PROJECT NO. 2005-103 CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW

PURPOSE:

The purpose of this report is to consider an appeal of the Planning Board�s decision to deny Project No. 2005-103, a Conditional Use Permit and Development Review to construct a five-story commercial building with restaurant, retail, and a coffee shop on the first floor, and office space on the four floors above. The Board denied the project mainly because they felt the project was too large for the neighborhood. In response to the concerns of the Planning Board, the applicant reduced the size of the project considerably and removed all compact parking. The applicant has reduced the size of the building to three stories with retail only on the first floor and office use on the two floors above. The project includes a four-level subterranean parking garage, a surface parking lot, and four on-site surface parking spaces. The appellant is New World Development, also the applicant for the proposed project.

BACKGROUND:

Original Project Proposal: The applicant�s original request was for a Conditional Use Permit (CUP) and a Development Review (DR) to construct a 50,674 square foot, five-story building with 43,576 square feet of office space and 7,098 square feet of ground floor retail/restaurant/coffee shop use. A total of 168 parking spaces proposed; 13 in a surface parking lot, three in a parking area behind the building, and 152 in a five-level subterranean parking garage. The surface parking lot is located at the corner of Maple Street and Riverside Drive and is separated from the commercial building by an approximately 100 foot by 28 foot lot, which is not a part of this proposal and is not owned by the applicant. This project requires the demolition of existing buildings on the site. Approval of a DR application is required for construction of the project and a CUP application is required for a reduction in the parking requirement from ten parking spaces per 1,000 square feet to five parking spaces per 1,000 square feet, a building height of 50 feet tiered to 70 feet, use of the Development Opportunity Reserve to exceed the 1.1 Floor Area Ratio density requirement (2.34 Floor Area Ratio proposed), and restaurant with incidental alcohol use for two restaurants (Exhibit 1).

Public Testimony: The speakers who opposed the project expressed concerns about parking, traffic, and the size of the project. Several of these speakers mentioned that there is not sufficient parking in this area, and that the size of the project does not fit in with the village feel of this area. Those who were in favor of the project mentioned that the parking lot will add to the public parking pool in the evenings, and that this project will be more attractive than the current development on the site. A petition opposing the project with approximately 53 signatures was submitted at the hearing. The petition called for no reduced parking, no height variance, no increased density and compliance with setback requirements. It should be noted that the proposed building height requires a CUP and not a Variance, and that the project meets all setback and landscaping requirements (Exhibit 7).

Planning Board Deliberations and Decision: On November 27, 2006, the Planning Board held a public hearing to consider the applicant�s request. The Board voted 5-0 to deny the CUP and DR application (Exhibit 3). After the project presentation the Board asked if the compact spaces included in the project were included in the parking requirement calculations. Staff explained to the Board that all compact parking spaces were included in the calculations. The applicant explained that 35 parking spaces are proposed for the 6,600 square foot of retail space and that the entrance to the parking structure is proposed to be off of Riverside Drive because of the shape of the lot. The applicant explained that too many parking spaces would be lost if access were taken off of the alley. The Board asked about the parcel of land that is in the middle of the project. The applicant explained that the property owner has not accepted offers to buy the lot or the offers to include the property owner in the project. Regarding the excavation, the applicant explained engineers have looked at the plans and did not express any concerns.

During Board deliberations four of the Board members expressed that they felt that the proposed five story building was too dense for the site and the neighborhood. One Board member stated that the proposed density is twice the density limit for the Media District and that the building is too tall. All Board members stated that the structure did not fit in with the village like feel along this section of Riverside Drive. Two Board members stated that the building fa�ade along Riverside Drive was too plain, with no fa�ade variation. One Board member felt that the parking ratio proposed would be a detriment to the area. One Board member stated that the building design was a good one. All Board members stated that they could not make the finding of compatibility (Exhibit 2).

Following Planning Board Hearing: In response to the concerns of the Planning Board and the residents in opposition to the project, the applicant submitted an appeal and reduced the size of the project, removed all compact parking spaces, and removed the restaurant and coffee shop components. The illustrative section of the plans incorrectly shows restaurant use on the first floor (Exhibit 5). Also, the applicant added several design features to the building elevation facing Riverside Drive. As a result, a traffic study would no longer be required as the proposed project is not expected to generate 50 or more peak hour trips. However, the traffic analysis is still discussed in this report and is part of a proposed Negative Declaration (Exhibit 4).

Current Proposal: The applicant�s modified project proposal is for a CUP and DR to construct a 31,165 square foot, three-story building with 24,100 square feet of office space and 7,065 square feet of retail uses, a 12 space surface parking lot, four surface parking stalls, a loading zone located at the rear of the lot and a 97 space four-level subterranean parking garage. The total number of parking spaces proposed is 113. A surface parking lot is still proposed at the corner of Maple Street and Riverside Drive. The project would provide five parking spaces per 1,000 square feet of mini-mall use and three parking spaces per 1,000 square feet of office space. A CUP application is required for a reduction in the mini-mall parking requirement from ten parking spaces per 1,000 square feet to five spaces per 1,000 square feet, a building height of 40� 9�, and use of the Development Opportunity Reserve to exceed the 1.1 floor area ratio limit (Exhibit 5). 

Project Comparison

The applicant reduced the size of the project and removed several elements to address Planning Board and other publicly stated concerns. The following chart compares the original project proposal that was presented to the Planning Board with the current project proposal and compares that to code requirements.   

The original proposal included windows on the Riverside Drive fa�ade with limited variation in plane. The applicant added several features to this fa�ade including balconies, a large terrace, and inset window features.

Public Correspondence: Since the Planning Board hearing, no public correspondence has been received.  

ANALASIS:

Surrounding Neighborhood: The project site is surrounded by commercial properties. Adjacent properties to the north are generally developed with one to five-story retail, restaurant, and office buildings. To the west are properties developed with one to two-story restaurant and retail uses. To the south are properties developed with one to three-story buildings developed with restaurant, retail, and hotel uses. The adjacent properties to the east across an alley are developed with high rise office buildings. The project is 300 feet from any R-1 single family zoned property, and 20 feet from an MDR-4 zoned segment of a split zoned property that is mostly zoned MDC-2 and the entire property is used for an eight to ten story office building with a surface parking lot. The project is expected to be compatible with the surrounding Media District uses (Exhibit A-3 of Exhibit 1).

Impacts

The proposed project is expected to have fewer traffic, parking and noise impacts than the current development on the site. The existing uses on the site include four restaurant uses and four retail uses. The two restaurants with incidental alcohol generate more noise than the proposed office and retail uses. The existing uses on the property, as explained later in the report, are deficient 83 parking spaces under current parking requirements, and would generate much more peak hour traffic than the proposed project.

Compatibility

The size of the proposed structure and the proposed uses inside the structure are consistent with the structures and uses in the area. To the east of the proposed site one block away are a three-story hotel and a three-story multi-use project recommended for approval by the Planning Board. The multi-use project is located at 3901 Riverside Drive. It consists of a three-story building with retail/restaurant use on the first floor and eight residential units on the second and third floors. To the west one block away is a four-story office building and several multi-story buildings. To the north are two high-rise office buildings. To the south are one-story retail/restaurant buildings. The office and retail uses inside the proposed structure are uses that prevail in this area (Exhibit A-3 of Exhibit 1).

Height

The proposed project meets the maximum height requirements for the MDC-3 zone. However, there is a provision in the Code which requires a CUP for all structures over 35 feet. The Code only requires that the structure be compatible with other uses surrounding the site and that the structure have distinctive urban design elements and architectural standards for approval of a CUP to exceed 35 feet. There are two high-rise office buildings to the north and within 70 feet of the subject site. Along Riverside Drive kitty-corner to the subject site is a three-story building and one block away to the east is a three-story mixed-use project that has been recommended for approval by the Planning Board. To the south are single story retail shops and restaurants. To the west on Riverside Drive across Pass Avenue is a five-story office building. The proposed building is three-stories and has a unique modern urban design with balconies, a terrace, and fa�ade variations on the elevation that faces Riverside Drive. These fa�ade variations are present on the entire Riverside Drive facing elevation (Exhibit 5).

