for sale to moderate income households in condominiums shall be sold by the developer of the housing development at a price that does no t exceed the Affordable Purchase Price. At the time of the sale of an Affordable Unit from the developer of the Housing Development to the initial purchaser, the purchaser shall execute a promissory note secured by a subordinate deed of trust in favor of the City. The promissory note shall require payment, upon resale of the unit, the difference between the market rate price of the Affordable Unit at time of the purchaser’s purchase of the Affordable Unit and the Affordable purchase price, and a proportionate share of the appreciation. Upon a resale, the seller of the unit shall retain the market
ATTACHMENT B
ATTACHMENT 6 - 90
3 | P a g e
value at the time of sale of any capital improvements made by the seller, the down payment, and the seller’s proportionate share of appreciation. The City’s proportion of the share of appreciation shall be equal to the percentage by which the Affordable Purchase Price was less than the fair market value of the Affordable Unit at the time of the initial sale.
3. The Project Applicant is subject to full cost recovery of City expenses, including any consultant time, for drafting and recording the Affordable Housing Agreement with the City and for ensuring the Project Applicant’s compliance with said agreement. These fees are authorized by the City of Burbank fee schedule under Article III Land Use and Zoning, and Article I, Section 14 (Real Estate Services).
4. The Project shall comply with all applicable requirements of BMC Section 10 -1-642.
Pursuant to BMC Section 10 -1-642, developers requesting a Density Bonus shall agree to enter into a Density Bonus Housing Agreement with the City. A Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits for all Housing Developments pursuant to this Division and shall be recorded as a restriction on any parcels on which the Affordable Units or Density Bonus Units will be constructed. Further, the Density Bonus Housing Agreement shall be recorded prior to final or parcel map approval, or, where the Housing Development does not include a map, pri or to issuance of a building permit for any structure in the Housing Development. The Density Bonus Housing Agreement shall run with the land and bind on all future owners and successors in interest.
5. Recording of Agreements with Buyers of Affordable Units. Pursuant to BMC Section 10-1-642(D), Density Bonus Housing Agreement for for -sale units shall include an Affordable Housing Agreement. The purchaser of each Affordable Unit shall execute an affordable housing agreement, inclusive of the p romissory note and deed of trust described in BMC Section 10 -1-639 approved by the City . The City shall provide Affordability Agreements and other documents (which may include resale restrictions, deeds of trust, rights of first refusal, and/or other docum ents) between the City and the homebuyer that must be executed and/or recorded against each Affordable Unit at the time of sale. The Project Applicant shall ensure that the Affordab ility Agreements and other documents provided by the City are properly exec uted and recorded to ensure continued compliance with BMC Section 10-1-642.
6. The Affordability Agreement for each Affordable Unit shall include a requirement for owner-occupancy of the Affordable Unit and a provision for City monitoring of that requirement and other provisions of the Affordab ility Agreement. City monitoring will include a requirement for the homebuyer to either a) utilize annually an on-line system to collect and submit documents to demonstrate compliance with the Affordab ility Agreement; or b) pay an annual fee, adopted by the City Council, for City staff or a
ATTACHMENT B
ATTACHMENT 6 - 91
4 | P a g e
City-hired consultant to collect, review, and audit compliance of each homeowner. The future homebuyers are subject to full cost recovery of City expenses to ensure compliance with the Affordability Agreement. These Fees are authorized by the City of Burbank fee schedule under Article III Land Use and Zoning, and Article I, Section 14 (Real Estate Services).
7. Please note that pursuant to BMC Section 10 -1-638, in case of condominium conversions a ny appeal of any concession or incentive or review by Planning Commission or Council, shall automatically require an appeal of the underlying map to that body.
8. The Project shall comply with all applicable standards for inclusionary units as specified in BMC Sections 10-1-645, 10-1-646, 10-1-650, and 10-1-651.
ATTACHMENT B
ATTACHMENT 6 - 92
Department Burbank Water and Power (Electric)
DR # 23-0002257 and 23-0006715
Project Name SB 35 Project
Location 910 S. Mariposa St.
