Staff Report - April 2, 2002 - Agenda Item

To consider a request by the R.D. Olson Company to amend Planned Development 99-4 and the Development Agreement for construction of a smaller Marriott Residence Inn. Approval of this amendment of PD 99-4 would allow the total number of hotel rooms to be reduced from 253-rooms to 166 rooms, the height of the hotel structure to be reduced from twelve stories to four stories, and the five and one-half level garage structure that contained 413 spaces be changed to one level of semi-subterranean garage with 153 parking spaces. It is also requested that the Redevelopment Agency Board approve proposed design changes to this project pursuant to a Modified Grant Deed.

The project site is approximately 75,798 S.F (1.74 acres) in size, it is located on the northwesterly corner of First Street and Verdugo Avenue, and is in the Burbank Center Commercial Limited Business (BCC-2) zone (Exhibit A).

On January 25, 2000, the City Council adopted Ordinance No. 3536 approving Planned Development No. 99-4 to permit Accord Interests, L.L.C. to construct a 253-room full service, extended stay hotel Marriott Residence Inn located on the northwest corner of First St. and Verdugo Ave. (Exhibit B). The hotel was to include a restaurant and bar of 4,062 gross square feet, and meeting/conference room floor space of approximately 3,861 gross square feet (Table 1). In addition, the development included a five-story above-grade parking structure containing 413 on-site parking spaces.

Table 1

Original Project (Jan. 2000)
		Number of Hotel Rooms		253
	Restaurant Square Footage*		4,062
	Meeting Room Square Footage*		3861
	Code Required Parking		406
	Parking Spaces Provided		413
	Height of Hotel		12 stories
	Parking Structure Height		5 1/2 levels
	First Street Setback		6 feet
	Verdugo Avenue Setback		5 feet

Discussed below is a brief description of each of the components of the original proposal:

The proposed project was to include a full service/extended stay hotel operated by Marriott International. A total of 253 hotel room suites were to be provided in the project. The hotel structure was to be 12 stories in height (approximately 138 feet) with an average of 23 rooms per floor. The hotel was to include a swimming pool, spa, courtyard, and exercise facility all located on the ground floor.

The proposed project was to include a full service restaurant and bar of 4,062 gross square feet. The restaurant/bar was to be a one story structure located in the interior plaza area on the ground level of the hotel adjacent to the swimming pool.

The proposed project was to have 3,861 gross square feet of assembly/meeting space divided equally among three (3) separate conference rooms. This space was to be located on the ground floor of the hotel.

A total of 413 new parking spaces were to be provided as part of the proposed project. The spaces were to be located in a five and one-half story detached parking garage located on the northern portion of the project site fronting First Street. The height of the proposed parking structure was approximately 53 feet to the top of the parapet and 65 feet to the top of the elevator tower.

The hotel and parking structure was designed utilizing an Art Deco theme characteristic of other buildings in downtown Burbank.

Original Project - Deviations From The Municipal Code

Approval of PD 99-4 allowed the applicant the following deviations from Burbank Municipal Code.

Each of the items identified above required discretionary review and are described in more detail in the following section.

A. Building Height (BMC Section 31-2530) and Building Setbacks (BMC Section 31-712(2))

The Burbank Center Plan (BCP) regulates maximum building heights in the area of the proposed project by utilizing stair-step height requirements similar to those in the Burbank Municipal Code. Additional building height in the City is permitted based on increased distance from R-1 or R-2 zoned properties. In addition, properties within one-quarter mile of the Regional Intermodal Transportation Center (RITC) may be permitted additional structure height through the conditional use permit process up to 12 stories or 164 feet in height. The 12-story (164 feet) height limit may be exceeded up to 15 stories or 205 feet through the City's planned development process for projects that help meet the goals of the BCP.

The maximum height of the proposed hotel structure (including elevator tower/mechanical penthouse) was 138 feet along both the First Street and Verdugo Avenue frontages. The parapet height of the building was 123 feet along the First Street and Verdugo Avenue frontages.

Building setbacks in the BCP area are determined by Section 31- 712(c)(2) of the Burbank Municipal Code (BMC). The BMC states that setbacks in this area shall be at least five feet (5') from the front property line or twenty (20%) percent of the building height, whichever is greater (note: for the purpose of this section, side yards on comer lots shall be considered front yards).

The proposed building had a frontage of 168 linear feet along First Street. Approximately 109 linear feet of the First Street frontage had a setback of 1 foot. The remaining 57 linear feet along the First Street frontage had a setback that varied between 1 and 3 feet. Given the maximum building height of 138 feet along the First Street frontage, a setback of 28 feet would be required (138 feet x 20% = 28 feet).

The proposed building had a frontage of 176 linear feet along Verdugo Avenue. The applicant was proposing a setback of 5 feet along the Verdugo Avenue frontage. Given the maximum building height along this frontage of 138 feet, the City code requires a building setback of 28 feet (138 feet x 20% = 28 feet).

The applicant was not proposing landscaping in the setback areas along First Street, however, BMC Section 31-712 (c)(3) requires that a minimum of fifty (50%) percent of front and exposed side yards be landscaped.

C. Parking Structure Height (BMC Section 31-2530) and Setbacks (BMC Section 31-712)

The height of the parapet of the proposed parking structure was 53 feet above the average elevation of the project site (elevator tower height is 65 feet). Given this proposed height, the BMC required a setback of 11 feet for the parking structure along the First Street frontage. The applicant was proposing a setback of 6 feet for the parking structure.

