PURPOSE:

 

To consider a request by Fairfield Properties/Crown Realty to develop a project consisting of 300 multifamily residential units (including 44 townhome style units and 256 stacked flats) and 1,000 square feet of retail space at 1935 North Buena Vista Street. The proposal includes Tentative Tract Map No. 61361, which would allow the units to be sold as individual condominiums, and a General Plan Amendment to change the land use designation from General Manufacturing to Limited Commercial.

 

BACKGROUND:

 

Property Location: The project site is located at 1935 North Buena Vista Street, a 7.351 acre property on the southwest corner of Empire Avenue and Buena Vista Street. The property is located immediately to the north of an active railroad right-of-way.

 

Zoning:  The subject property is presently zoned M-2 General Industrial. Properties to the north and west of the site are zone M-2. The property directly south of the project site is zoned RR Railroad with R-1 Single Family zoned property located beyond the railroad right-of-way. The property to the east of the site is zoned Planned Development No. 97-3 and is specifically approved to be developed with office uses.

 

General Plan Designation:  The subject property has a General Plan Land Use designation of General Manufacturing. The General Manufacturing designation is intended to provide land for manufacturing, assembly, and fabrication, including large scale or specialized industrial operations. Residential uses are not compatible with this designation. As such, the proposal includes a request to change the General Plan Land Use Designation to Limited Commercial. Mixed use residential and residential only projects are acceptable land uses within this designation. The project site is also located within the Golden State Redevelopment Project Area.

 

Property Dimensions:  The property is nearly square shaped with approximately 573 feet of frontage along Empire Avenue and 601 feet of frontage along Buena Vista Street. The property has a 560 foot frontage on the abutting railroad right-of-way. The total area of the property is 7.351 acres.

 

Street Classifications:  The subject property fronts on two (2) public rights-of-way, Buena Vista Street and Empire Avenue. Buena Vista Street is designated as a major arterial with a 100 foot right-of-way (72 feet paved with 14 foot parkways). Empire Avenue is designated a secondary arterial with an eighty (80) foot right-of-way (68 feet paved with 6 foot parkways).

 

Current and Past Development: The project site is currently developed with two (2) single-story buildings, totaling 7,235 square feet and 123,883 square feet, and surface parking. The smaller building is currently occupied by a restaurant know as the Mongo Caf�. The larger building is presently vacant.

 

Beginning in 1952, the site was used as a surplus and scrap metal yard. The site was subsequently acquired by Lockheed, which constructed the current buildings in 1955. These buildings (known as the annex) were utilized as a CADAM facility for the development of CAD software. After Lockheed vacated the site, Warner Brothers renovated the larger building in 1996, utilizing the space for offices for its Studio Stores and animators.

 

The Lockheed Channel, a twelve (12) foot wide drainage channel, currently runs along the southern portion of the project site, adjacent to the railroad right-of-way.

 

Project Description: The proposed project involves the demolition of the existing buildings and the construction of up to 300 multifamily residential units, 1,000 square feet of retail space, and associated parking. (Exhibits B-1 through B-5) The residential units will consist of two (2) building styles. Forty-four (44) units are proposed to be constructed as townhomes, with two (2) levels of living space above an attached garage. These units are proposed to be in four (4) buildings located on the northern portion of the site. The townhomes will have a street orientation, either towards Empire Avenue, Buena Vista Street, or a private street that runs through the project.

 

The remaining units are located on the opposite of the private street from the townhome units. These units are designed as �stacked flats�, which are to be constructed in a four (4) story building. These units will be oriented around three (3) courtyards. The courtyards are proposed to include resort-style amenities, such as a pool, spa, and built in barbecue facilities. Parking for these units is proposed to be provided within a four (4) level parking garage on the southern portion of the property.

 

The proposed retail space is located at the corner of Empire Avenue and Buena Vista Street. The retail use is intended to be complimentary to the residential units and intended to have a pedestrian orientation. The three (3) townhome units adjacent to the commercial space along Buena Vista Street are proposed to be live/work units.

 

The four (4) level parking structure is proposed to be constructed on the southeast corner of the site. This parking structure is intended to provide parking for the larger residential building as well as for the commercial components of the project. The parking structure is proposed to be located across a fire access road from the �stacked flat� style units. Pedestrian bridges would connect the parking structure with the units.

 

 In order to construct the parking structure, the applicant has proposed a realigned storm drain over the Lockheed Channel consisting of a double-reinforced concrete box culvert replacing the channel, which is currently under capacity. This would allow for the construction of the parking structure and a proposed sound wall along the southern property line.

 

As part of the project, the applicant has requested a General Plan Amendment to change the land use designation to Limited Commercial. The Limited Commercial land use designation allows for a variety of commercial uses and, with approval of a Planned Development, residential only projects.

 

Municipal Code Conformance: Pursuant to Section 31-19119 of the Burbank Municipal Code, the Planned Development process is an alternate process to accommodate unique developments which would create desirable, functional and community environment under controlled conditions of a development plan. The proposed actions would change the zoning of the property to Planned Development No. 2004-64, which would allow for the proposed project to be constructed in lieu of the previously approved project.

 

As noted previously, the current zoning of the project allows for a variety of industrial and office uses. However, a component of this project involves a change in land use designation to Limited Commercial, which is generally consistent with a C-2 zoning. In general, C-2 zoning allows for the development of residential uses as part of a mixed use project subject to R-4 standards.

 

While the proposal would create a new zone with its own development standards, it is helpful to compare the project to what would traditionally be required in the C-2 and R-4 zones (Table 1), for the commercial and residential components respectively. The following table describes a particular development standard and compares the project to the code requirements if this were not a Planned Development zone.

 

Table 1: Comparison with General Development Standards

 

Development standard	Code requirement	Proposed project
Land Use (predominantly residential)	Planned Development	Subject Application
Density	1 unit per 1000 square feet (320 units)	1 unit per 1067 square feet (300 units)
Height	C-2 Standard � 50 feet for projects between 150 and 300 feet of R-1 zoned property   R-4 Standard � 27 feet for projects within 500 feet of R-1 zoned property	Townhomes � 35 feet Stacked flats � 50 feet Parking structure � 40 feet
Setbacks	C-2 Standard � 5 feet or 20 percent of building height (10 feet for tallest building), whichever is greater, for front and exposed street side setbacks.   R-4 Standard � 15 foot front yard, 10 foot street-side yard	Residential and commercial � 10 feet   Parking structure � 5 feet
Parking spaces	Retail = 3.3 spaces per 1,000 s.f. (3 spaces)   Restaurant = 10 spaces per 1,000 s.f. (10 spaces)   Multifamily residential = 1.75 per unit for 1BR units, 2 per units for 2+BR units, 1 guest space per 5 units (619 spaces)   Condominiums � 2 per unit (660 spaces)   Live/Work � No standard (proposed 2 spaces per 1,000 plus standard residential requirements)	Retail/Restaurant = 3.3 spaces per 1,000 s.f. (3 total spaces)   Residential = Exceeds apartment requirements (624 spaces)   Live/Work = 4 spaces per 1,000 s.f. (3 total spaces)   One additional handicapped space for retail   Total = 631 spaces
Tandem spaces	Tandem parking spaces may only be used on projects with three (3) or fewer units.	16 of proposed townhome style units include a tandem garage
Open space exposure	8� window looking onto common open space area or public street from primary living area	All units - 8� window looking onto common open space area or public/private street from primary living area
Common open space	150 s.f. per unit (45,000 s.f. total), minimum dimension of 30�x30� (80% open to sky)	Over 46,000 s.f. provided in areas with minimum dimensions of 30�x30�
Private open space	50 s.f. per unit, minimum depth of 5�	All units comply
Landscaping	R-4 Standard - 15% of total lot area landscaped, one tree per 40� frontage one of which must be a 48� box and the remainder must be 24� boxes (47,100 s.f.)	Project includes 69,000 s.f. of landscaped area. Landscaping proposed exceeds minimum requirements
Amenities	2 of: spa, gazebo, cooking/eating area with BBQ, fountain, reflection pool, water garden, or permanent outdoor seating.   1 of: lap pool, handball court, volleyball area, activity room, sauna, or putting green   1 of: swimming pool, tennis court, permanently equipped gym (min. 300 s.f.), or community room (min. 400 s.f.)	The submitted plans indicate that a clubhouse, a 60� x 100� pool/spa area, permanent BBQ area, putting green, and permanent outdoor seating areas.
Fa�ade requirements	Various requirements relating to average setbacks and plane breaks.	The project includes a variety of plane breaks, changes in materials/colors, and similar elements that achieve the visual variation intended by code requirements.
Art in public places	1% of total project cost	Will be provided, subject to committee approval

 

Public Outreach: In an effort to incorporate public input in the project, the applicant hosted a community meeting regarding the project on November 18, 2004, which was attended by seventeen (17) members of the public. The format of the meeting was to provide information on the project. None of the attendees indicated concerns about the project at that time and the developer has not received any additional correspondence. In addition to this meeting, the developer also sent two (2) separate follow-up letters, one (1) each to the attendees and to those people who received a notice and did not attend the meeting.

 

Public Correspondence: Prior to the Planning Board hearing the Planning Division received one (1) phone call inquiring about the project. During the public hearing, twelve (12) people spoke about the project. These speakers included a mix of people who were in favor of and opposed to the project. The primary concerns that were raised about the project related to overall traffic impacts in the area and the effect the project would have on parking. Since the Planning Board hearing, staff has received one (1) letter expressing concerns about the proposed setbacks along Empire Avenue. (Exhibit E)

 

Planning Board Action: The Planning Board considered the subject request at its regular meeting of September 12, 2005. The staff recommendation was to recommend the project for approval.

 

Following deliberations that focused on traffic and circulation impacts of the proposed project, setbacks from Empire Avenue, the loss of industrial uses, and school impacts, the Board recommended that staff include additional information in the staff report to the City Council. Specifically, the Board requested a discussion on schools and an analysis on the loss of industrial area. Additionally, it was requested that staff bring the timing for the Development Agreement into conformance with the Mitigated Negative Declaration and further develop design alternatives relating to the proposed right-in, right-out access along Buena Vista Street. The Board considered an amendment to the project, which was denied by a 3-2 vote, requiring a fifteen (15) foot setback along Empire Avenue. The Board requested that the record show that one of the primary reasons for this decision was the reduction in traffic impact as compared to the site as currently developed.