Checked by: Michael Truong 5/23/2024
Electrical Engineering Associate II
Approved by: Calvin Clark 5/23/2024
Principal Electrical Engineer
BWP – Electric Conditions on this Project (General Requirements)
1. Comply with the latest Burbank Water and Power Rules & Regulations for Utility Service.
The Rules are authorized by Burbank Municipal Code; Title 8, Chapter 2, Section 8.2 and are approved by the Council of the City of Burbank on an annual basis.
The Rules and Regulations can be viewed at
https://burbankwaterandpower.com/electric/rules-and-regulations.
2. Comply with the latest Burbank Water and Power Electric Specifications as authorized by the Burbank Water and Power Rules & Regulations for Utility Service. The latest Electric Specifications can be viewed at https://burbankwaterandpower.com/electric/specifications.
Issues Identified During Preliminary Review Requiring Correction
1. A load schedule and single line diagram needs to be provided to BWP to determine the service requirements for the new development. The applicant will pay 100% of the cost for off-site upgrades and new electric service facilities. For services 750kVA or over, a padmount transformer, a padmount switch, and 12kV feeder extension may be required. The plans must show space will be allocated for future padmount electrical equipment. Refer to BWP’s Specifications for Electric Service to determine equipment footprint and clearance requirements.
2. Outdoor metering locations are preferred. When adequate exterior wall space is not available, a separately locked, clearly labeled meter room is acceptable with conditions. Meters in metering rooms must be located on the ground floor and have two exit doors equipped with panic hardware. At least one door must lead directly outside at ground level. BWP must be supplied an access key to the room, which will be installed in a lock box adjacent to the door.
The developer shall consult BWP for approved location and obtain a service confirmation prior to any installations.
3. Any existing overhead electrical facilities traversing the project are required to be undergrounded at the applicant’s cost. Services affected by the underground conversion may require additional on-site transformation. Any BWP facilities installed on the development that serve other customers will require an easement. Consult with BWP to determine if new easements will be required.
ATTACHMENT B
ATTACHMENT 6 - 93
General Comments Applicable to this Project
Plan Information
1. The following information shall be included on the construction plans:
a. Location of the existing electric service panel.
b. Dimensions/location of existing/proposed public improvements adjacent to project. c. The width and the location of all the existing and proposed easements. d. Fully dimensioned building elevations showing height of structure from natural grade.
e. Proposed location of the electric service panel/meters. f. Proposed location of the any pad-mounted electrical equipment.
2. Plan approval will not be given until an electric service confirmation is obtained. Contact BWP Engineering at (818) 238- 3575. The plans must show the pertinent information related to the method of service as specified on the confirmation.
Load Requirements (BWP Rules and Regulations 2.01(d), 2.01(j), 3.26 per BMC 8-2-203)
3. A load schedule and secondary service schematic will be required to determine the extent of the electrical load requirements. An electronic copy of a plot plan of the site, showing all the existing and proposed substructures, complying with BWP AutoCAD standards should also be provided to BWP Electrical Engineering to aid the electrical design. BWP will provide full comments after the electrical sheets are provided. A meeting should be scheduled between the developer, project architect, electrical engineer, and BWP Electrical Engineering early in the design stage of each phase of the project to discuss all the issues and to finalize the location of the facilities.
4. Loads below 5M VA will be fed from the existing system but will require upgrades to accommodate the new development, at the developers cost.
5. Loads 5MVA or greater will require a new substation. The developer must provide the necessary space (a minimum of 125’ x 80’, with two 20’ access roads on two sides), if a substation is required. Please contact BWP Engineering at (818) 238-3575 for details if the projected load will exceed 5MVA.
Substructure (BWP Rules and Regulations 2.50 -2.53, 2.55, 2.80, 2.81 per BMC 8-2-203, General Plan Land Use Element Policy 4.11, 4.12)
6. Overhead BWP electrical facilities traversing or adjacent to the development are to be converted to underground at the developer’s cost. The developer will be responsible for costs involved in converting existing overhead electric services to underground for any customers impacted by this underground conversion.
