PURPOSE:

The purpose of this report is to confirm incorporation of the additional criteria required by the City Council as part of a conditional approval of the First Amendment to Planned Development No. 99-4 for the Marriott Residence Inn on February 7, 2006, and also to provide revised building plans submitted by the applicant.

BACKGROUND:

On February 7, 2006 the City Council conducted a public hearing on an application submitted by the R.D. Olson Company for the First Amendment of Planned Development No. 99-4 for the Marriott Residence Inn.  The City Council approved the project subject to the following four criteria. 

• The applicant is to provide a 10 foot setback on the First Street and Verdugo Avenue frontages

• The applicant is to provide adequate dedication for a 10 foot wide sidewalk on First Street and a 7 foot wide sidewalk on Verdugo Avenue.

• The applicant is required to mitigate any parking shortages to the City�s satisfaction or the City will have the right to take the appropriate steps to mitigate the impacts.

• City staff will submit a letter to Caltrans requesting approval to plant additional landscaping at the developer�s expense on the adjacent Caltrans right-of-way.

REVISED CONDITIONS OF APPROVAL:

In response to the City Council�s direction staff added the following conditions of approval to address the setback, sidewalk, and parking issues.

1. The project shall provide a 10 foot landscaped setback and adequate dedication           for a 10 foot wide sidewalk on First Street.

2. The project shall provide a 10 foot landscaped setback and adequate dedication           for a 7 foot wide sidewalk on Verdugo Avenue. 

3.  The owner/operator shall implement one or more of the following programs to insure that on-site parking demand does not exceed the number of parking spaces provided, and provide a parking analysis every 5 years for review by the Planning Board to confirm that parking demand is not in excess of the parking spaces provided for the project.           

• Eliminate all public usage of the meeting rooms.

• Implement a valet parking service

• Obtain an off-site parking agreement sufficient to address the parking deficiency

In the event the Community Development Director determines, in his or her discretion, that the owner/developer is unable to decrease parking demand so that it does not exceed the number of available parking spaces, then the Planning Board shall hold a public hearing in accordance with the procedures set forth in Division 9, Article 19, Title 31 of the Burbank Municipal Code concerning Development Agreements, to determine the extent of the parking deficiency and to prescribe the necessary corrective measures to reduce on-site parking demand so that it does not exceed the number of parking spaces available for the project.

REVISED PLANS;

The applicant submitted revised plans on February 14^th that included design changes in response to the City Council�s conditional approval on February 7^th.  The City Council added additional requirements for setbacks, sidewalk widths, and parking management, and the revised plans have incorporated the following changes.

Setbacks

First Street Frontage

The revised plans show a 10 foot setback to the semi-subterranean garage structure on First Street frontage.  The revised plans do show a handicapped accessible access walkway from the sidewalk to the semi-subterranean garage structure that crosses the landscaped setback on the First Street frontage between the vehicular access to the subterranean level of the garage structure and the corner of First Street and Verdugo Avenue.   

Verdugo Avenue Frontage

The revised plans also show that the landscape setback between the parking structure and the Stuart Andersons Black Angus restaurant on the north side of the project site has been eliminated so that the architectural elements on the Verdugo Avenue elevation that extend to the ground could be retained and a 10 foot landscaped setback provided.  Section 31-1419 of Chapter 31 of the Municipal Code establishes setback requirements for parking structures in commercial zones, and no setback from an interior property line is required, therefore the elimination of the setback between the project site and the Black Angus restaurant is not in conflict with the Code. The retaining walls and outdoor eating area previously located in the setback on the Verdugo Avenue frontage have also been removed and replaced with landscaping, and only stairs with direct access to the lobby area from sidewalk on the Verdugo Avenue frontage remain.

Sidewalks

First Street Frontage

The revised plans provide a cross section of the sidewalk and setback on Sheet A3.4 that shows the sidewalk on First Street as 9 feet 6 inches wide from the property line to the inside edge of the curb with the required 10 foot setback.  The 6 inch curb is not included in the width of the sidewalk, therefore, the building will need to be moved back an additional 6 inches to provide for a 10 foot wide sidewalk and a 10 foot landscaped setback on First Street.

Verdugo Avenue Frontage

The revised plans provide a cross section on Sheet A3.5 that shows the sidewalk on Verdugo Avenue as 7 feet wide from the property line to the inside edge of the curb, which is in compliance with the City Council directive to provide a minimum 7 foot wide sidewalk.

Architectural Encroachments

Corner of First Street and Verdugo Avenue

Several architectural elements at the corner of First Street and Verdugo Avenue still encroach into the setback as shown on the original plans.  The architectural elements at the corner come within 4 feet of the sidewalk on the First Street frontage and within 7 feet 6 inches of the sidewalk on the Verdugo Avenue frontage.

First Street Frontage

The revised plans also show that architectural elements encroach 3 feet into the required 10 foot setback on the second floor and above on the First Street frontage, but do not extend below the second floor.  A handicap access path from the sidewalk to the semi-subterranean garage structure also crosses the 10 foot setback between the corner of First Street and Verdugo Avenue and the vehicular access to the garage structure.

Verdugo Avenue Frontage

The revised plans appear to indicate that only one architectural element encroaches 5 inches at grade into the required 10 foot setback on the Verdugo Avenue frontage.  The revised plans do not show any other architectural features that encroach into the required 10 foot setback on the Verdugo Avenue Frontage.

CONCLUSION:

The conditions of approval have been revised in response to the City Council�s conditional approval of the first amendment to PD. No. 99-4 for the Marriott Residence Inn on February 7^th.  Three new conditions of approval were added to address minimum setbacks, sidewalk widths, and parking management. 

Revised plans were submitted by the applicant that provide the minimum 10 foot setbacks on the First Street and Verdugo Avenue frontages, and the minimum 7 foot wide sidewalk width on Verdugo Avenue.  However, the revised plans show a 9 foot 6 inch wide sidewalk from the property line to the inside edge of the curb on the First Street frontage, and the building will need to be moved back an additional 6 inches to provide for a 10 foot wide sidewalk and a 10 foot wide landscaped setback.

The revised plans do not show any on-grade encroachments in the 10 foot setback on First Street with the exception of one handicap access path from the sidewalk to the semi-subterranean garage structure which crosses the 10 foot setback.   The revised plans show that the retaining walls, outdoor eating area, and other surface improvements previously located in the setback on the Verdugo Avenue frontage have been removed and the setback area has been landscaped.  However, one access path does cross the 10 foot landscape setback on the Verdugo Avenue frontage with stairs and a walkway which goes directly into the interior foyer area.

The architectural elements on the exterior elevation on the First Street frontage that encroached into the setback have been retained, but do not extend below the second floor.  The architectural elements on the corner of First Street and Verdugo which extend to the ground also remain and encroach to within 4 feet of the sidewalk on the First Street frontage and to within 7 feet 6 inches of the sidewalk on the Verdugo Avenue frontage. 

The architectural elements on the exterior elevation of the Verdugo Avenue frontage have been retained and extend to the ground, but only one element appears to encroach 5 inches into the required 10 foot setback.   

In summary, the revised plans submitted by the applicant on February 14^th have provided the required 10 foot setbacks on both the First Street and Verdugo Avenue frontages, and the minimum sidewalk width on the Verdugo Avenue frontage.  However, the sidewalk width on the First Street frontage will need to be increased an additional 6 inches to provide the minimum 10 foot sidewalk width in combination with 10 foot landscaped setback requested by the City council.  In addition, the one architectural element that encroaches into the 10 foot landscaped setback on the Verdugo Avenue frontage will need to be pulled back an additional 5 inches to avoid encroachment into the 10 foot setback area.  These remaining corrections will be required of the applicant prior to submission of plans to the Building Division.   

Staff will also submit a letter to Caltrans asking for their approval to plant additional landscaping at the developer�s expense on the adjacent Caltrans right-of-way.

RECOMMENDATION:

Staff recommends that the City Council proceed with the second reading of the ordinance for the First Amendment of Planned Development No. 99-4.

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