 

The Board voted 5-0 to recommend approval of the project (Resolution attached as Exhibit F-1; Minutes from September 12, 2005 Planning Board meeting attached as Exhibit F-2)).

 

ANALYSIS:

 

Planned Developments involve the establishment of new zones with established uses and development standards that are tailored to the particular development. The Planned Development process is intended to result in projects that would be harmonious with the surrounding community under the controlled conditions of a development plan.

 

Surrounding Neighborhood: The project site is located in an area that has been improved with a mixture of residential, commercial, and industrial uses. An active railroad right-of-way runs along the southern property line with a single family neighborhood beyond the railroad. The office component of the Burbank Empire Center is located on the east side of Buena Vista Street. To the west of the site is Robert Gross Park, a city park which includes softball fields and a tot lot. The properties on the north side of Empire Avenue are utilized by a mixture of commercial and light industrial business with single family residences located further to the north.

 

Project Characteristics: The proposed project involves the construction of 300 residential units, thirty (30) of which have been designated for affordable housing. As part of the Planned Development process, the developer has requested modifications from some of the standards typically applied to these projects in the interest of increased flexibility in design and resulting site constraints.

 

Architecture/Urban Design Features

The project site is located at a prominent corner which has high visibility. As such, the project architecture and urban design are important considerations. The project architecture is contemporary, utilizing a variety of angled elements, bright colors, modern materials, and large windows. The project design is intended to fulfill the following objectives:

• Fill out the block with buildings at the perimeter,

• Activate the ground plan with pedestrian oriented uses and streetscape,

• Set the parking structure to the rear of the site,

• Demarcate the corner of Buena Vista and the entry road with architectural form that serves as a project identifier, and

• Create a strong axis through the project that connects the site to the public park beyond.

The project has incorporated a variety of features to meet these objectives. The townhome buildings are oriented to the street with front stoops to activate the perimeter of the site and enhance the pedestrian orientation. The project incorporates internal pedestrian paths and landscaping which connect the various project components and the surrounding uses, including Robert Gross Park. The design includes additional landscape and hardscape features at the main project entrance in order to establish the project identity.

 

Affordable Housing

The applicant has stated that the entire project could be sold as condominiums. In the event that the residential units are sold as condominiums, staff has proposed a requirement that ten (10) percent of the units, thirty (30) total, would be reserved for moderate income buyers. In the event that project was not sold as condominiums, the thirty (30) units would be reserved for low income renters. The proposed conditions of approval address additional requirements regarding the design and location of the units. Pursuant to Section 65915(a) of the California Government Code, a local government shall provide an applicant with incentives or concessions for the production of affordable housing units. Reductions in site development standards, zoning code requirements, and architectural design criteria that exceed the minimum building code requirements are identified as possible concessions that a local government could provide. The affordable housing provisions of this project will be governed through an inclusionary housing agreement. (Exhibit E-2)

 

Proposed Commercial Areas

While the nature of the project is predominantly residential, the proposal includes 1,000 square feet of commercial space. The commercial space is located at the corner of Empire and Buena Vista in order to establish land use continuity with the surrounding corners. The applicant anticipates that the commercial space would be utilized by a coffee shop or similar use that would further be compatible with the residences and enhance the pedestrian character.

 

Additionally, three (3) of the proposed townhome units fronting Buena Vista Street are designed as live/work units. These units will include an office space of approximately 225 square feet on the ground floor which is to be utilized for business activities, such as art studios, general office space, and retail services such as travel and insurance agents. The commercial space would be oriented towards Buena Vista Street. The two (2) upper floors would be utilized as residential space.

 

While additional commercial space has been considered for the project due to its relationship to the intersection, the project is not currently designed to accommodate additional commercial space. For example, the majority of the parking for the project is provided within the parking structure, which is a relatively large distance from the commercial corner. Likewise, establishing additional commercial space could interfere with the design of the townhome units, which are intended to be oriented to the street.

 

Density

Mixed use and residential only development in commercial zones is generally evaluated based upon the density limitations of the R-4 zone. On July 12, 2005, the City Council adopted new density limits in multifamily zones, which became effective on August 16, 2005. Under the new standards, the maximum density in the R-4 zone is one (1) unit per 1,000 square feet of lot area. The proposed 300 unit project has a density of one (1) unit per 1,067 square feet of lot area, below the new standards.

 

Height

In Burbank, the maximum permitted height of buildings is a function of a property�s zoning and its proximity to residential zones, particularly single family zones. As an M-2 zoned property, the maximum building height permitted on the site is fifty (50) feet with a conditional use permit. A similar height restriction would apply to the property as a C-2 zone. Multifamily residential zoned property is limited to a maximum height of thirty-five (35) feet for properties within 500 feet of a single family zone.