7. The proposed development may require the installation of pad-mount ed switches and transformers. The pad-mounted switches will be looped on the line side.
ATTACHMENT B
ATTACHMENT 6 - 94
8. The proposed development may require transformer and switch pads, which have a vault underneath them. No structures are allowed to be constructed underneath these vaults.
9. The installation of pad-mounted transformers and switches will require the use of a crane or boom truck. To facilitate this installation, a vertical clearance of 40’ from the transformer or switch pad level should be maintained. Any design that would restrict vertical access clearance to a level below 40’ shall be subject to BWP approval.
10. Provide a minimum 14’ x 18’-6” clear accessible area at grade level on undisturbed soil with easy crane access 20-foot wide for each three-phase pad-mount transformer facility.
11. Provide a minimum 10’ x 15’-6” clear accessible area at grade level on undisturbed soil with easy crane access 20-foot wide for each single-phase pad-mount transformer facility.
12. The proposed development may require the installation of 4’ x 6’-6” primary pull-boxes.
13. The proposed development may require the installation of 8’ x 14’ primary manholes.
14. Additional conduits may be required to provide for future needs.
15. The developer will provide 5’ wide recorded easement for the new underground system from the property line to the switch and a minimum 27’ x 15’ clear accessible easement for a pad -mount switch. The developer’s surveyor will provide a legal description of the easements, which will be reviewed by Burbank Water and Power and then processed by the Community Development Department (contact 818-238-5250 for recording).
16. No permanent structures are allowed within the any existing or proposed easement within the development.
17. The developer’s contractor will provide as -built drawings showing the exact location of underground substructure installed to serve the property.
18. All substructure work including transformer pads, switch pads, pull boxes, grounding systems, primary conduits and secondary conduits are the responsibility of the developer and shall be done in accordance with Burbank Water and Power drawings and specifications.
19. Any existing and proposed substructure on-site and off-site, which may affect the location of the new underground electrical system and any other improvements shall be identified and shown on the final plans in order to avoid a potential conflict with other substructure.
20. BWP will provide the following items at the developer’s cost:
a. Construction drawings for all substructure work
b. Engineering support during construction
ATTACHMENT B
ATTACHMENT 6 - 95
c. Inspection of the work performed by the developer’s contractor to ensure the work is done per the plans provided by BWP and per BWP specifications d. Installation of all transformers, switches, primary cables, and metering devices e. Termination of the secondary cables at the transformer
21. The developer’s contractor shall install secondary conduits, pull cable from the transformer to the switchboard, and terminate the secondary cables on the switchgear.
22. Depending on the location of the switchgear (whether it is outside or inside the building), secondary conduits and cables will be inspected and approved by both the BWP inspector and the Building Inspector (switchgear inside the building) or by the BWP inspector (switchgear outside the building).
23. The Building Inspector will provide structural inspection of secondary conduits for compliance with the Building code-concrete encasements, fire walls, support of the conduit package, etc. The BWP inspector will inspect the amount and size of secondary conduit s and cables.
Safety/Clearances
24. The State of California Public Utilities Commission General Order No. 95 requires that no building or structure be allowed to encroach within the envelope 12’ vertical and 6’horizontal from the existing high voltage lines along the existing alleys within project boundary. The actual height and location of the conductor attachment has to be surveyed and shown on the plans.
25. The State of California Public Utilities Commission General Order No. 95 requires that no building or structure be allowed to encroach within the envelope 8’ vertical and 3’ horizontal from the existing low voltage lines along the existing alleys within project boundary. The actual height and location of the conductor attachment has to be surveyed and shown on the plans.
26. The State of California Public Utilities Commission General Order No. 95 requires that no temporary scaffolding, platforms or supporting framework upon which men may work be allowed to encroach within the required clearance envelopes as stated in the previous two comments.
27. Burbank Water and Power Rules and Regulations require that no open patios or balconies will be erected underneath any high voltage overhead conductor regardless of vertical clearance.