Density

The density requirement for the proposed project is 1.1 FAR. The proposed project has an FAR of 1.44, so the applicant has requested FAR credit from the Development Opportunity Reserve (DOR) for the excess .34 FAR (7,395 square feet). The Media District Specific Plan (MDSP) permits the 1.1 FAR limit to be exceeded if the project meets the goals of the MDSP.

An analysis of the nearby buildings was conducted and the results show that the density of the proposed building will be compatible with the density of the buildings in the area (Exhibit A-4 of Exhibit 1). The proposed project has a much lower density than the buildings surveyed as the following table shows:

Floor Area Ratio (FAR)

The MDSP includes a DOR that allows the stated FAR limit of 1.1 to be exceeded through the CUP process for projects which provide benefits to the City by meeting the goals of the MDSP. The DOR is designed primarily to assist smaller properties which may have difficulty recycling at the FAR 1.1 density limit. Consequently, DOR is only available to properties where contiguous lots under one ownership are four acres or less in size. The DOR is limited to 800,000, office equivalent gross square feet of development. The subject property meets this requirement as it is less than one acre and the subject lots on which the building and subterranean parking will be constructed are under one ownership and a covenant will be prepared tying the parking lot to the proposed building. The proposed commercial building has a FAR of 1.44 (Exhibit 5). The DOR currently has a balance of 724, 844 square feet. In the 15 years since the MDSP was adopted, only 75,156 square feet have been used. The most recent approval was in 2001 when the City Council approved the use of 42,038 square feet for the Bob Hope Project at Olive and Alameda. This proposal was for an office and theatre project consisting of 123,500 office equivalent gross square feet. The proposed project would use 7,395 square feet of the 724,844 square feet of the DOR, leaving 717,449 square feet DOR available for future projects.

Parking

In the Riverside Corridor pedestrian activity is expected to be very high, especially during regular working hours, because the nearby Warner Brother�s facility has a large workforce as well as other office buildings in the area. With Warner Brothers nearby and the large amount of office buildings in the vicinity a high volume of walk-in traffic is expected to patronize the proposed first floor mini shopping center. The Media District Blue Ribbon Committee, the City of Burbank Planning Board, and the Burbank City Council created the MDSP, and they expected a large amount of foot traffic in this area. As such, a provision was put in the MDSP allowing a reduction in the parking requirement for mini shopping centers with approval of a CUP in place of a Variance. The findings for a Variance are more difficult to make than the findings for a CUP. The only requirement for approval of a CUP to reduce the parking requirement is that the uses primarily serve a walk-in trade due to the nature of the proposed use and that it be in close proximity to large concentrations of employment. It is expected that the large office buildings, as well as the offices in the proposed building, will have a large employee base that will walk to the mini shopping center on the first floor. Therefore, a reduction in the parking requirement for the retail portion of the project from ten spaces per 1,000 square feet to five spaces per 1,000 square feet is a reasonable request.

The difference between the five spaces per 1,000 square foot requirement and the ten spaces per 1,000 square foot requirement for the mini-shopping center is 36 parking spaces. The subterranean parking garage and surface parking areas will be available for public use in the evenings. It is anticipated that there will be a fee charged for the use of these parking spaces.

All proposed parking spaces will meet current parking requirements including but not limited to drive aisle widths, stall dimensions, back up distances, and handicap height clearance. The spaces in the subterranean garage and the surface parking spaces will be easily accessible (Exhibit 5).

The existing uses on the site are extremely under-parked with substandard parking spaces along the alley and a few at the front. The parking requirement for the existing uses on the site is 99 parking spaces. There are 16 substandard parking spaces spread out among the different uses on the site. The existing uses on the site are deficient 83 parking spaces. The proposed project is short 36 parking spaces and the 107 proposed parking spaces are code compliant parking spaces.