 

The �stacked flat� building is proposed to have a maximum height of fifty (50) feet, which is in excess of the height limits typically applied to residential zones but consistent with the commercial standards. This building is located thirty (30) feet from the southern property line, which is approximately 200 feet from the nearest single family zoned property.

 

The townhome buildings are proposed to have a maximum height of thirty-five (35) feet with a twenty-eight (28) foot ceiling height. This proposed height is generally consistent with the height limitations for multifamily projects within 500 feet of a single family zone, which are limited to twenty-seven (27) feet to the top plate with roof and architectural features permitted up to thirty-five (35) feet. These units are approximately 230 feet from the nearest R-1 zoned property.

 

The parking structure, which is located on the southeast corner of the site, has a maximum height of forty (40) feet. The parking structure height enables the project to both provide the required parking and act as a sound barrier protecting the residential units from railroad noise. This proposed height is within the commercial and industrial height limits for properties between 150 and 300 feet of single family zoned property. The location of the structure is approximately 200 feet from the nearest single family zone.

 

Setbacks

Commercial and industrial properties are generally required to maintain a setback of either five (5) feet or twenty (20) percent of the building height, whichever is greater. Multifamily residential properties are typically required a fifteen (15) foot setback in the front yard area and a ten (10) foot setback on side yards that are exposed to the street.

 

The proposed residential buildings maintain a minimum setback of ten (10) feet from both Empire Avenue and Buena Vista Street. These setbacks are in excess of the commercial setback requirement and consistent with the residential street facing side yard requirements. However, they are less than fifteen (15) foot residential front setback requirement.

 

A ten (10) foot setback provides room for landscaping and yard areas that will accentuate the building design and soften the massing of the building while maintaining a pedestrian orientation. Additionally, the sidewalk along Empire Avenue is proposed to be twelve (12) feet wide. Nevertheless, staff believes that a fifteen (15) foot setback along Empire Avenue can be accommodated within the site plan through minor reductions in open space areas. As such, staff proposes that the setback from Empire Avenue be consistent with the residential front yard requirements.  

 

The parking structure is proposed to have a minimum setback of five (5) feet from Buena Vista Street. The Burbank Municipal Code requires above grade parking structures to maintain an average setback of five (5) feet along street frontages. 

 

Parking 

As proposed, the project includes 631 parking spaces, which are proposed to be provided in a combination of individual garages, surface parking, and a four (4) level parking structure. The townhome and live/work units are proposed to be provided with individual garages. Parking for the �stacked flat� units is to be provided within the parking structure, which will be connected to the units by pedestrian bridges. The commercial parking and additional live/work parking will also be provided within the structure. The surface parking areas are proposed to be available for guests and prospective tenants.

 

The applicant has proposed to park all of the residential units in accordance with the City�s parking requirement for apartments. This parking requirement establishes a standard of 1.75 spaces per one bedroom unit and two (2) spaces per unit for two or more bedrooms. The commercial space is proposed to be parked at 3.3 spaces per 1,000 square feet, and the live/work space is proposed to be parked at four (4) spaces per 1,000 square feet. Additionally, the project includes an additional disabled space for the retail use and six (6) spaces that are reserved for a leasing office.

 

In general the parking provided is consistent with or in excess of the City�s standards for the uses. It is the applicant�s intent to allow the retail space to be utilized as a caf� or similar use. These uses are considered restaurants under the Municipal Code and would be subject to a parking requirement of ten (10) spaces per 1,000 square feet. However, due to the location and pedestrian orientation of the project, the applicant anticipates that such a use would generate less parking demand than typical. Furthermore, the guest spaces for the project could be shared with users of the commercial space.

 

Likewise, the applicant wishes to maintain the flexibility to sell all of the residential units as condominiums. The Burbank Municipal Code establishes a two (2) parking space per unit requirement for condominiums regardless of size. This requirement is based on the premise that condominium owners are more likely to own multiple vehicles and a requirement that spaces be permanently assigned to individual units. As a result, forty-two (42) additional parking spaces would be required for the project if sold as condominiums than as apartments. In the event that the proposed one (1) bedroom units are converted to condominiums, staff recommends that the condominium parking requirement be applied.

 

There are no established parking standards in the Municipal Code for live/work units. The applicant has proposed to provide four (4) parking spaces per 1,000 square feet for the commercial portion of these units. The premise of a live/work situation is that at least one of the employees also lives in the unit. The majority of live/work uses tend to be office and retail in nature. As such, staff recommends evaluating the live/work units based on a parking requirement of two (2) spaces per 1,000 plus the typical residential requirement. This recommendation is based on a reduction from the standard office and retail requirements based on at least one of the employees living on-site.

 

Tandem Spaces

The plans indicate that the parking for sixteen (16) of the proposed townhome units will be provided in tandem garages. The Burbank Municipal Code restricts the use of tandem spaces for required parking to projects of three (3) or fewer units. This restriction is based, in part, on concern that the tandem spaces will not be adequately utilized and result in use of guest parking and on-site parking by residents.

 

For this project, the likelihood that these spaces will be underutilized is reduced by two factors. First, there is not readily available on-street parking that could be used by residents of the townhomes to supplement parking. Furthermore, the majority of the guest parking is located in the parking structure, which is not located in close proximity to the townhome units.

 

Multifamily Development Standards

As noted previously, the City Council recently adopted new development and design standards for multifamily residential projects. While this project was submitted prior to the adoption of the new standards, staff has evaluated it with regard to the new standards. The project meets or exceeds all of the new standards with the exception of the setback standards, which are discussed above, and the average setback requirements.

 

Under the new standards, the average setback of a building is required to be two (2) feet beyond the minimum setback and a minimum percentage of the building must be constructed on either side of the average setback. The average setback requirements are intended to insure that new multifamily projects incorporate variations in plane in order to minimize massing and provide visual variation.

 

The proposed project design incorporate a variety of techniques that are intended to provide visual breaks, such as recessed balconies, entry porches, awnings, changes in materials and colors, and fa�ade articulations. However, the design of the townhome units in particular is intended to create an urban feel, with stoops and facades with fewer articulations. Nevertheless, the design complies with the intent of the standards in that it incorporate changes in materials, vertical elements, and balconies. As such, based on the architecture submitted, staff is comfortable that the intent of the standards as been met even though all of the elements have not been incorporated.

 

Landscaping

The Burbank Municipal Code establishes separate landscaping requirements for residential and commercial/industrial projects. Since this project is predominantly residential in character, staff has evaluated the landscaping based upon the multifamily landscape standards.  

 

The multifamily landscape standards require fifteen (15) percent of the lot area to be landscaped. For this project, the minimum requirement would be 47,100 square feet of landscape area. The plans indicate that the project will include 69,000 square feet of landscaped area. The project also exceeds the minimum requirements for trees.

 

In general the landscape design is intended to provide areas to facilitate the use of outdoor areas for active and passive recreation. The street frontages are intended to compliment the required street trees, providing colorful landscaping to accentuate the residential frontages and encourage a pedestrian environment. The project landscaping, through the use of camphor trees, is intended to provide shade for areas of pedestrian and vehicular circulation and soften the appearance of the private street system.

 

Traffic/Circulation

The project has three (3) vehicular access points, two (2) along Buena Vista Street and one (1) from Empire Avenue. The main project entrance is located on Buena Vista Street and leads to the private road which separates the townhomes and �stacked flats�. A second entrance on Buena Vista Street, located between the �stacked flats� and the parking structure serves as the primary vehicular access to the parking structure. A third entrance, located on the northwest corner of the site, would provide access to the site from Empire Avenue. While these entrances primarily serve different portion of the project site, vehicular traffic is able to circulate through the site by utilizing a one-way westbound private street that separates the townhomes from the flats and a two-way fire access road which runs along the perimeter of the project.

 

As part of the environmental review for the project, a traffic study was prepared by Austin-Foust Associates. The study indicates that the project will not result in a significant traffic impact at any of the study intersection and would require no intersection improvements. However, as part of this project, the applicant is dedicating right-of-way to the City which will enable the construction of additional improvements to the intersection of Empire Avenue and Buena Vista Street which will further reduce congestion at the intersection. The study indicated that the only traffic mitigation measure for the project would be to insure that the Police Department and Fire Department were notified prior to lane closures to insure that such closures would not negatively impact response times.

 

The traffic study estimates that the project will generate approximately 2,030 average daily trips (184 PM peak hour trips). In contrast, the existing development, as currently constructed, would generate approximately 2,284 average daily trips (264 PM peak hour trips). Up to a 250,000 square foot office development could be built �by-right� on the site, which would generate approximately 2,753 average daily trips (373 PM peak hour trips).

 

In general, residential uses create fewer trips than commercial and industrial uses of similar size. Commercial uses that are part of a residential project experience lower trip generation than a similar use would in a stand-alone situation do to the increased likelihood of walking trips from the residences. However, any additional floor area would ultimately result in additional trips. For example, a convenience market is expected to generate an additional 34.57 trips per 1,000 square feet during the PM peak. While it is reasonable to assume that a market in a project such as the proposed would have somewhat lower trip generation due to residential proximity, it would still be expected to result in an overall increase in the trip generation when compared to the project without the convenience market.

 

Pedestrian Circulation

Pedestrian linkages between the various project elements and surrounding uses are particularly important for a project of this size. The project plans incorporate sidewalks and decorative crosswalks throughout the project. The project is proposed to include direct access, subject to the approval of the Parks, Recreation, and Community Services Department, to Robert Gross Park along the common property line in order to provide additional recreation opportunities. The project also includes pedestrian bridges that link the parking structure to the units.

 

As part of the General Plan update, the Planning Division is recommending that the project site be considered a Boulevard Commercial. This land use is intended to include standards designed to enhance pedestrian character. As such, the project is being required to dedicate additional right-of-way along Empire Avenue in order to construct a twelve (12) foot wide sidewalk along the front of the project. This sidewalk is intended to facilitate pedestrian movement along Empire toward the park and enhance the pedestrian character of the project.

 

Noise/Sound Walls

The project site is located adjacent to an active railroad right-of-way and at-grade crossing. As a result, residents are likely to experience noise from railroad activity, including horns. In consideration of this effect, a sound barrier has been incorporated into the project along the southern property line. The sound barrier includes the proposed parking structure and a twenty (20) foot solid wall which is intended to block direct noise. As a result of these elements, noise energy will only reach the site by diffracting over the top of the barrier, reducing the sound level experienced by the residential units. Additionally, the units will be required to meet all applicable Building Code requirements for sound protection.

 

Like any construction activity, the proposed project is likely to create a temporary increase in the ambient noise levels of the area. The project will be subject to the construction hour limitation established by the City Noise Ordinance (7:00 a.m. to 7:00 p.m. Monday through Friday; 8:00 a.m. to 5:00 p.m. Saturday; and no construction on Sundays or holidays). Additionally, the project will be required to comply with mitigation measures to further lessen the impact of construction noise. These include a prohibition on pile driving, muffling of equipment, requiring noise generating equipment, such as air compressors, to be located as far to the north of the site as possible, and a prohibition on idling.

 

Aesthetics

The sound barrier and parking structure are proposed to be located on the southern portion of the site. This part of the site is separated from the nearest single family uses by approximately 200 feet. However, the proposed construction will be visible from these properties across Vanowen Street. This visibility raises concerns on the aesthetic impacts of this type of massing on the surrounding neighborhood.

 

As a result of these concerns, the applicant has proposed to incorporate climbing vines along the southern elevation of the parking structure. Additionally, while the majority of the parking structure elevation will be constructed with rusticated formed concrete, it will include vertical and horizontal lines of smooth concrete which creates additional visual variation. Likewise, the sound wall incorporates textured and recessed smooth concrete panels in order to create visual variation.

 

Signage

The Burbank Municipal Code limits the number of ground signs to one (1) per property. This limitation is applied equally to properties, regardless of the size or amount of street frontage. As part of the project, the applicant has requested to construct four (4) project identification ground signs: one (1) at each vehicular entrance and one (1) at the intersection of Empire Avenue and Buena Vista Street. Given the size of the property and the amount of street frontage, it is staff�s assessment that the additional signage will not detract from the overall character of the site.

 

Storm Drainage Facilities

As part of the project, the applicant has proposed a realigned storm drain over the Lockheed Channel consisting of a double-reinforced concrete box culvert to replace the channel. The site presently accepts off-site draining from Empire Avenue. The project includes a proposed catch basin which would replace this inlet and connect the drainage to the new culvert. The proposed modifications to the storm drainage facilities would be conducted in accordance with applicable FEMA regulations. Additionally, the project will be required to meet all requirements of the National Pollution Discharge Elimination System (NPDES).

 

Schools

During the Planning Board hearings, a resident expressed concerns about the impact that this project might have on school facilities. Prior to issuance of building permits, this project will be required to pay Burbank Unified School District development impact fees for both the residential and commercial components. These fees are intended to offset the incremental impact that each new construction project has on school facilities. According to SB 50 (Government Code �65995), development impact fees are full mitigation for any impacts on schools. Thus, a project can not be denied on the basis of school impacts if a development impact fee is assessed. Furthermore, recently the Burbank Unified School District has indicated that the District does not currently have concerns about overcrowding.

 

Based upon the number and types of units, the project is expected to generate fifty-one (51) school aged students (27 elementary, 12 middle school, and 12 high school). The project site is located within the attendance boundaries of the following schools: Providencia Elementary (Ontario and Pacific), Luther Burbank Middle School (Jeffries and Pepper), and Burbank High School. The Providencia Elementary attendance boundary also includes the residential areas that are west of Buena Vista Street and north of Empire Avenue. Providencia Elementary has been experiencing declining enrollment levels in recent years.

 

Proposed General Plan Amendment

The proposed project includes a General Plan Amendment which would change the land use designation of the property from General Manufacturing to Limited Commercial. The General Manufacturing designation does not include provisions for residential units whereas the Limited Commercial designation includes a provision for residential only project through the Planned Development process.

 

In 1989, the voters of Burbank adopted Measure One, which prohibited any amendments to the Land Use Element which increase the maximum allowable number of residential units in the City between 1994 and January 1, 2000 without voter approval. In 2000, the provisions of Measure One were extended through January 1, 2010 by vote of the City Council.

 

In 1998, the City Council adopted a General Plan Amendment which states:

 

Land Use Element amendments that increase housing capacity may be offset by amendments that decrease housing capacity in order to achieve compliance with the Measure One prohibition against Land Use Element amendments which increase the City�s overall housing capacity.

 

A 1998 Ordinance reduced both the lot coverage and the permitted height for multiple family residential projects within 500 feet of property zoned R-1. This change reduced the effective capacity of approximately 161 acres of medium and high density multiple family residential land in Burbank, reducing the theoretical housing capacity of the City by approximately 3,323 dwelling units. A General Plan Amendment approved in 1999 subsequently reduced this credit to 1,900 units. The most recent amendments to the multifamily development standards further decreased the theoretical residential capacity and added additional credits. The proposed General Plan Amendment would remove 300 units from the existing credit. As a result, the proposed Amendment would not increase residential capacity in conflict with the provisions of Measure One.

 

In the current General Plan Land Use update, the project site is being considered to be changed to a Boulevard Commercial designation. The proposed mixture of uses is consistent with the proposed designation.

 

Transition of Industrial Land Use

The proposed General Plan Amendment would convert the 7.351 acre parcel from General Manufacturing to Limited Commercial. Under the current General Plan, there are approximately 1,050 acres of land that are devoted to industrial uses, 750 of which are within the General Manufacturing designation. The proposed change in land use constitutes a decrease in area of less than one (1) percent, an insignificant reduction.

 

Furthermore, the nature of industrial uses has changed considerably in recent years. The amount of large scale manufacturing being conducted in Burbank, and the country as a whole, has decreased. Industrial areas are transitioning from traditional manufacturing to flexible technology industries which do not require the same land area that traditional industry required. In Burbank, in particular, the industrial areas are transitioning to businesses that support the film industries, such as sound and video editing facilities, which often function in a manner similar traditional office environment.

 

Department Comments: The subject application and plans were routed to City departments and divisions for review and comment. No departments or divisions expressed opposition to the project. All requested conditions of approval have been incorporated into the project and are listed under the appropriate heading. All code related comments from the departments and divisions (Exhibits C-1 through C-7) have been included in the partial list of code requirements. 

 

Environmental Review: Pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration has been prepared for the project which indicates that, with the incorporation of the proposed mitigation measures, the project will not have a significant impact on the environment. The Mitigated Negative Declaration specifically identifies potential impacts and mitigation relating to aesthetics, air quality, cultural resources, noise, transportation/traffic, and utilities. (Exhibit D)

 

CONCLUSION:

 

The purpose of the Planned Development process is to provide an alternate process to accommodate unique developments for residential, commercial, professional, or other similar activities, including modified development standards which would create a desirable, functional and community environment under controlled conditions of a development plan.

 

Planned Development Findings

Section 31-19127(h)(3) of the Burbank Municipal Code states that prior to approval of a Planned Development, the Planned Development must be found consistent with the General Plan and all applicable community plans and that the design criteria identified in Section 31-19124 of the Burbank Municipal Code have been satisfied.

 

General Plan and Community Plan Consistency

The Land Use Element of the General Plan identifies the Planned Development process as a means to facilitate and encourage unique development projects provided that development is consistent with the General Plan. A component of this project is to change the General Plan designation for the subject property to Limited Commercial. This designation is intended to provide land primarily for general commercial uses such as business and professional offices, retail sales, and commercial services. Limited Commercial areas can also be considered appropriate for mixed-use developments which combine compatible retail, office, and residential uses and, through the Planned Development process, multifamily residential projects.

 

The City has established several policies relating to development of commercial land uses. These policies include the graduation of building heights based on proximity to single family properties, encouraging and promoting the overall improvement and general maintenance of commercial areas, and the exclusion of those commercial uses which may be intrusive, offensive, or unsightly to adjacent residential and commercial uses.

 

The proposal is consistent with the uses and policies established for the Limited Commercial land use designation.

 

Design Criteria

Section 31-19124 of the Burbank Municipal Code establishes nine (9) design review criteria for Planned Development applications.

 

q       The design of the overall planned development shall be comprehensive and shall embrace land, buildings, landscaping and their interrelationships and shall be substantially consistent with the General Plan and any applicable Element of the General Plan.

The project has been designed to include consistent features that are carried throughout the project. The project has integrated its landscaping into the overall project design as a method for highlighting project features as well as providing residents with green space for active and passive recreation. The project is consistent with the goals and objectives of the Limited Commercial land use designation, which has been proposed for the site and has been developed to include dedications and other improvements to insure that adequate transportation, drainage, and utility infrastructure can be accommodated.

  

q       The planned development shall provide for adequate permanent open areas, circulation, off-street parking, and pertinent pedestrian amenities. Building structures and facilities and accessory uses within the planned development shall be well integrated with each other and to the surrounding topographic and natural features of the area.

The project site is over seven (7) acres in size. Over two (2) acres of the site is devoted to usable open space areas, including pedestrian paths and active and passive recreation facilities. The project, as proposed, meets the City�s parking requirements for apartment projects and, if sold as condominiums, will be required to meet those standards. While each building is unique, they are designed with a consistent architectural style and common elements.

 

q       The planned development shall be compatible with existing and planned land use on adjoining properties.

 

The project involves the construction of 300 residential units and approximately 1,000 square feet of commercial space. The commercial space is intended to serve the immediate neighborhood, including the residents and office workers in the area. The commercial use is not a size that is likely to conflict with other uses in the area. The proposed placement of the residential units and the construction of sound walls will reduce the potential for the project to be incompatible with the abutting railroad. The surrounding commercial and industrial uses will not be negatively impacted by the project. Furthermore, the proposed project will result in an overall reduction in traffic in the area when compared to the existing uses on the site.

 

q       Any private street system or circulation system shall be designed for efficient and safe flow of vehicles, pedestrians, bicycles, and the handicapped, without creating a disruptive influence on the activity and functions of any area or facility

 

The project includes a private street and fire access road. Both have been designed in accordance with City standards. The private street has been designed to include a crosswalk areas and a sidewalk to facilitate safe and efficient traffic flow. Likewise, pedestrian bridges have been included that connect the parking structure to the residential units, reducing the potential for conflict between vehicular and pedestrian traffic. The project approvals include a dedication that will enable the construction of twelve (12) foot sidewalk along Empire Avenue.

