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Council Agenda - City of BurbankTuesday, April 17, 2007Agenda Item - 3 |
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PURPOSE:
The purpose of this report is to consider a request by Dasher Lawless, Inc. to construct a four-story building consisting of 16,100 adjusted gross SF (AGSF) of restaurant space on the first and second floors, 9,425 AGSF of office space on the third floor, five apartment units on the 8,300 AGSF fourth floor with a fifth floor mezzanine in two of the apartment units, a three-level subterranean garage, a surface parking lot on a recently acquired adjacent property, and use of off-site parking spaces. The applicant is requesting a Planned Development and a Development Review to approve the project with unique development standards (Exhibits B-1 & B-2). The Planning Board heard the matter on January 8, 2007 and recommended approval of the project, subject to the conditions of approval, to the City Council by a vote of 5-0 (Exhibits A-5 & A-6).
BACKGROUND:
Property Location: The project site is located at 3805 West Olive Avenue (Lots 44, 45, 46, and 47 of Tract No. 9440, Map Book 134-53-54 and 109 North Screenland Drive (Lot 37 of Tract No. 9440, Map Book 134-53-54) at the northwest corner of Olive Avenue and Screenland Drive.
Zoning: The subject properties are zoned Media District Limited Commercial (MDC-2) (Exhibit A-1).
General Plan Designation: The subject properties have a General Plan Land Use designation of Commercial Limited / Olive Avenue West Corridor.
Property Dimensions: The 3805 West Olive Avenue lot is 132� wide and 90� deep and consists of 11,768 SF, the second lot located at 109 North Screenland Drive on the opposite side of the alley is 151.34� along the south property line, 113.74� along the east property line, 135�along the north property line, 45.34� along the east property line, and consists of 10,738 SF.
Street Classifications: The subject properties are on the northwest corner of Olive Avenue and Screenland Drive. