APPEAL OF PROJECT NO. 2004-151CONDITIONAL USE PERMIT

PURPOSE:

To consider an appeal of the Planning Board decision to approve the request for a conditional use permit (CUP) by Sal Ferarro to operate a karaoke nightclub and drinking establishment with a restaurant in the MDC-3 Media District General Business zone. A CUP is required for a drinking establishment and a nightclub.

BACKGROUND:

Property Location: The subject property is located at 3000 West Olive Avenue (Exhibit A-1) [A portion of lot 1, Tract 6691; M.B. 99-85-86].

Zoning: The subject property is zoned MDC-3 Media District General Business.  Adjacent properties are zoned, PD Planned Development, MDC-3 Media District General Business, MDC-4 Media District Commercial/Media Production, and MDC-2 Media District Limited Business. The business is not abutting or adjacent to a residential zone as defined by code and is beyond the closest residential zone as required by code for a drinking establishment.  

General Plan Designation: The property is located in the Olive Avenue East corridor of the Media District Specific Plan (MDSP). This area is intended to provide commercial uses that would serve the adjacent residential neighborhoods as well as the Media District business community.  The zoning is consistent with this land use designation.

Property Dimensions: The site is approximately 140 feet wide along Niagara Street, 152 feet long along Olive Avenue and 119 feet long along Alameda Street, with an area of approximately 20,505 square feet.

Street Classification: Olive Avenue is classified as a major arterial street, Niagara Street is classified as a local street and Alameda Street is classified as a major arterial.

Paved Width of Street: Olive Avenue has a 100 foot right-of-way with a paved street width of 68 feet. Niagara has 60 foot right-of-way with a paved street width of 36 feet; and Alameda Avenue has a 100 foot right-of-way with a paved street width of 76 feet.

Sidewalk/Parkway Width: The sidewalks are approximately 12 feet wide on Alameda Avenue, 16 feet wide on Olive Avenue and 12 feet wide on Niagara.

Current Development of the Site:  The project site is developed with a two-story commercial building totaling approximately 7,800 square feet of floor area. The applicant claims that only approximately 6,000 square feet of this space is useable floor space.  Approximately 79% (16,000 square feet) of the parcel is reserved as a utility easement for overhead high tension power lines, leaving only 21 percent of the property available for structures. The building was built in 1966 and has been used as a restaurant for over 20 years. The previous use of the site was Chadney�s restaurant which served food and alcohol with a Type 47 liquor license. A Type 47 liquor license, as defined by the Department of Alcoholic Beverage Control (ABC), authorizes the sale of beer, wine and distilled spirits for consumption on and off premises of a bona fide eating place that makes substantial sales of food and serves food during all operating hours.  Chadney�s went out of business in 1998 and the 3000 West Olive Avenue lot has stood vacant since. The site is constrained by a public utilities easement and has had a difficult time attracting a tenant up to this point. From verbal and written correspondence with the property owners they have expressed that their intent during the time of vacancy was to lease the property to a restaurant tenant (Exhibit B-3).  During this time of vacancy the property owners claim that they have approached several national restaurant operators to lease the property, but these efforts were thwarted by the constrained two-story layout of the building and by the constraints of the site.

The site has 39 existing parking spaces (of which 5 are tandem spaces) in the lot in front of the building at the corner of Olive Avenue and Niagara Street. The existing building consists of two stories. The first story includes a bar area, restaurant seating area and a kitchen with employee bathroom. The second story includes a private party dining area, offices, storage areas and bathrooms. Trash bins are stored in existing trash enclosures along the building frontage closest to Olive Avenue.

Project Description:

The proposed use of the site would include the operation of a cocktail lounge/bar and karaoke nightclub with restaurant service. The proposed business named �Dimples� is currently operating at 3413 West Olive Avenue and the applicant claims that they are being displaced by the property owner who was recently approved for a development at that site (the Platt Project).

The applicant proposes to make interior and exterior tenant improvements. The interior will be remodeled to accommodate a stage, and to improve the existing eating areas, bar area, and restaurant offices. The building will be modified to meet disabled access requirements in accordance with Building Division requirements.  No major structural modifications are proposed, although the owner states they have suffered damage to the roof which will need to be repaired or replaced.  For the karaoke nightclub the applicant proposes to build a karaoke stage within the bar area.  The proposed plans place a 100 square foot karaoke stage within the bar area on the first floor. Additionally, there is a patio outside the front door for smoking. This patio area will be enclosed with a 3 feet high fence as required by the conditions of approval. Dancing will be incidental to the karaoke performance and no traditional nightclub dance floor is proposed at this site. The applicant has requested that the hours of operation be from 6 PM to 2 AM. The establishment would have amplified music indoors for karaoke. The applicant requests to transfer their existing Type 47 liquor license for the cocktail lounge/bar.

The proposed business at its current location has a Type 47 liquor license without any restrictions on the ratio of food to alcohol sales. This unrestricted Type 47 liquor license simply requires that the current business have food sales. The use of a cocktail lounge/bar differs from a restaurant with incidental alcohol in that more than 35% of gross sales can be from alcohol.  The proposed application for the site requests the authorization of a drinking establishment and a nightclub. A CUP is required for a cocktail lounge/bar and the establishment of a nightclub use.

Municipal Code Conformance:

Use: Burbank Municipal Code (BMC) Section 31-502 requires approval of a CUP for a �nightclub� and �cocktail lounge/bar� when located in the MDC-3 Media District General Business Zone. A �nightclub� is defined as �an establishment which engages in the sale of alcoholic beverages in conjunction with dancing, regardless of whether or not such establishment is simultaneously offering full restaurant meal service� [BMC 31-203]. A �cocktail lounge/bar� is defined as a saloon, bar, pub, tavern or similar place primarily used for drinking alcohol and designed for social interaction and/or entertainment [BMC 31-203]. Additionally, section 31-502 permits the operation of a �restaurant� in the MDC-3 Media District General Business Zone.  A �restaurant� is defined as �any building, room, space, or portion thereof, with or without tables and/or seats, where food is prepared and sold for consumption on and/or off premises. Includes coffee houses, espresso bars, fast food, and takeout establishments�. The current and proposed use meets the definition of restaurant. The proposed use also meets the definition of nightclub and cocktail lounge/bar.

Previous code violations were issued for illegal signage on Dimples� current site at 3413 West Olive Avenue. These violations have been corrected. Additionally, the License and Code Services Division and the Burbank Police Department have received many complaints concerning Dimples on account of customers� lewd and illegal conduct and the use of the parking lot for storage. The operator responded to each complaint, however conditions of approval are required for this site in an effort to curtail or eliminate these problems.

Signage: On the site there are three existing signs including: a pole sign, a marquee sign and a roof sign. Roof signs are prohibited in the Media District Overlay Zone. Thus, the sign is legal non-conforming. The proposed business may use all of the existing signs as long as signs are not structurally modified; the only modification that is allowed is a change of face plate for the new business. The legal non-conforming signs must go toward the total square footage of signage allowed by Code.

Development Standards: No major structural modifications are proposed for the existing building on the site, however improvements to the exterior and interior are planned. Exterior improvements will be made to the parking lot and fa�ade and interior upgrades will be made to the bar and dining areas. Improvements to the parking lot design are proposed to improve vehicular circulation.  A condition of approval will require improvements to be made to increase the safety and functionality of the parking lot.  Although the parking lot landscaping is not required to conform to current parking lot landscaping requirements [BMC 31-1418], a condition of approval will require the applicant to provide landscaping around the perimeter of the parking lot and around the exterior of the building. No structural modification may be made to any existing signage unless the sign satisfies the current Code requirements.

Operational Standards:  The proposed site is approximately 230 feet from a residential zone and thus is not subject to operational requirements of the Residentially Adjacent Commercial and Industrial Uses (RACI) ordinance (BMC 31-1150 et seq.). The applicant will be required through conditions, however, to maintain the same standards as set in the RACI ordinance such as no loitering and the posting of a contact name to which complaints may be reported.

Parking: The Burbank Municipal Code parking requirement for restaurants is 10 spaces per 1000 square feet of restaurant space. The current site provides 39 (34 single and 5 tandem) parking spaces; this number does not comply with current requirements for new restaurants. The proposed project is a continuation of a previous 10 per 1000 square foot parking use, thus the use is legal non-conforming and new parking requirements are not invoked.

Public Correspondence: Public correspondences (both verbal and written) were received before the March, 28, 2005 Planning Board public hearing. A letter of support was received from a local business at 2921 W. Alameda Avenue endorsing the project as they expect it will be a boost to the local business economy (Exhibit C).  Additionally at the Planning Board meeting of March 28, 2005 a letter was distributed to the Planning Board regarding parking concerns from Dick Clark Productions (Exhibit C). This letter was the only negative public response received prior to or during the hearing.

At the March 28, 2005 Planning Board meeting many individuals spoke in support of the project. At the meeting approximately 20 individuals testified that they believe Dimples is an important part of Burbank and that it has been a positive establishment for the neighborhood. None of the public testimony at the Planning Board hearing was negative or in opposition to the project. (Exhibit E-1).

Other than this appeal and stated above, staff has not received any other correspondence on this matter.

ANALYSIS:

Surrounding Properties: The properties to the east, west and south of the subject property are commercial properties in the Media District Overlay Zone, including NBC studios, Acapulco�s Restaurant and Cantina, and a Mobil gas station. The nearest R-1 zone is located approximately 230 feet to the north. As such, the project site is not considered residentially adjacent. Currently Dimples is operating at a site that is residentially adjacent. This triangular site is buffered on three sides by streets, Alameda Avenue to the south, Olive Avenue to the north and Niagara Street to the east and  the rear abuts the back of a gas station building. Additionally, the subject property is somewhat buffered from nearby residential areas by other commercial uses. The proposed site would be a more compatible location for the use as compared to Dimples current residentially adjacent location.

Operational Characteristics:

Eighteen Month Operational Review: Due to the nature of the use and complaints about the business at its current site, there shall be a review by the Planning Board of the business� compliance with conditions of approval every 18 months of operation for the first three years. At each review staff shall present a summary of facts and will notify neighbors of the upcoming review meeting. During each review period the Planning Board shall review the operator�s compliance with conditions of approval and any impacts the project may have on the neighborhood.

Public Safety: The proposed site location will discourage misconduct by customers as it is can be under surveillance by the Burbank Police Department from three streets. Conditions of approval will prohibit and discourage previous inappropriate behavior.

Traffic: The amount of traffic generated from the proposed business would be similar to traffic generated by the restaurant previously established at the site. While the proposed use includes a bar, the peak hour trip generation for the proposed use is expected to be similar to the prior restaurant use on the site. A quality restaurant, such as Chadney�s, generates 85 peak hour trips (Exhibit C-6). The peak trip generation for the project is anticipated to occur between 8 p.m. and midnight, a time which is outside of the peak commuting hours and the peak trip generation period for many of the surrounding uses.  This addition of traffic to the surrounding street network is not significant and is not expected to negatively impact traffic flow. The proposed business is located on two major arterials and close to an access point to and from the 134 freeway. The peak hour trip generation for this project will not significantly impact circulation on these routes.

Site Access: The applicant�s proposed site plan shows vehicular access points along Niagara, Alameda, and Olive. The applicant would like to maintain these access points in order to assist with circulation and deliveries. However, as a result of concerns about the impact of site access on the circulation system, staff has proposed a two-way circulation pattern through the parking lot, with vehicles entering and existing on Niagara.   A condition of approval allows the applicant and property owner to work with Traffic Engineering staff to develop the best circulation for the site given the applicant�s concerns, however staff will ultimately have the discretion over which plan to select.

Parking: As discussed above, the proposed project has legal non-conforming parking. The proposed 10 per 1000 square foot parking use is a continuation of the previous 10 per 1000 square foot parking use on the site. The project site has 39 (34 single and 5 tandem) parking spaces in the existing parking lot. Additionally, there is on-street parking available on Niagara Street (between Olive and Alameda), Alameda Avenue and Olive Avenue surrounding the business that can provide approximately 38 parking spaces. The proposed business has only 25 parking spaces at its current location of 3413 West Olive Avenue so the new site will be providing more of an opportunity for off-street parking. Employees and customers are prohibited from parking in any residential zone through a condition of approval. A condition of approval will require the applicant to provide landscaping around the perimeter of the parking lot. These improvements will enhance the aesthetics of the site and make it more compatible with the surrounding neighborhood, and will not reduce the number of parking spaces.

The parking is currently being used during the day, under authority by the property owner, for an adjacent commercial business with traditional office hours.  A condition of approval requires that the property owner process an off-site parking covenant through the City so that staff may verify that the parking is not used by another use during the hours of operation for Dimples.  The two uses will not be able to overlap their use of the subject parking lot.  The property owner also owns other property in the vicinity, but was not able to commit to entering into a shared parking arrangement for the Dimples employees or customers.  The owner cannot confirm the availability of spaces during Dimples� hours of operation.

Deliveries: Large trucks will deliver food, alcohol and other restaurant supplies to the site. A condition of approval was adopted that permits deliveries to occur 7 days a week 8AM to 6PM. These hours will permit deliveries to occur at a time when they are the least likely to conflict with customer parking and peak traffic periods on the site.

Hours of Operation: Burbank Municipal Code does not limit business hours for projects that are not residentially adjacent.  The applicant, Mr. Ferraro, proposes that the hours of operation at this location would be 6 p.m. to 2 a.m., seven days per week. Many restaurants in Burbank operate with late closing hours. The Planning Board approved The Belaj banquet hall and restaurant, Project No 2004-85, with operating hours that end at 1:30 AM.  Other restaurants in the area are currently open until 2:00 AM; this includes Dalts Grill at 3500 West Olive Avenue and East Cost Deli Bar and Grill at 2825 W Olive Avenue. Acapulco�s Restaurant and Cantina at 3113 West Olive Avenue is open until 11:00 pm.  The proposed operating hours are the same hours as Dimples� current hours at their location of 3413 Olive Avenue.  The operating hours are appropriate for the type of use proposed for the site considering other restaurants in the neighborhood operate the same or similar hours. These hours of operations may be reviewed and revised at the 18 month review session before the Planning Board through a public hearing.

Dancing: Staff proposes that dancing be allowed incidental to the karaoke performance (i.e. karaoke performers may dance on stage while singing).  No nightclub dancing activities will be allowed. Dancing will be limited to a 100 square foot stage within the bar area.  The conditions are not intended to prohibit audience members from dancing at their seats along with the performances.

Alcohol: The proposed restaurant is requesting permission for a Type 47 alcohol license. The business at its current location has a Type 47 liquor license without any restrictions on the ratio of food to alcohol sales. Staff believes the business would improve its operational character by promoting the restaurant portion of the business and thus increasing food sales. The business would still maintain the unique identity of the karaoke nightclub. Additional square footage of the new site will allow Dimples to expand their food services and modify its current business practices. The Planning Board adopted a condition of approval that will require 35% of gross sales to be from food within five years. This is 15-20% more food sales than the current business does, according to the operator.  