Traffic/Circulation

Original Project Proposal

The City of Burbank requires a traffic study for all projects that will generate 50 net new AM or PM peak hour trips. Based upon the Institute of Transportation Engineers (ITE) Trip Generation Manual 7^th Edition, the originally proposed project would generate 66 net new trips in the AM peak hour and four during the PM peak hour. A traffic study was prepared by Meyer, Mohaddes Associates, which studied 19 intersections to determine if project traffic would cause a significant impact to the surrounding street system. The City of Burbank considers a significant impact to occur when project traffic increases intersection volume to capacity ratio (V/C) at an intersection by 2% or more, and that intersection operates at Level of Service (LOS) E or F after the addition of project traffic. A LOS of E or F represents poor operating conditions and is characterized by long delays and increased queue length at intersections.  The traffic study concluded that the project is not expected to significantly impact any of the surrounding intersections because it does not increase intersection V/C by 2% or more at any intersection operating at LOS E or F.

The construction of the project may require temporary encroachments into the public right-of-way. However, the length of these impacts and the existing traffic volumes are not such that the project would have significant construction impacts on traffic flow.  The project will have one driveway off of the alley leading to a surface parking lot and one off of Riverside Drive leading to the subterranean parking structure. The traffic study showed that there might be impacts as a result of left hand turns into and out of the subterranean parking structure, so access in and out will be limited to right turn only to prevent excessive queuing of vehicles on Riverside Drive. The driveways are located in accordance with City standards and will not be detrimental or dangerous to existing traffic movements or emergency vehicle access. The project is consistent with the City�s parking requirements and transportation policies.

Current Project

The original project was reduced to such an extent, both in size and use, that the currently proposed project would generate fewer net new trips than do the existing uses. The proposed project, therefore, does not require a traffic study as it does not exceed the 50 trip AM or PM peak hour trip threshold. The following table shows that, after subtracting the pass by reduction credit and the trips generated by the existing uses on the site, the proposed project is expected to generate fewer trips in the AM peak hour and fewer trips in the PM peak hour than the existing uses on the site. The table also shows that when compared to the original proposal the current project is expected to generate 128 less AM peak hour trips and 75 less PM peak hour trips than the originally proposed project would have generated. The right turn in and right turn out requirement for the driveway entrance to the subterranean parking structure would still be required.

 4001-4017 Riverside Drive Revised Project Description Trip Generation Comparison to Original Project Description

The Media District Specific Plan

The subject site is located in the Riverside Drive Corridor of the MDSP. The MDSP is a growth-control plan designed to reduce the amount of development that could occur under previously existing codes. It was intended to prevent mini-towers and buildings that exceed 15 floors and protect surrounding residential areas. The Plan contains reduced maximum building height limits, a small development opportunity reserve and maintenance of the stair-step height-setback requirements. The Plan calls for projects in the Riverside Corridor to have architecture which promotes the diversity of the street for a pedestrian environment. It requires landscaping which softens the appearance of the sidewalk/building interface and provides interest for pedestrians. It encourages the ground floor of future buildings to be used as retail. The proposed project meets the intent of the Riverside Drive Corridor as the building provides retail use on the first floor and the building will serve the needs of the Media District business community. The Landscaping and the fa�ade variations will be inviting to pedestrians from nearby office complexes on Alameda Avenue and the studios and offices to the south. The reduced size of the building will serve to maintain the village-like feel of the Riverside Drive Corridor.

Department Comments: The revised plans were sent to the Public Works Department for review, specifically to review the subterranean garage, and all surface parking spaces. The Public Works Department is satisfied with the design.  

Environmental Status: A revised Negative Declaration was prepared and it was found that the project would not have significant impacts on the environment (Exhibit 4).

CONCLUSION:

It is staff's assessment that with the recommended Conditions of Approval, the six findings required for approval of a CUP can be made for the revised project.  It is also staff�s assessment that approval of the DR can be granted.  The additional findings relating to trip generation are no longer required for the DR because of the changes made to the project.