 

q       The public street system within or adjacent to a planned development shall be designed for the efficient and safe flow of vehicles (including transit vehicles), pedestrians, bicycles, and the handicapped. Public streets shall be designed using standard City lane widths, capacities, and travel speeds. The design shall also include adequate space and improvements for transit vehicles and facilities for bicycle and pedestrian circulation. City standard entrance control requirements shall be maintained. Design of major streets shall also provide sidewalks, adequate street lighting, and concrete median islands on arterial streets.

 

There is no public street system proposed as part of the project. A traffic study has indicated that the project would not have a significant impact on existing traffic flow and would not require improvements to the surrounding rights-of-way. Moreover, the project would result in reduced trips in comparison to the existing development. However, as part of the project, the applicant is dedicating additional right-of-way for street purposes which will allow for further improvements to the intersection of Empire Avenue and Buena Vista Street, enhancing traffic flow in the area. The project will be designed in accordance with all City standards regarding ingress and egress.

 

q       Common area and recreational facilities shall be located so as to be readily accessible to the occupants of residential uses.

 

The project includes three (3) courtyard areas and another landscaped common open space area which will serve the residential units. These areas are to be accessible to all residents. Additionally, the project proposes to provide an access to Robert Gross Park, subject to the approval of the Parks, Recreation, and Community Services Department which will further enhance recreational opportunities for residents.

 

q       Compatibility of architectural design and appearance including signing throughout the planned development shall be sought. In addition, architectural harmony with surrounding neighborhoods shall be achieved so far as practicable.

 

While the project consists of several buildings, each with unique attributes, all of the buildings are designed in a contemporary style. The project utilizes consistent design and landscape themes throughout the site. While the unit types in each building differ, the project attempts to create harmony through these common elements. This style is complimentary to the architecture employed in the adjacent Burbank Empire Center.

 

q       Where applicable, an adequate variety of uses and facilities shall be provided in order to meet the needs of the planned development and adjacent neighborhoods.

 

The planned development is primarily residential. However, a small, neighborhood serving retail space is proposed at the corner of Empire Avenue and Buena Vista Street which is anticipated to serve both the residents of the project and adjacent residents and employees. Likewise, the project includes three (3) live/work units that will provide addition commercial opportunities on the site which will be compatible with the residential uses.

 

q       The planned development and each building intended for occupancy shall be designed, placed, and oriented in manner conducive to the conservation of energy.

 

The developer will be required to comply with all applicable City requirements intended for energy reduction.

 

Tentative Tract Map Findings

Section 66474 of the Subdivision Map Act establishes the six (6) findings that an agency is required to make prior to approval of a Tentative Map.

 

*       The map is consistent with the General Plan and applicable specific plans.

The development of condominium project is consistent with the proposed General Plan designation for the property. The proposed density of development is within the limitations established by the General Plan for the Limited Commercial land use.

 

*       The design and improvement of the proposed subdivision is consistent with the General Plan and applicable specific plans.

The proposed land use designation, Limited Commercial, permits the construction of mixed use and residential only projects through the Planned Development process. The proposed condominium subdivision is consistent with the permitted uses within this designation.

 

*       The site is physically suitable for the type and proposed density of development.

The property is improved with buildings and a parking area. The site is relatively flat and is large enough to accommodate the buildings and the applicable landscape and parking requirements. The proposed density is less than permitted by the City�s R-4 standards.

 

*       The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitats.

The project is located in an urbanized area and completely developed. However, the possibility exists that ornamental trees on the site could be utilized as nesting sites for birds. As such a mitigation measure has been proposed for the project which would require surveys for nesting special status and migratory avian species. If such species are found, additional measures are to be incorporated to insure that no impacts occur.

 

*       The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

The subdivision is consistent with City regulations. The development of a residential use will not involve the creation or use of materials that could result in serious public health problems.

 

*       The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

The project includes a plan to relocate and replace existing storm drain facilities on the site. As a result, new easements are proposed on the Map that corresponds to these new facilities. Additionally easements are proposed for a public water main that runs through the site. The proposed development will not conflict with any existing easements for public access.

 

RECOMMENDATION:

 

Staff recommends that the City Council approve Project No. 2004-64, a Planned Development, Development Review, and Tentative Tract Map, and the Development Agreement and Mitigated Negative Declaration related thereto, subject to the attached Conditions of Approval.

 

Staff recommends that the City Council adopt a resolution approving the Mitigated Negative Declaration prepared for the project.

 

Staff recommends that the City Council adopt a resolution approving Tentative Tract Map No. 61361.

 

Staff recommends that the City Council adopt a resolution approving the Inclusionary Housing Agreement for this project.

 

Staff recommends that the City Council adopt a resolution approving the proposed General Plan Amendment.

 

Staff recommends that the City Council adopt an ordinance approving Planned Development No. 2004-64 and the Development Agreement related thereto.