Noise: The main sources of noise from the subject project would be from customer vehicles, noise of patrons entering and exiting the building, and the amplified music played inside the building. Conditions of approval will prohibit the production of noise that is audible in the surrounding neighborhood and adherence to this condition will be reviewed at the 18 month review before the Planning Board. Additionally, the geography of the proposed site will provide acoustic relief to surrounding neighbors as it is buffered by streets on all sides. Staff believes that there will be no significant impacts of sound on the surrounding neighborhood.

Light: Nighttime glare from lights illuminating the outdoor lot could affect the nearby residential neighborhoods if they are not installed and directed so as to minimize off-site glare.  As such, a condition of approval would require lights to be placed and aimed so as not to illuminate or create glare into the nearby neighborhoods.  Further, a proposed condition would require lights to be turned off or dimmed after business hours. This would ensure that no lights are aimed toward the residential neighborhood during overnight periods.

Department Comments: The subject application was routed to City departments and divisions for review and comment.

�        The Fire Department stated applicable code requirements regarding fire extinguishers, Knox key boxes, address numbering, occupancy load signs, and exit doors.  (Exhibit D-1)

�        The Police Department stated that �no loitering or drinking� signs must be posted in the parking lot areas (Exhibit D-2). Additionally, in conversations with the Police Department there were concerns raised over pedestrian safety for patrons walking from the proposed business and the existing Acapulco�s across Olive Avenue. Additionally the police expressed concerns over the character of the current business operations and suggested that the proposed project be required to maintain at least 50% gross food sales, and provide one security guard for every area in the facility.  The Police Department staff assisted Planning staff in creating and perfecting many of the conditions proposed.

The issue of the pedestrian cross walks was discussed with traffic engineering and their analysis concluded that installing new pedestrian infrastructure to aid in crossings from Acapulco�s and Dimples may result in an overall detrimental impact to pedestrian safety. Alternatively, they presented improvements (currently in the planning stages) to the Alameda Avenue and Olive Avenue intersection which staff believes will improve pedestrian access and safety. These improvements are part of the Capital Improvements Plan which is paid for by impact fees and is not part of the conditions of this project. These improvements are scheduled to begin construction June 2005.  Additionally, the Planning Board took staff�s recommendations into consideration during their deliberations with regard to the ratio of food to alcohol sales and ultimately determined that a 35% requirement for food sales was sufficient.

�        Aside from stating certain code requirements, the Public Works Department Traffic Engineering Division stated the need for improvements to the parking lot striping and the possible closure of existing driveways on Olive Avenue and Alameda Avenue (Exhibit D-3). The Planning Board worded the condition of approval on this matter in such a way to allow the Public Works Department the discretion to close the driveways, but also to allow the applicant the opportunity to work with staff to possibly keep one or all driveways open as the applicant and property owner did not want driveways on Olive and Alameda closed because of delivery concerns.  

�        License and Code Services provided comments on exterior trash containment, maintenance of the property, lighting, signage, and prohibited activities on the exterior of the building. All comments and requirements suggested were included as appropriate in the Conditions of Approval (Exhibit D-4).

�        The Transportation Division provided comments concerning the trip generation of the proposed business. Staff believes that the business will generate a minimal amount of traffic within on-peak and off-peak hours and would not trigger significant impacts on the adjoining street intersections. These comments are discussed in a previous section regarding traffic (Exhibit D-5)  

�        Any exterior improvements shall be approved prior to plan check by the Burbank Redevelopment Agency (Exhibit D-6).

Other departments or divisions stated that they had no objections or comments to the subject application. All applicable comments summarized above have been incorporated into the proposed conditions of approval.

Planning Board Public Hearing: On March 28, 2005, the Planning Board voted 4-1 to approve the applicant�s request, for a conditional use permit to operate a restaurant with a drinking establishment and a karaoke nightclub in the MDC-3 Media District General Business zone (Exhibits E-1 & E-2). At the public hearing 18 people spoke in favor of the project citing that it was a �cultural landmark�, �an international draw�, �compatible with media industry� and a �nice and clean establishment�. No one at the meeting spoke against the project. Staff recommended 49 conditions of approval limiting the operations of the business. The Planning Board approved the project with modified conditions of approval.

The following table lists the major conditions of approval that were modified and approved by the Planning Board in comparison to the initial recommendations of staff.

Appeal: Project 2004-151 was appealed on April 8, 2005 by Linda Matsumoto with legal representation by Phil Berlin. A letter accompanying the appeal addressed the issues in detail and stated that the basis of the appeal was the belief that four of the six findings for a Conditional Use Permit could not be made (Exhibit E-2). The major items noted by the appellant in her opposition to the project are listed in summary below. Each item is followed by a discussion by staff.

(1)During the hearing there was no statement by the Planning Board that the required findings could be made for this project. The hearing was flawed procedurally as well as substantively. The Planning Board discussed how all the required findings were able to be met. The Planning Board affirmed, through their comments, that all the findings were made. In discussions during the meeting, the Board Members commented that the use was appropriate for the site and compatible with the neighborhood (Exhibit E-1). By approving the CUP the Board indirectly found that all the required findings were met as stated in the staff report and resolution which they received a copy of before the meeting. Additionally, at the meeting there was no statement made that any finding could not be met.

(2) The issue of pedestrian safety for crossing at Niagara and Olive and Fairview and Olive was not addressed.  There are current problems with Dimples operations that prove it is not a compatible use for this new site. The issue of pedestrian safety was discussed in the Board report. The report discussed appropriate action that is being taken to improve pedestrian access at the intersection of Alameda and Olive. The Traffic Engineering Division has recommended that no improvements be made to the Niagara or Fairview crossings since a marked crossing without signalization can provide a false sense of security and may create a dangerous situation. The Planning Board did not discuss this issue at the meeting, likely because it was thoroughly covered in the report.

(3) The project (Karaoke Nightclub, Bar and Restaurant) is not compatible with the surrounding neighborhood, especially the residential neighborhood. The surrounding neighborhood is a mix of media commercial and retail uses and residences further to the north. The proposed use (�Dimples�) has been operating in Burbank for 23 years, and has become a landmark of the Media District. The proposed karaoke nightclub, bar and restaurant use caters to the media community and thus will be complementary to the media offices that operate in the district. The use will provide a facility for employees and visitors to the Media District to sing karaoke, eat, and socialize. The nearest adjacent use to the project site is the Mobil gas station. The project site is approximately 230 feet away from a residential zone and is buffered on all sides by other commercial uses and by Alameda Avenue, Olive Avenue and Niagara Street. The site is not residentially adjacent as defined by Burbank Municipal Code (a residentially adjacent site is within 150 feet of a residential zone).  The site is easily visible on all sides from the surrounding streets. Police have the ability to patrol the area on all sides, and traffic on the surrounding streets will buffer any noise that the business produces. The location of the site will minimize any negative impacts, such as noise, light and traffic, created by the proposed business. The site at 3000 Olive Avenue is a preferential site for the project compared to the existing site of Dimples which is residentially adjacent. Additionally, conditions of approval relating to noise, light, trash, loitering and alcohol service and other issues, will ensure that potential impacts are adequately mitigated and that the business is compatible with nearby residential areas.