The Municipal Code required 406 parking spaces for the proposed project, and the applicant was proposing 413 full size parking spaces to comply with the BMC. However, the applicant did request a deviation from the BMC to allow a reduced parking space width from 9 feet to 8 feet 6 inches. Section 31-1401 of the BMC states that retail, service, and commercial uses require a minimum parking space width of 9 feet.

Section 31-203 of the BMC identifies a "Hotel" as a building, or portion thereof, containing public guest or dormitory rooms without cooking facilities, used and designed to be used by guests for compensation. As kitchenettes (cooking facilities) were proposed in each hotel unit, this project did not comply with the zoning definition for a hotel. Extended stay hotels are not addressed in the BMC. Approval of PD 99-4 as proposed, permitted the use of kitchenettes in the hotel rooms.

Three (3) loading spaces were required based on the size of the project, however, the applicant proposed a deviation from the BMC to provide only one full size loading space adjacent to the rear driveway of the project site.

The Burbank Center Plan (BCP) was adopted in June, 1997, and is a specific plan which sets forth goals, objectives, policies and development standards for the City Centre and South San Fernando Redevelopment Project Areas. The proposed Marriott Residence Inn project is located in the City Center subarea, and is located in the City Centre Redevelopment Project Area.

The goal of the BCP is "a city center with mixed use development that integrates multiple forms of public transportation." BCP Policies include, but are not limited to:

� Encourage increased intensity, massing and height adjacent Interstate 5 in the City Center subarea;

� Encourage the continued development of entertainment and restaurant uses in the downtown area to maximize the area's potential as a daytime, evening and weekend activity center; and

� Permit increased density, reduced on-site parking and other appropriate incentives for development that maximize job creation and revenue generation within one-quarter mile of ITC's and which are designed to facilitate vehicle trip reduction programs.

The land use for the project site is City Center Commercial. The City Center Commercial land use designation, as described in the Burbank Center Plan Land Use Element is entirely confined to the City Center subarea and presently allows mixed-use development, which may include residential. The adopted Land Use Element contains the following definition of the City Center Commercial land use designation:

City Center Commercial is the land use designation given to the downtown City Centre Redevelopment Project area. The predominant use of land designated as City Center Commercial is for those activities which support the role of the City Center as the primary business, financial, retailing and government core of the community. This area will be the focal point of commercial enterprises of Citywide importance, such as retail shopping, hotels, offices, public and quasi-public buildings and institutions, and places for recreation and amusement. " Medium and high-density residential development are considered a compatible land use in this area. All development occurring in the area designated for City Center Commercial use must be in strict conformance with adopted development plans and standards.

The project is located in the Burbank Center Commercial Limited Business (BCC-2) zone. The purpose of the BCC-2 zone is "for the development of retail centers and commercial and professional office complexes in the Burbank Center Plan area serving the shopping and personal service needs of both the surrounding residential areas of the region.

An environmental impact report (EIR) was prepared for the Burbank Center Plan (State Clearinghouse Number 97011051), and was certified by the Burbank City Council on June 3, 1997 through Resolution No. 25,058. The EIR prepared for the BCP analyzed the environmental impacts of the projected development scenarios of a number of Opportunity Sites, which included the project site.

Pursuant with the California Environmental Quality Act (CEQA), State Guidelines Section 15152, a Negative Declaration was prepared for PD 99-4, designed to "tier" from the BCP EIR, described above, and was approved by the City Council with the adoption of Ordinance No. 3536 on January 25, 2000. The Negative Declaration indicated that the proposed project was consistent with the development scenarios analyzed in the EIR for the BCP, and would not have any significant effects on the environment.

MODIFIED GRANT DEED:

On January 11, 1984, the Burbank Redevelopment Agency entered into a Disposition and Development Agreement with Associated Hosts Development Company which required the Developer to construct a free standing theme restaurant of approximately 10,000 square feet and an on-grade parking area containing approximately 146 parking spaces on this site. The Developer identified the restaurant facility as the Bombay Bicycle Club. A Grant Deed was recorded which imposed a land use restriction limiting the use of the site to a restaurant only. The restaurant later closed its doors and Associated Hosts placed the property on the market for sale.

On August 18, 1998, at the owner�s request, the Agency approved a Modified Grant Deed to allow the owner to construct or cause to be constructed, a full service hotel with accessory uses that may include restaurants and retail uses on the site. The Modified Grant Deed was recorded on August 28, 1998 which amended the uses allowed to be constructed on the site to include a full service hotel. The Modified Grant Deed imposed additional requirements to the project description including:

Pursuant to the requirements of the Modified Grant Deed, in January 2000, the Agency approved the design of a 253-room full service extended stay Marriott Residence hotel under Planned Development No. 99-4. The First Amendment to Planned Development No. 99-4 varies significantly from the previously approved projects and the current restrictions in the Modified Grant Deed. As such, implementation of the First Amendment to Planned Development No. 99-4 will require further design review approvals by the Agency and modifications to the grant deed.