REQUIREMENTS FOR GRANTING A CONDITIONAL USE PERMIT (CUP):

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

Burbank Municipal Code (BMC) Section 31-2107 (a) requires approval of a CUP for use of the DOR to allow the stated FAR limit of 1.1 to be exceeded through the CUP process. BMC Section 31-2107 (b) requires a CUP for structures that exceed 35 feet when the maximum height limits permitted in this zone are not exceeded. BMC Section 31-2107 (d) allows for a reduction in the parking requirement for mini-shopping centers with approval of a CUP. 

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

The uses in the area are commercial with the nearest residential use well buffered from the project site by Riverside Drive, commercial property and an alley. The increased FAR is not expected to negatively affect surrounding properties as they are developed with commercial structures, several of which have FARs many times greater than the proposed structure. The 7,395 square foot DOR requested is not a large amount of excess added square footage and is not expected to impose on the surrounding neighborhood.

The 40� 9� height of the proposed structure is not expected to negatively affect uses permitted in this zone, since office buildings similar or greater in height surround the subject site. Several buildings along the Riverside Corridor are the same height or higher. This project also has commercial uses on the first floor which will serve the uses permitted in this zone.

The reduction of the parking requirement for the mini-shopping center portion of the project from ten spaces per 1,000 square feet to five spaces per 1,000 square feet is not expected to negatively impact the parking situation in the area. Currently, the site contains 16 off-street parking spaces to serve three restaurants, three retail businesses, a liquor store, and a deli. As such, the site is currently grossly deficient in parking. The proposed project is expected to meet the parking demand, unlike the current uses on the lot.

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

There are several larger office buildings, restaurants with incidental alcohol, and retail uses in the surrounding area. These office buildings are taller and have a higher density. The older commercial properties in the surrounding area have little to no off-street parking while the subject property will be adding 113 parking spaces to meet the project demand. As stated in the previous findings, the uses in the area are commercial with the nearest residential use well buffered from the project site by Riverside Drive, commercial property, and an alley.

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

The site is adequate in size and shape to accommodate the proposed office, retail, and restaurant uses. The project meets all setback requirements, circulation requirements, and the landscaping requirements for the proposed structure and the surface parking lot.

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

The existing transportation infrastructure is adequate to support the type and quantity of traffic generated by the subject business. The right turn in and right turn out requirement for the driveway entrance to the subterranean parking structure on Riverside Drive will eliminate potential queuing problems from drivers holding up traffic by trying to make a left hand turn into and out of the parking structure. This will reduce the queuing in and out of the structure and help maintain a steady traffic flow. The entrance to the parking structure meets height requirements for handicap parking and driveway slope requirements so that the driver has visibility upon exiting the structure. A traffic study was conducted for the originally proposed project and determined that no significant impacts were identified at any of the 19 study intersections when project-generated traffic was added to the projected future base conditions. The modified proposed project is expected to generate less traffic and have no significant impacts at any of the 19 study intersections.

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

The conditions of approval will mitigate any potential negative impacts on the community that might result from the proposed use.

Requirements for Granting of a Development Review:

(1)               All provisions of this Code will be satisfied.

            With approval of the CUP the proposed project complies with all requirements of the BMC subject to compliance with all DR comments and conditions of City Departments and Divisions.

(2)               The environmental document prepared for this project was considered prior to project approval and satisfies the requirements of the California Environmental Quality Act (�CEQA�) or the project is exempt from CEQA.

            Pursuant to CEQA, a Negative Declaration has been prepared for the project, which indicates that the project will not have a significant impact on the environment (Exhibit 4).

RECOMMENDATION:

Staff recommends that the City Council adopt a resolution upholding the appeal and approving project No. 2005-103 a Conditional Use Permit and Development Review.  

LIST OF EXHIBITS:

Exhibit            1          Planning Board Staff Report for Project No. 2005-103

                        2          Planning Board Minutes dated 11/27/07 for Project No 2005-103

                        3          Planning Board Resolution No. 3070 for Hearing on 11/27/07, Project

                                    No. 2005-103

                        4          Revised Negative Declaration (Traffic Study Attached Document)

                        5          Revised Project Plans (Large Sets Attached Documents)

                        6          Appeal Application

                        7          Petition from Burbank Residents Opposing the Project (Received At the

                                    Planning Board Hearing)

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