(4) A �nightclub use� or �karaoke club� is not a conditionally permitted use in the MDC-3 Media District General Business Zone.  The Planning Board Amended the Media District Specific Plan by adding this as a Conditional Use without public hearings.  This amounts to a zone text amendment without notice to create a �new use.�  This is not a continuation of the previous use as Chadney�s was a full service restaurant, not a nightclub.  The Planning Board did not amend the Media District Specific Plan.  The use of a �nightclub� and �cocktail lounge/bar� are permitted under a CUP for the MDC-3 as amended by the City Council with Ordinance No. 3400 which added �nightclub,� �cocktail lounge/bar� and �drinking establishment� to the conditionally permitted uses in the MDC-3 zone (Exhibit E-3). This ordinance was adopted May 13, 1995 via a zone text amendment and with the proper noticing and public hearings for such an ordinance which included a public hearing at the Planning Board who recommended approval of the change and one at the City Council meeting adopting the change. A �Nightclub� is defined as an �establishment that engages in the sale of alcoholic beverages in conjunction with dancing, regardless of whether or not such establishment is simultaneously offering full restaurant meal service� and a �cocktail lounge /bar� is defined as �a salon, bar, pub, tavern or similar place used primarily for drinking alcohol and designed for social interaction and/or entertainment (BMC 31-203). A definition for nightclub is broadly defined to encompass a �Karaoke Nightclub� just as it would include a �Salsa Nightclub� or any other themed nightclub; a �Karaoke Nightclub� is a type of nightclub and in this case, a type of drinking establishment.  Staff agrees that this use is not a continuation of the use that was there before.  While it is not clear what type of use Chadney�s was, we only have City records that indicate it was a restaurant.  Therefore, the CUP was required to change the use to the nightclub/drinking establishment.

(5) It is unclear if notices were mailed to the all property owners and tenants within a 1000 foot radius of the project. The meeting was run according to bylaws set in the Burbank City Charter. Notices for the public hearing were mailed to 1000 foot radius and mailing receipts provide evidence of that mailing. The public hearing was noticed in the Burbank Leader on March 16, 2005.  Additionally, there were 2 articles published in the Burbank Leader on March 23, 2005 and on March 26, 2005 describing the project and proposed conditions of approval.

(5) Parking and other impacts will spillover onto the nearby residential neighborhood. Other impacts could relate to urination in public due to the lack of bathrooms. While the site is nearby many commercial uses and about 230 feet from residential lots, it is located on an �island� which will reduce potential impact to the neighborhoods which are across a major arterial and farther up the block.  The parking lot has 39 parking spaces (5 which are tandem) which is a legal non-conforming situation.  Given the hours of operation, the maximum amount of street parking will be available during this business� peak hours. The business will be required to provide bathrooms according to Burbank Municipal Code. Based on the proposed site plan no additional bathrooms are required by code. Future interior or exterior improvements may trigger disability upgrades.

(6) To allow 25 people to stand in line only encourages loitering. Staff had originally proposed that up to only 10 people be permitted to stand in line for the business.  Staff agrees that having more people stand in line can contribute to patrons loitering.  However, the project is located on an �island� where activities can be easily seen from the street.  Additionally, staff feels it is important for the proper security checks to be made before patrons enter the building (like checking for identification) which is usually the cause of a longer line.  Additionally, a condition of approval was required that the facilities provide a total of three guards and one of their duties is to ensure patrons do not loiter in the parking lot.

Environmental Review: The proposed project is determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the state CEQA Guidelines pertaining to existing facilities involving negligible or no expansion of use (Exhibit G).

CONCLUSION:

It is staff's assessment that the six findings required for approval of a conditional use permit pursuant to BMC Section 31-1936 can be made for the proposed project.

REQUIREMENTS FOR GRANTING A CONDITIONAL USE PERMIT:

(1)                The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by Chapter 31 of the Burbank Municipal Code.

Burbank Municipal Code (BMC) Section 31-502 permits the operation of a �nightclub� and �cocktail lounge/bar� in the MDC-3 Media District General Business Zone upon approval of a conditional use permit. Additionally, section 31-502 permits the operation of a �restaurant� in the MDC-3 Media District General Business Zone. 

(2)                The use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.

Surrounding commercial uses include restaurants that open late evening hours, NBC Studios, a gas station, an auto lube station, and general office businesses. The restaurant and nightclub business proposed will serve the employees of NBC studios and other media studios and offices in the areas.  The proposed use will operate during hours when other media office uses in the area are closed and thus the impacts of noise, light and traffic from the use will be minimal. Additionally, the proposed use would be conditioned in terms of noise, light, food and alcohol service, and landscaping to minimize the impacts to the surrounding neighborhood. The proposed use would be consistent with other uses existing in the area and other uses permitted in the MDC-3 zone, and would not be detrimental to any such uses.

(3)                The use will be compatible with other uses on the same lot, and in the general area in which the use is proposed to be located.

With the proposed conditions of approval, the business would have little to no impact on nearby commercial uses or residential neighborhoods. The proposed use (�Dimples�) has been operating in Burbank for 23 years, and has become a landmark of the Media District. The proposed karaoke nightclub, bar and restaurant use caters to the media community and thus will be complementary to the media offices that operate in the surrounding neighborhood. The use will provide a facility for employees and visitors to the Media District to sing karaoke, eat, and socialize. The nearest adjacent use to the project site is the Mobil gas station. The project site is approximately 230 feet away from a residential zone and is buffered on all sides by other commercial uses and by Alameda Avenue, Olive Avenue and Niagara Street.  The site is easily visible on all sides from the surrounding streets. The location of the site will minimize any negative impacts, such as noise, light and traffic, created by the proposed business. Additionally, the proposed conditions of approval related to noise, light, trash, food and alcohol service and other issues, will ensure that any impacts are adequately mitigated and that the business is compatible with nearby residential areas.

(4)                The site for the proposed use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls, landscaping, and other features required to adjust the use to the existing or future uses permitted in the neighborhood.

The project site is adequate in size and shape to accommodate the proposed use. In fact, the site is ideal for this type of use because it can easily be monitored by the police from all sides. The project site has an existing parking lot that will maintain appropriate backup distances and circulation driveways. There is street parking available in the Media District Commercial zone and the peak hours of other operations do not overlap with other adjacent businesses. The existing 7,800 square foot building provides sufficient space for restaurant, cocktail lounge/bar and nightclub uses. Although landscaping is not required by code, a condition of approval will require that landscaping be placed around the perimeter of the parking lot and around the exterior of the building.

(5)                The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.

The project site is bordered by two arterial streets that will accommodate any traffic generated by the proposed business. Additionally, the site is located in close proximity to the 134 freeway on-ramp and off-ramp, which will provide regional access. The majority of trips to the site will come from Olive Avenue and Alameda Avenue and enter the site on Niagara Street. These travel patterns ensure that there will be minimal impacts on the surrounding local street network. 

(6)                The conditions imposed are necessary to protect the public health, convenience, safety, and welfare.

The conditions of approval would mitigate any potential impacts on surrounding uses and properties that might result from the subject business. The review periods proposed will allow changes to be made to the amount of alcohol sales and hours of operation if deemed necessary by the Burbank Police Department or the Planning Board.

RECOMMENDATION:

Staff recommends that the City Council deny the appeal and uphold the Planning Board�s decision to approve Project No. 2004-151 Conditional Use Permit subject to the conditions of approval.

LIST OF EXHIBITS:

Exhibit  A-1      Zoning/Public Noticing/Fair Political Practices Act Compliance Map

              A-2      Notice of public hearing

Exhibit  B-1      Conditional Use Permit application package

              B-2      Site plan & floor plan

              B-3      Letter from Property Owner, Howard Family Limited Partnership

Exhibit C Public Correspondence

Exhibit  D-1      Fire Department review comments

              D-2      Police Department review comments

              D-3      Public Works Department review comments

              D-4      License and Code Services Division review comments

              D-5      Transportation Division review comments

              D-6      Burbank Redevelopment Agency review comments

              D-7      Burbank Water and Power review comments

Exhibit  E-1      Planning Board Resolution No. 2977

              E-2      Planning Board Minutes, dated March 28, 2005

              E-3      Ordinance No. 3400

Exhibit  F          Appeal of Project 2005-151

Exhibit  G         Public Notice of Environmental Decision

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