REDESIGNED PROJECT:

On September 26, 2000, the City Redevelopment Agency considered a proposal by the Marriott Corporation to maintain 253 full service hotel rooms, but reduce the size of the restaurant from 4,062 square feet to 3,710 square feet, and incorporate the restaurant into the interior ground floor of the hotel (Exhibit C). In addition, the applicant proposed a reduction of meeting room space from 3,861 square feet to 1,305 square feet, and a redesign to the meeting room space so that it would only serve the occupants of the hotel. These reductions of floor space for the restaurant and meeting rooms reduced the total code required parking from 406 spaces to 318 spaces. The reduction of required parking allowed the developer to reduce the height of the parking structure from 5 � stories in height to 4 stories, and the four story parking structure accommodated exactly 318 full size spaces. These design changes maintained the architecture of the original project, and also allowed the developer to increase the setback on First Street from 6 feet to 10 feet.

Pursuant to the provisions of the Modified Grant Deed, the Redevelopment Agency adopted Resolution No. 1983 on September 26, 2000 which acknowledged that pursuant to the provisions of Section 31-19133 of the BMC the Community Development Director had approved the revised plans as substantially conforming with the approved project, and the Redevelopment Agency therefore approved the design changes proposed by the Marriott Corporation (Exhibit D).

On April 29, 2005 the R.D. Olson Company submitted a partial application to amend Planned Development No.99-4 to accommodate a reduction of hotel rooms from 253 to 162, a reduction in the height of the building from 12 stories to 4 stories, a reduction of parking spaces from 318 to 160 full size parking spaces, and a reduction in the height of the parking structure from 4 stories to one level of semi-subterranean garage (Exhibit E). Additional information was received from the applicant on May 2, and a final parking study was prepared by Lindscott Law & Greenspan dated October 2005. The building height, number of rooms, number of parking spaces, amenities, and architecture of the proposed project was entirely different than the original project, and the proposed project would have 54 less parking spaces than required by the BMC.

		Original Project (Jan. 2000)		Redesigned Project (Aug. 2000)		Initial Proposal (April 2005)
Number of Hotel Rooms	253		253		162
Restaurant Square Footage*	4,062		3,710		1,914
Meeting Room Square Footage*	3,861		1,305		1,207
Code Required Parking	406		318		214
Parking Spaces Provided	413		318		160
Height of Hotel	12 stories / 138 ft		12 stories / 138 ft		4 stories / 74 ft.
Parking Structure Height	5 � levels		4 levels		1 level Semi-Sub
First Street Setback	6 feet		10 feet		8 feet **
Verdugo Avenue Setback	5 feet		5 feet		8 feet **

** Architectural elements come to within 3 feet of the property line at the corner of First Street

Building setbacks in the Burbank Center Plan area are determined by Section 31- 712(c)(2) of the BMC. The BMC states that setbacks in this area shall be at least five feet (5') from the front property line or twenty (20%) percent of the building height, whichever is greater (note: for the purpose of this section, side yards on comer lots shall be considered front yards).

The original and redesigned projects had a building height of approximately 138 feet and required a 28 ft. setback on the First Street and Verdugo Avenue frontages. The project was approved for setbacks of 10 ft. on First Street and 5-ft. on Verdugo Avenue

The proposed project would be approximately 68.5 feet in height above the lowest point of grade on the First Street frontage, and 73 feet in height above the lowest point of grade on the Verdugo Avenue frontage. Therefore the required setback on the First Street frontage would be 13.7 feet, and the required setback on the Verdugo Avenue frontages would be 14.6 feet. In addition, Section 31-1419 of the BMC establishes specific setback requirements for semi-subterranean parking structures, and requires an average setback of 4 feet, with a minimum of 3 feet. The project was proposing 8 ft. setbacks on the First Street and Verdugo Avenue frontages; however, there are several architectural elements that come to within 3 to 5 feet on the property line on both the First Street and Verdugo Avenue frontages.

The original and redesigned projects were approved with setbacks of 10 ft. on First Street and 5-ft. on Verdugo Avenue, and the setback areas adjacent to the hotel were entirely landscaped.

The proposed project is providing more that 50% landscape area in the setback on First Street. On the Verdugo Avenue frontage, however, less than 50% of the setback area is landscaped, but over one-half of the balance of the setback area is covered with decorative hardscape and under tree canopies and meets the requirements established in Section 31-712 of the BMC. In addition, Section 31-1419 of the BMC establishes specific landscape requirements for semi-subterranean parking structures, and requires an average landscaped setback of 4 feet, with a minimum of 3 feet. The portion of the semi-subterranean garage structure that is surfaced parked and adjacent to the First Street frontage provides an 8 foot landscaped setback, and complies with the required landscaped setback standards established in Section 31-1419.

Section 31-1408 of the BMC establishes a requirement of one parking space for every hotel room regardless of the number of bedrooms or the type of hotel. Three types of hotel suites with kitchenettes were proposed in the original and redesigned project, and were maintained in the initial proposal for the first amendment.

The original project had 253 hotel rooms and provided 1 parking space for each guest room, for a total of 253 parking spaces to meet the current Code requirement

The redesigned project had 253 hotel rooms and provided 1 parking space for each guest room, for a total of 253 parking spaces to meet the current Code requirement and meeting rooms.

The initial proposal for the first amendment had 162-hotel rooms, and would provide 160 parking spaces which would be 2 spaces less than the current Code requirement.

Section 31-1408 of the BMC establishes a requirement of one parking space per 200 S.F of adjusted gross floor area, when the food preparation facilities are an integral part of a hotel. The food service amenities for the proposed hotel have changed several times since the original project was approved, which included a full service restaurant in a separate one-story structure. The redesigned and proposed projects had buffet style food service areas with limited hours of service for hotel guests only.

Original

Project

(Jan. 2000)

Redesigned Project

(Aug. 2000)

Initial

Proposal for the First Amendment

(April 2005)

Food Preparation and Dining area Square Footage*

4,062

3,710

1,914

The original project included provisions for a restaurant and bar in a separate one-story structure located in the interior plaza area containing approximately 4,062 S.F. The entire restaurant area, including the kitchen, was parked at 1-space per 200 S.F. of floor area as required by the BMC, and 20-parking spaces were provided.

The redesigned project submitted in August 2000 eliminated the separate one-story full service restaurant and incorporated 3,710 S.F. of restaurant space within the first floor area of the 12-story hotel building. The interior restaurant space was redesigned as a buffet style food service area; however, parking was still provided at 1-space per 200 S. F. of floor space in compliance with the BMC, and 19 parking spaces were provided.

The initial proposal for the first amendment maintained the interior buffet style food service area for hotel guests only, but decreases the total floor area for food preparation and eating area from 3,710 S.F. to 1,914 S.F. The second food service in the previous proposal for a Starbucks Deli was eliminated. The applicant and the Marriott Corporation suggested that the redesigned buffet style food service area would be sufficient to provide food service for hotel guest only, and would not need additional parking. The BMC requires 1-parking space per 200 S.F. for the proposed food preparation and eating area that are incidental to the primary use, which would be an additional 10 parking spaces. However, the applicant had indicated that no additional parking spaces for the food service area would be provided because of the reduced size of the food service area, limited hours of service, and restriction to hotel guests only.

Section 31-1408 of the BMC establishes a parking requirement of one parking space for every 28.6 S.F of adjusted floor space for places of assembly. The original project had 3,861 S.F. of meeting/conference room floor space, and planned to have a great deal of public usage. However, the redesigned and proposed projects have reduced the amount of floor space allocated to meeting/conference rooms, and restricted the hours of public usage

Original

Project

(Jan. 2000)

Redesigned Project

(Aug. 2000)

Initial

Proposal for the First Amendment

(Nov. 2002)

Meeting Room Square Footage*

3,861

1,305

1,207

The original project had 3,861 S.F. of meeting/conference rooms which required one parking space for every 28.6 S.F. of floor area for a total of 135 parking spaces, and these spaces were provided.

The redesigned project reduced the meeting/conference room area from 3,861 to 1,305 S.F. and divided the space equally into three separate meeting rooms, each containing 435 S.F. The total parking required for the meeting/conference rooms was 46 spaces, and those spaces were provided.

The initial proposal for the first amendment decreased the meeting room area to 1,207 S.F., and divided this area into three separate meeting rooms. The larger of the two meeting rooms had approximately 975 S.F. and could be divided internally into two separate rooms of equal size, and the second and smaller meeting room was approximately 232 S.F. in size. The total parking required for the proposed meeting/conference rooms was 42 additional parking spaces. However, the applicant suggested that no additional parking was necessary because there would be limited public usage of the meeting/conference rooms by outside groups, and in addition, public usage of the meeting/conference rooms would be restricted to 8:00 A.M to 5:00 P.M. weekdays when the majority of hotel guests are gone. The initial proposal for the first amendment did not provide any additional parking for the meeting/conference rooms.

Section 31-1401 of the BMC states that retail, service, and commercial uses require a minimum parking space width of 9 feet.

The original applications included a request for a deviation from this section of the BMC requirement to allow a reduced parking space width of 8 feet 6 inches, and that exception was incorporated into the approval of the original and redesigned projects.

The initial proposal for the first amendment included a request to maintain the approved provision for 8 foot 6 inch wide parking spaces.

The BMC (Section 31-1501) requires loading spaces based on the use and size of the project, and projects with over 100,000 total S.F of floor area are required to have three loading spaces.

The original and redesigned projects were over 200,000 S.F in size and required three (3) loading spaces; however, the applicant proposed a deviation from the BMC to provide only one full size loading space adjacent to the rear driveway of the project site, and this request was approved as part of the original entitlements.

The initial proposal for the first amendment was approximately 188,075 S.F. in size and required three (3) loading spaces. The applicant requested that the approved exception for one (1) full size loading space be maintained, and the loading space was shown on the plans provided by the applicant and was located adjacent to the rear driveway as shown on the plans for the original and redesigned projects.

The original project provided Code compliant parking for the hotel rooms, restaurant facilities, and meeting/conference rooms, and seven (7) additional parking spaces in a five (5) story parking garage and one (1) loading space. The redesigned project also provided Code complaint parking in a four (4) story parking garage, and retained the one (1) loading space. The initial proposal for the first amendment had a 54 space deficit, provided parking in a semi- subterranean garage, and retained the one (1) loading space as proposed in the original and redesigned projects.

		Original Project (Jan. 2000)		Redesigned Project (Aug. 2000)		Initial Proposal for the First Amendment (April 2005)
Code Required Parking	406		318		214
Parking Spaces Provided	413		318		160
Surplus or (Deficit)	7 extra spaces				(54 space deficit)

The original proposal required 406-parking spaces to comply with Code, and the project provided 413 spaces in a 5 1/2-story parking garage, including 7 surplus spaces. The project was also required to provide Three (3) loading spaces, but an exception was approved requiring only one (1) loading space which was located adjacent to the rear driveway.