(BWP Rules and Regulations 2.34(b) per BMC 8-2-203)
28. Plans must be revised to avoid encroachment into the envelope as commented above.
Building elevations will show the existing power poles, their height from natural grade, conductor attachment heights and locations (all surveyed), and the described above envelopes clear from any portion of the building per BWP drawing S-708.
ATTACHMENT B
ATTACHMENT 6 - 96
29. The developer’s contractor is responsible for protecting any existing Burbank Water and Power facilities in place. Power poles must be protected in place to prevent any movement of the pole butt during excavation. Anchors must also be protected to prevent slippage or exposure that could result in the reduction or loss of holding power. If these requirements cannot be met, then no excavation will be allowed within three feet from the face of poles and five feet from anchors.
(BWP Rules and Regulations 1.14, 2.01(e), 2.54 per BMC 8-2-203)
30. The developer’s contractor is responsible for protecting any existing Burbank Water and Power underground facilities from damage during construction. No crane -imposed loads will be allowed on any existing manhole or pullbox structures. (California Government Code 4216, BWP Rules and Regulations 1.14, 2.01(e), 2.54 per BMC 8-2-203)
31. Any excavation that restricts vehicular access to existing BWP facilities may require the relocation of such facilities prior to excavation at the developer’s cost. (BWP Rules and
Regulations 1.12, 1.14, 2.01(e), 2.52(f), 2.54 per BMC 8-2-203) Aid-in-Construction
32. The Burbank Water and Power fees for providing electric service are Aid-in-Construction (AIC) charges set forth in Section 3.26 of the latest version of BWP’s Rules and Regulations for Electric Service. AIC charges are to recover the actual cost of:
a) Providing and installing new facilities to serve the customer; b) Conducting feasibility studies and engineering;
c) Relocating existing overhead or underground facilities.
33. A Customer or Developer requesting a new, upgraded or replacement metered electric panel will be charged a Capacity Charge based on the kVA demand of such new, upgraded, or replaced metered electric panels, which will be applied according to the current City of Burbank Fee Resolution. The kVA demand is calculated using the formulas per BWP Rules and Regulations 3.26(g).
34. Depending on local site conditions and the location of the project, AIC costs can vary widely from project to project. For reference, historical AIC costs for developments between 1 MVA and 5 MVA have ranged from $400,000 - $1,200,000 (2021 dollars) per MVA. For projects in this size range, BWP recommends performing a feasibility study early on in the project to determine a proposed electrical route and a rough cost estimate.
35. If any portion of the existing BWP facilities needs to be upgraded or relocated due to the subject project, it will be done at the developer’s expense.
Metering/Service (BWP Rules and Regulations 2.61-2.75 per BMC 8-2-203)
36. All electrical installations must conform to the Burbank Water and Power Rules and Regulations for Electric Service (latest revision).
ATTACHMENT B
ATTACHMENT 6 - 97
37. Contact BWP Engineering at (818) 238- 3647 (residential) or at (818) 238-3565 (commercial) if the existing service panel requires upgrading.
38. Service to the addition will be from the existing customer-owned facilities.
39. For multi-metered services all numbering must be completed in a permanent manner at all individual units and meter sockets before service can be energized. See BWP Rules and Regulations, Section 2.68 (c) for acceptable labeling (stenciling or riveted tags required, permanent marker is unacceptable). Contact Public Works Engineering for unit designations.
40. The service switchboard rating shall be limited to 3000 Amps. Five copies of EUSERC drawings of the switchboard shall be provided to BWP for approval prior to submittal to the manufacturer. Service shall not be energized unless these drawings are provided.
41. Outdoor meter locations are preferred. When adequate exterior wall space is not available, a separately locked, clearly labeled meter room is acceptable. All meter rooms must be located on the ground floor and have two exit doors equipped with panic hardware. At least one door must lead directly outside . BWP must be supplied an access key to the room, which will be installed in a lock box adjacent to the door. The developer shall consult BWP for approved location and obtain a service confirmation prior to any installations.
42. All new metered services require a path for meter communications to BWP communication networks. Installation of meters that fail to continuously communicate with BWP communication networks will require additional BWP approved equipment to be installed at the developer’s expense in order to create the appropriate communications path.
Street Lighting (BWP Rules and Regulations 3.19(c)4 per BMC 8-2-203)
43. The developer is responsible for the street lighting system traversing or adjacent to the project. The street light system is required to be underground fed with LED luminaires. If existing lighting conditions do not satisfy this requirement, modification will have to be made at the developer’s expense. Standards and luminaries will be supplied by BWP at the developer’s expense. A plot plan of the site must be submitted to BWP during the initial planning stage of the project for street light design.
44. Any construction that impacts existing streetlight standards or infrastructure will require relocation at the developer’s cost.
Fiber/Communication
45. Burbank Water and Power offers high- speed, high- quality fiber optics -based services through its ONE Burbank program. Fiber service is available to the project if desired. To facilitate connection, a conduit should be installed between the electric meter room and the telecom/data MPOE. For further information, email [email protected] or call 818- 238-3113.
ATTACHMENT B
ATTACHMENT 6 - 98
46. Contact AT&T at (866) 577- 7726 for any phone company facility conflicts. Contact Charter Communications at (818) 847-5013 for any cable T.V. facility conflicts.
Landscaping (BWP Rules and Regulations 2.52(i) per BMC 8-2-203)
47. Any trees planted in the area adjacent to the street/alley will be of a type that will not grow into the existing power lines and will also have sufficient clearance from the streetlight facilities.
48. All equipment locations and screening structures will be indicated on the plans and must meet the Community Development Department Equipment Screening Guidelines. The plans will include the proposed screening method, height of screening, material finish, and color or species of vegetation. All screen walls, which are a part of, or adjacent to, the proposed building will be shown on the building elevations. All screen walls detached from the building will be included as a separate elevation. Verification of submittal requirements and recommendations for screening requirements shall be by the CDD Director or his designee.
49. BWP landscaping requirements for transformer pads and switch pads:
Due to the natural maturation of trees and other landscaping elements, the following requirements are to be adhered to:
a) New plantings within three feet of the back or sides of the pad and within eight feet of the front shall be of a groundcover type. This is considered the working zone.
b) Outside of the working zone, shrubbery is acceptable within eight feet of the pads, but trees must be beyond an eight -foot radius to lessen future root conflicts.
c) Landscaping grade shall be a minimum of five inches below the grade level of the top of transformer pads.
d) All irrigation and sprinkler systems shall be constructed so that water shall not be directed onto the switch, the transformers, or the concrete pads.
Additionally, surface water shall drain away from the concrete pads.
Landscape plans shall adhere to the above requirements, showing proper working clearances for electrical facilities on L-sheets.
Energy Efficiency
50. The electrical design shall comply with California Building Code Title 24 energy efficiency requirements and shall use, wherever practical, surge suppressors, filters, isolation transformers, or other available means to preserve a quality of power of its electrical service and to protect sensitive electronic and computer -controlled equipment from voltage surges, sags, and fluctuations. BWP also recommends the use of an uninterruptible power supply (UPS) and a standby generator for critical loads.
ATTACHMENT B
ATTACHMENT 6 - 99
51. Power factor correction to a minimum of 90% will be requested to minimize kVA demand as well as energy use. The developer must use California Nonresident Building Standard to consider and implement energy efficient electrical equipment and devices for minimizing peak demand and wasteful energy consumption. (BWP Rules and Regulations
2.21 per BMC 8-2-203)
Electric Vehicle Charging
52. Electric Vehicle (EV) parking capacity shall be in accordance with Title 24 building code requirements. Plans shall detail all planned EV charger installations as well as all EV capable parking spaces. The electrical service panel shall include capacity to simultaneously charge all EV capable parking spots at their full -rated amperage whether installed or not.
53. As part of our efforts to reduce greenhouse gas emissions, improve air quality, and enhance customer service, Burbank Water and Power’s Electric Vehicle Charging program promotes the use of electric vehicles by providing rebates for the installation of Level 2 (240V) charging equipment. BWP also installs and maintains a public electric vehicle charging network, consisting of 45 Level 2 charging ports and 2 DC Fast Chargers (480V), with new stations added each year depending on budget and availability. For more information on the rebates and the charging network, please contact Andres Azarian at 818- 238-3868 or [email protected]
. Additionally, information can be found at
https://www.burbankwaterandpower.com/conservation/electric-vehicles-rebate.
Additional Comments
For additional information or questions please contact Michael Truong, Electrical Engineering Associate II, BWP at (818) 238-3654 or [email protected].
ATTACHMENT B
ATTACHMENT 6 - 100
DATE: May 28, 2024
TO: Joseph Onyebuchi, Associate Planner (ext. 5267)
FROM: Building & Safety Division
SUBJECT: Project No. 24-0002257 (SB 35 Formal Application) Located at 910 S Mariposa St
Based on the drawings submitted for this review, the following requirements apply to the project. Additional requirements will be included when complete drawings are submitted for Plan Check. The applicant and/or project designer is responsible for ensuring that all mandatory information required for permit issuance has been addressed on the plans.
DEVELOPMENT REVIEW IS NOT A PLAN CHECK REVIEW. Plan check review requires submittal of complete construction documents and calculations. Questions concerning exiting, fire-resistance, and occupancy should be presented to the Building Division in writing accompanied by appropriate plans.
Please review the following comments.
1. All projects shall comply with Title 9, Chapter 1, of the Burbank Municipal Code, and the 2022 edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and Building Energy Efficiency Standards, including all intervening Code cycles.
2. Plans and reports submitted for Plan Check Review are to be submitted electronically.
For more information about the online submittal process, please contact the Building Division at 818-238-5220 or via email at [email protected] .
3. All conditions of approval are to be reproduced on the construction document drawings as part of the Approved Construction Set.
4. All Departments that have provide Conditions of Approval are to review drawings and provide final approval via online electronic review, prior to issuance of Building Permit.
ATTACHMENT B
ATTACHMENT 6 - 101
5. Development Impact Fees are assessed by the City for construction of new commercial and/or residential square footage as listed in the Burbank Fee Schedule and Title 10, Article 22, of the Burbank Municipal Code. (BMC 10-22-1)
6. Low Impact Development: A LID Plan is required for City review that provides a comprehensive, technical discussion of how the project will provide on-site retention in compliance with the requirements of the LID Ordinance and LID Standards Manual. (BMC 9-3-414)
Best Management Practices and control measures shall be prioritized in the following order:
i. On-site infiltration, bioretention, and/or rainfall harvest. ii. On-site biofiltration, off-site ground water replenishment, and/or off-site retrofit.
7. New or Addition/Alteration construction projects within the City of Burbank are subject to MWELO review. (BMC 9-3-500)
• Full structure demolition and new construction are required to provide a full MWELO plan check set for review.
• New or replacement landscape areas for residential and non-residential projects between 500 (new) and 2,500 (replacement) square feet requiring a building or landscape permit, plan check, or design review will be required to complete, either a Performance or Prescriptive Compliance Method. Full house demolition will require MWELO review, either prescriptive or performance, no exceptions.
8. The property shall comply with accessibility requirements for the various occupancies as stated in California Building Code Chapter 11. Accessibility regulations apply to all common areas. (BMC 9-1-2 & CBC CH 11)
9. The parking layout will have to comply with City standards, including minimum turning radii for accessing parking stalls. (BMC 10-1-1401)
10. Separate Permits will be required for the following: (BMC 9-1-1-105) a. Demolition
b. Grading & Shoring
c. Architectural & Structural
d. Mechanical
e. Plumbing
f. Electrical
11. Deferral of any submittal items shall have prior approval of building official. The registered design professional in responsible charge shall list the deferred submittals on construction documents for review. (BMC 9-1-2 & CBC 107.3.4.1)
12. Screening will be required for equipment located in front and side yards. The screening will include the electrical panels, A/C compressor units, gas meters, and transformers.
All screening will be subject to approval by Planning and Building divisions, and BWP. (BMC 10-1-603 & 10-1-1113.1)
ATTACHMENT B
ATTACHMENT 6 - 102
13. Grading and drainage plans will be required, and a separate Grading & Shoring Permit will be required. Geotechnical report to be submitted along with Grading & Shoring Permit Application. (BMC 9-3-403)
14. The City’s mandatory Construction & Demolition Debris Diversion Ordinance requires the recycling and diversion of at least 65% of construction and demolition debris. A refundable deposit and non-refundable administrative fee will be collected prior to permit issuance. The Ordinance applies to all demolitions and to new construction, additions, remodels, renovation, tenant improvement and alteration projects over 500 square feet in scope of work. (BMC 9-1-11-1012)
15. A stamped setback certification by a Licensed Surveyor will be required to certify the location of the new construction in relation to the setbacks prior to the first foundation inspection. (BMC 9-1-1-107)
16. Plans submitted for plan check must be stamped by State-licensed architect or engineer unless the project is one of the following listed below and complies with conventional light wood frame construction requirements in the CBC: (BMC 9-1-2R-R301.1.3.2) • Wood-framed, single-family dwellings not more than two stories in height. • Wood-framed, multi-family dwellings not more than two stories in height and limited to four dwelling units per parcel.
• Wood-framed, garages or accessory structures for single-family dwellings not more than two stories in height.
• Non-structural or non-seismic storefronts, interior alterations, or additions.
17. Approved hours of construction are:
Monday – Friday 7:00 am to 7:00 pm
Saturday 8:00 am to 5:00 pm
No construction is permitted by contractors or subcontractors after hours, on Sunday or on City holidays without prior written request and approval from the Community Development Department. (BMC 9-1-1-105.10)
ATTACHMENT B
ATTACHMENT 6 - 103
BUILDING & SAFETY DIVISION
CITY OF BURBANK
LID / ULAR EWMP BMP REPORTING INFORMATION
Approval for development projects and building/grading permits will not be granted/issued until appropriate and applicable stormwater BMPs are incorporated into the project design plans. Also, a plumbing permit will be required for certain treatment control BMPs such as grease traps, sump pumps, and clarifiers. For all projects other than small scale residential developments (4 units or less), if an infiltration BMP is chosen for treatment control, a soils report to address the feasibility of infiltration will be required to be submitted with the plan for review and approval.
Project Name:
Street Address:
City:
Zip Code:
Latitude of Project
Location (at least 6
decimals):
Longitude of Project
Location (at least 6
decimals):
Parcel APN:
Project Type:
BMP Type:
Total Drainage Area:
Predominant Land Use:
Project Capital Cost:
Native Soil:
Managed by BMP: acres
Project Storage Capacity: ac-ft
Total Drainage Area to BMP: Acres
Storm Water Quality Design Volume: cubic feet
Infiltration Rate: in/hr
% Imperviousness of Drainage Area: %
ATTACHMENT B
ATTACHMENT 6 - 104
BUILDING & SAFETY DIVISION
CITY OF BURBANK
LID / ULAR EWMP BMP REPORTING INFORMATION
User-Estimated Water Supply Benefit: ac-ft per year
Is Project Storage Capacity Equal to
Runoff from the 85th Percentile, 24-
hour Storm?
☐ Yes ☐ No
85th %-tile Vm: ac-ft
Does BMP have a diversion structure to
inlet?
☐ Yes ☐ No
If yes, indicate design diversion rate: acres cfs
BMP Footprint: acres sq ft
Depth to bottom BMP from Inlet: acres ft
Commercial Land Use in Drainage
Area:
Acres
Residential Land Use in Drainage Area: Acres
Industrial Land Use in Drainage Area: Acres
Institutional Land Use in Drainage
Area:
Acres
Street/Road Land Use in Drainage Area: Acres
Open Space Drainage Area: acres
ATTACHMENT B
ATTACHMENT 6 - 105