The redesigned project submitted in August 2000 replaced the full service one-story restaurant in the interior plaza area with a buffet style food service area interior to the 12-story hotel building, and also reduced the meeting/conference room floor area from 3,861 S.F. to 1,305 S.F. The redesigned project required 318-parking spaces to comply with Code, and 318-spaces were provide in a four (4) story parking structure. The redesigned project also retained the one (1) loading space located adjacent to the rear driveway approved as part of the entitlements for the original project.

The initial proposal for the first amendment had 162- hotel rooms which required 162-parking spaces to comply with Code, and had 1,914 S.F. of food service facilities that required 10-additional parking spaces, and also had 1,207 S.F. of meeting/conference room floor space that required an additional 42-parking spaces to comply with Code. The proposed project required a total of 214-parking spaces to be Code compliant, but only provided 160 parking spaces in a semi subterranean parking structure, and retained the one (1) loading space located adjacent to the rear driveway approved as part of the entitlements for the original project. The initial proposal for the first amendment was deficient 54-parking spaces.

The applicant has submitted a shared parking study for the proposed project prepared by Linscott Law & Geenspan dated October 10, 2005 (Exhibit F). The Study analyzed the parking demand based on the specific floor areas assigned to each of the proposed uses, and compared the proposed hotel with other hotels with similar amenities. The Study indicates the applicant has proposed limited usage of the buffet style food serve area and restricted hours for public usage of the meeting/conference rooms. The Study determined that the peak demand for the proposed hotel was 139 parking spaces, and that the 160 parking spaces the proposed project provides would be sufficient to serve the 162 hotel rooms, the 1,914 S.F. of buffet style food preparation and dining area if limited to breakfasts for hotel guests only, and the 1,207 S.F. of meeting/conference rooms if public usage were restricted to 8:00 A.M. to 5:00 P.M. weekdays when the majority of hotel guests were gone.

To insure compliance with the findings in the Parking Study a condition of approval was included that requires the buffet style food service area to be restricted to hotel guests and breakfast, and a second condition of approval has been included that limits the public usage of the meeting/conference rooms to 8:00 A.M. to 5:00 P.M. weekdays.

The Planning Board held a public hearing on the proposed amendment to Planned Development 99-4 on October 24, 2005. The Board modified one condition of approval restricting the buffet food service to breakfast and for hotel guests only, added a condition of approval requiring the owner/operator of the hotel to provide complementary shuttle service for hotel guests, and voted to recommend approval of the proposed project. A copy of the minutes for the Board meeting on October 24^th is attached as Exhibit G, and a copy of the Planning Board�s resolution is also attached as Exhibit H.

During deliberations of the proposed amendment Planning Board member Margaret Taylor asked staff to contact the City of Glendale and research any extended stay hotels they have with regards to meeting facilities, restaurant uses, and parking. Staff contacted the City of Glendale and were told they only have one approved extended stay hotel, and that is the Homestead Studio Suites Hotel at 1377 West Glenoaks Boulevard. The Homestead Studio Suites Hotel has 86 hotel rooms, one small conference room with approximately 100 S.F., a lounge area with about 400 S.F., no restaurant facilities, no pool, and 87 parking spaces.

Planning Board member Greg Jackson also asked staff to include the Extended Stay America Hotel in the Empire Center in staff�s continuing research of extended stay hotels. In response to Mr. Jackson�s request there are currently two approved extended stay hotels in the City, and they are the Extended Stay America Hotel in the Empire Center, and the Graciela Hotel on Pass Avenue

On November 2, 2005 the R.D. Olson Company submitted a letter requesting consideration of modifications to the original plans submitted for the First Amendment to Planned Development No.99-4 to accommodate an increase in the number of hotel rooms from 162 to 166, and a reduction in the number of parking spaces from 160 to 153 full size parking spaces (Exhibit I). The original footprint and elevations had minor modifications to one corner of the structure facing the interior courtyard area, but the food service and conference room areas remained the same. The four additional hotel rooms and the loss of seven parking spaces increased the parking deficit from 54 spaces to 65 spaces. The proposed project also retained the one (1) loading space located adjacent to the rear driveway approved as part of the entitlements for the original project.

		Original Project (Jan. 2000)		Redesigned Project (Aug. 2000)		Initial Proposal for the First Amendment (April 2005)		Modified Plans for the First Amendment (Nov. 2, 2005)
Number of Hotel Rooms	253		253		162		166
Restaurant Square Footage*	4,062		3,710		1,914		1,914
Meeting Room Square Footage*	3,861		1,305		1,207		1,207
Code Required Parking	406		318		214		218
Parking Spaces Provided	413		318		160		153
Surplus or (Deficit) parking	7 extra spaces				(54 space deficit)		(65 space deficit)
Height of Hotel	12 stories / 138 ft		12 stories / 138 ft		4 stories / 74 ft.		4 stories / 74 ft.
Parking Structure Height	5 � levels		4 levels		1 level Semi-Sub		1 level semi-sub
First Street Setback	6 feet		10 feet		8 feet **		8 feet **
Verdugo Avenue Setback	5 feet		5 feet		8 feet **		8 feet **

** Architectural elements come to within 3 feet of the property line at the corner of First Street

The applicant has submitted a parking study prepared by Linscott Law & Greenspan dated November 14, 2005 for the proposed modifications to the plans for the approved project (Exhibit J). The parking study analyzed the parking demand based on the specific floor areas assigned to each of the proposed uses, and compared the proposed hotel with other hotels with similar amenities. The study indicates the reduction in the number of parking spaces from 160 to 153 is sufficient for the proposed increase in the number of hotel rooms from 162 to 166. The study determined that the 153 parking spaces the proposed project provides would be sufficient to serve the 166 hotel rooms, the 1,914 S.F. of buffet style food preparation and dining area if limited to breakfasts for hotel guests only, and the 1,207 S.F. of meeting/conference rooms if public usage were restricted to 8:00 A.M. to 5:00 P.M. weekdays when the majority of hotel guests were gone.

The applicant�s parking consultant, Linscott Law & Greenspan also submitted a supplemental report dated December 7, 2005 on their research on the Second Edition of the Shared Parking Manual recently released by the Urban Land Institute, as it relates to parking ratios associated with hotels categorized as business hotels (Exhibit K). The supplemental report indicates that the Second Edition of the Shared Parking Manual identifies a parking demand for business hotels of between 0.80 spaces per room on weekdays to 0.70 spaces per room on weekends.

PLANNING BOARD ACTION ON THE PROPOSED MODIFICATION TO PLANS FOR THE FIRST AMENDMENT:

On December 12, 2005 the Planning Board considered the applicants request to modify the plans for the proposed amendment to Planned Development No. 99-4 to increase the number of hotel rooms from 162 to 166, and the decrease the number of parking places from 160 to 153. There were no public speakers, and a copy of the minutes is attached as Exhibit L, and a copy of the Planning Board�s resolution is attached as Exhibit M.

The proposed project would amend the entitlements of Planned Development 99-4 and the Development Agreement to allow the total number of hotel rooms to be reduced from 253-rooms to 166 rooms, the height of the hotel structure to be reduced from twelve stories to four stories, and the five and one-half level garage structure that contained 413 space reduced to one level of semi-subterranean garage with 153 parking spaces. The proposed hotel would also include 1,914 S.F of buffet style food preparation and dining area for hotel guests, 1,207 S.F. of meeting/conference room floor space, a 457 S.F fitness room on the second floor for hotel guests, and an outdoor courtyard area with a pool and other outdoor amenities.

The project site is located adjacent to the Interstate 5 Freeway in an area that has been improved with a mixture of commercial uses. The proposed hotel is a permitted use in the BCC-2 Burbank Center Commercial Limited Business zone, and is compatible with the surrounding uses.

The proposed project involves the construction of a 4 -story hotel with 166 rooms, 1,914 S.F of food preparation and dinning area, 1,207 S.F of meeting/conference room floor space, a fitness facility, and an outdoor courtyard with a pool and other outdoor amenities.

The proposed project is located on a prominent, very visible corner in the downtown area, therefore, the architecture of the proposed project is very important. The project is designed in a contemporary architectural style, and uses a variety of offsets, materials, and colors. The proposed project is designed to fill the entire site, incorporate landscaped setbacks, and demarcate the northwesterly corner of First Street and Verdugo Avenue with an architectural style that will bring image of quality to the site.

The original project approved on January 25, 2000 had 253 rooms and was 12 stories in height. The proposed project has 166 rooms and is 4 stories in height, and the building height in Code compliant, and the height and massing are compatible with the height and massing of the surrounding development.

Commercial development in the BCC-2 zone is required to provide a minimum setback of 5 feet, or 20% of the building height, whichever is greater. The original and redesigned projects had a building height of approximately 138 feet and required a 28 ft. setback on the First Street and Verdugo Avenue frontages. The project was approved for setbacks of 10 ft. on First Street and 5-ft. on Verdugo Avenue.

The proposed project will be approximately 68.5 feet in height above the lowest point of grade on the First Street frontage, and 73 feet in height above the lowest point of grade on the Verdugo Avenue frontage. Therefore the required setback on the First Street frontage would be 13.7 feet, and the required setback on the Verdugo Avenue frontages would be 14.6 feet. The project is proposing 8 ft. setbacks on the First Street and Verdugo Avenue frontages; however, there are several architectural elements that come to within 3 to 5 feet on the property line on both the First Street and Verdugo Avenue frontages.

The proposed project will require a total of 218-parking spaces to be Code compliant, but is only providing 153 parking spaces in a semi subterranean parking structure. The proposed project is deficient 65-parking spaces, however, a parking study was prepared by Linscott Law & Greenspan that indicates the 153 on-site parking spaces the project has provided will be sufficient to meet the on-site demand. All of the proposed parking spaces are full size, and no compact spaces are proposed. The proposed project will also retain the one (1) loading space located adjacent to the rear driveway approved as part of the entitlements for the original project.

The BMC establishes landscaping requirements for commercial projects in BCC-2 zone in Section 31-712, and requires that 50% of all required front and exposed side yard setbacks be landscaped. Section 31-712 also permits up to 50% of the required landscaped area to be developed with decorative hardscape and outdoor seating area if located under a tree canopy. In addition, Section 31-1419 of the BMC establishes specific landscape requirements for semi-subterranean parking structures, and requires an average landscaped setback of 4 feet, with a minimum of 3 feet.

The proposed project is providing more than 50% landscape area in the setback on First Street. On the Verdugo Avenue frontage, however, less than 50% of the setback area is landscaped, but over one-half of the balance of the setback area is covered with decorative hardscape and under tree canopies and meets the requirements established in Section 31-712 of the BMC. The portion of the semi-subterranean garage structure that is surfaced parked and adjacent to the First Street frontage provides an 8 foot landscaped setback, and complies with the required landscaped setback standards established in Section 31-1419.

The proposed project has two access driveways on the First Street frontage, and another access driveway of the Verdugo Avenue frontage. The primary project access to the interior to the garage structure and the first floor lobby area of the hotel is on First Street, and is close the intersection of First Street and Verdugo Avenue. This access is designed to accommodate a one-way entrance only driveway. The second access on First Street is to the upper deck of the semi subterranean garage structure and is approximately mid-block, and designed to be a two-way access driveway. The driveway access on Verdugo Avenue is restricted to right in and right out turning movements only, and designed with a diverter to prevent left turn entrance or exiting.

A Negative Declaration was prepared for the original project which was approved on January 25, 2000, and the original project was much larger with 253 hotel rooms, approximately 4,062 S.F. of restaurant floor space, and 3,861 S.F. of meeting/conference rooms. The Negative Declaration found the project to be consistent with the development potential for the project site analyzed in the traffic study incorporated into the Environmental Impact Report prepared in the Burbank Center Plan.

The proposed project would reduce the total number of hotel rooms from 253 rooms to 166 rooms, reduce the height of the hotel structure from twelve stories to four stories, and reduce the height of the garage structure from a five and one-half level garage structure that contained 413 spaces to one level of semi-subterranean garage with 153 parking spaces. The proposed project has also eliminated the 4,062 S.F. of restaurant floor space and replaced it with 1,914 S.F. of buffet style food preparation and dining facilities, and reduced the meeting/conference room floor space from 3,861 S.F. to 1,207 S.F. As a result of these reductions, the proposed project will generate less traffic than the original project.

The initial application to amend Planned Development No. 99-4 was submitted by the R.D. Olson Company on April 29, 2005, and additional information was provided by the applicant during the months of May and June. The application and all associated materials were distributed to City Departments for review and comment on July 26, 2005. Comments were received from Public Works, both the Water and Electric Divisions of Burbank Water & Power, Park Recreation and Community Services, the Fire and Police Departments, and the Building and Redevelopment Divisions of the Community development department (Exhibit N). All departmental requirements that were not BMC related were incorporated as conditions of approval, and all BMC requirements were included in the partial list of Code Requirements. Both the conditions of approval and the partial list of Code requirements were attached to the resolution prepared for the Planning Board�s consideration of the initial proposal to amend Planned Development No. 99-4 (Exhibit H).

A Negative Declaration was prepared for the original project which was designed to "tier" from the Burbank Center Plan EIR, and was approved by the Burbank City Council on January 25, 2000. The proposed project is significantly smaller than the original project, however, new air quality standards have been developed during the five (5) years since the original Negative Declaration was prepared and approved, therefore a Mitigated Negative Declaration (MND) was prepared pursuant with the California Environmental Quality Act (CEQA), State Guidelines Section 15164, for the proposed amendment to PD 99-4 (Exhibit O). The new MND prepared for the proposed project indicates that the project will not have any significant effects on the environment. The MND was posted with the Los Angeles County Clerk on October 20, 2005, and the 20 day public review period ended on November 10, 2005.

The modified plans for the first amendment to the Planned Development increased the number of hotel rooms from 162 rooms to 166 rooms, and decreased the number of on-site parking spaces from 160 to 153 spaces. The original footprint and elevations had minor modifications to one corner of the structure facing the interior courtyard area, but the food service and conference room areas remained the same, and the one loading space has been retained. The Mitigated Negative Declaration was revised to reflect the four additional hotel rooms and reduced parking. No additional mitigation measures were added, and the Mitigated Negative Declaration indicates the project will not have any significant effects on the environment, and a copy is attached (Exhibit P)

The purpose of the Planned Development process is to provide a vehicle to accommodate a

unique comprehensive project. The BMC provides specific findings that must be made to insure that the project is consistent with adopted plans and policies, and compatible with surrounding land uses.

Section 31-19127(h)(3) of the BMC states that prior to approval of a planned development, the

planned development must be found to be consistent with the General Plan and all applicable

community plans and that the design criteria identified in Section 31-19124 of the BMC have

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 the development is consistent with the General Plan. The Land Use Element designates the project site as City Center Commercial, and the Burbank Center Plan which was adopted in June 1997 continues to designate the project site as City Center Commercial. The City Center Commercial land use designation identifies a hotel as a desirable use. The underlying zoning was originally C-2 Commercial Limited Business, and following adoption of the Burbank Center Plan the zoning was changed to BCC-2 Burbank Center Commercial Limited Business, which continues to allow a hotel as a permitted use.

The City also has established policies relating to development of commercial land uses. These policies include stair step height standards based on proximity to single family properties, the encouragement and promotion of the overall improvement and general maintenance of commercial areas, and the exclusion of commercial uses that could be intrusive, offensive, or unsightly to adjacent residential or commercial uses. In each case the proposed project is consistent with the policies established in the Land use Element and the Burbank Center Plan for the City Center Commercial land use designation.

The BMC establishes the following nine (9) specific design criteria that all planned

developments must comply with. The recommendation for approval is based on the ability of the

Planning Board to make each of the following findings in accordance with �31-19124 of the

a. 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. The project site is located in the Burbank Center Commercial Limited Business (BCC-2) zone and is consistent with the goals and objectives established for the BCC-2 zone. The project as proposed includes dedications and other improvements to insure that adequate transportation, drainage, and utility infrastructure can be accommodated.

b. 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 approximately 75,798 square feet (1.74 acres) in size, and the proposed project will include 11,127 S.F of interior courtyard area with a pool and other outdoor amenities for the hotel guests. The project, as proposed, does not meet City�s parking requirements for hotels with the proposed amenities; however, a parking study was prepared by Linscott Law & Greenspan that indicates the proposed parking is sufficient for the project.

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

The project involves construction of a four story Marriott Residence Inn with 166 rooms, 1,914 S.F of food preparation and eating area, and 1,207 S.F of meeting/conference rooms. The proposed project is designed to be consistent with the goals and objectives stated in the Burbank Center Plan. The height and massing of the project is allowed in the downtown area with the approval of a Planned Development. Moreover, the project is consistent with BCP land use policies that call for increased intensity, massing, and height adjacent to Interstate 5 in the City Center subarea. The proposed project is consistent with existing development in the area, such as the Holiday Inn. The architecture style of the proposed project is also compatible with existing development in the area.

d. Any private street system or circulation system shall be designed for the 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 an on-site circulation system designed to facilitate safe and efficient traffic flow, and avoid potential conflict between vehicular and pedestrian traffic

e. 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. The project is consistent with the provisions of the Burbank Center Plan, and is smaller than the original project approved on January 25, 2000. A parking study was prepared that indicated the project had sufficient on-site parking, and would not have a significant impact on surrounding properties, and would not require improvements to the surrounding rights-of-way. The project will be designed in accordance with all City standards regarding ingress and egress.

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

The project includes 11,127 S.F. of central interior courtyard area with a pool and other outdoor amenities which are accessible to all hotel guests. The project site is also in close proximity to the Downtown area where a variety of restaurants and retails stores are located.

g. 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.

The project incorporates a classic architectural style, and is consistent in design and landscape themes throughout the site. The project attempts to create harmony through these common elements, and the architectural style is compatible with the architecture employed in the surrounding development.

h. 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 proposed project is primarily a hotel with certain specific extended stay provisions to accommodate visiting client needs of the business community within the City, and to some degree the needs of visiting guests of our residential neighborhoods. The hotel will include a buffet style food service, a small convenience store, kitchenettes (cooking facilities) in each hotel room, meeting/conference rooms on the first floor, a fitness center for hotel guests on the second floor, and an exterior court yard with a pool and other outdoor amenities for hotel guests.

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

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

Overall, staff finds that those features of the project's design which differ from what the code would normally require, and which also require discretionary approval, are justified and do not negatively affect the surrounding area. All other aspects of this proposal meet or exceed existing code requirements.

Staff recommends that the City Council approve the first amendment to Planned Development No. 99-4, the Development Agreement, and the Mitigated Negative Declaration related thereto, subject to the attached Conditions of Approval. Staff also recommends that the Redevelopment Agency Board further modify the Modified Grant Deed to permit the scope of development proposed in the First Amendment to Planned Development No. 99-4, and conduct a design review to determine whether the proposed design changes are consistent with the newly Modified Grant Deed.

The action of the City Council may be to approve the first amendment to Planned Development No. 99-4, the Development Agreement, and the Mitigated Negative Declaration subject to the conditions of approval, approve with additional conditions, or disapprove the proposed amendment to the Planned Development.

�I move that the City Council approve the first amendment to Planned Development No. 99-4, the Development Agreement, and the Mitigated Negative Declaration, and that the following ordinance be approved:

CITY OF BURBANK, APPROVING THE FIRST AMENDMENT TO PLANNED DEVELOPMENT NO. 99-4, THE DEVELOPMENT AGREEMENT, AND THE MITIGATED NEGATIVE DECLARATION, SUBJECT TO THE CONDITIONS OF APPROVAL�

In the event the City Council approves the First Amendment to Planned Development No. 99-4 and the Development Agreement, the related Agency action would be to adopt the following resolution modifying the use restrictions in the Modified Grant Deed recorded August 28, 1998, and granting design review approval for the First Amendment to Planned Development No. 99-4 as required by the Modified Grant Deed:

�A RESOULTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BURBANK APPROVING THE MODIFICATION OF USE RESTRICTIONS FOR 321 S. FIRST STREET AND GRANTING DESIGN REVIEW APPROVAL�

Exhibit C Staff report to City Redevelopment Agency dated September 26, 2000 for redesigned project.

Exhibit D City Redevelopment Agency Resolution No. R-1983 adopted on September 26, 2000 approving the redesigned project.

Exhibit E Letter for the initial proposal to amend PD No. 99-4 submitted by the R.D. Olson Company on April 26, 2005 and a copy of the application to amend the Planned Development.

Exhibit F Parking Study prepared for the proposed project by Linscott Law & Greenspan dated October 10, 2005

Exhibit I Letter requesting consideration of modifications to the plans for the first amendment to PD No. 99-4 dated November 2, 2005

Exhibit J Revised Parking Study for the modified project prepared by Linscott Law & Greenspan dated November 14, 2005

Exhibit O Mitigated Negative Declaration for initial proposal to amend PD No. 99-4

Exhibit P Revised Mitigated Negative Declaration for modified proposal to amend PD No. 99-4

Council Agenda - City of Burbank

Tuesday, February 7, 2006

Table 1

Original Project

(Jan. 2000)

Original Project - Deviations From The Municipal Code

MODIFIED GRANT DEED:

REDESIGNED PROJECT: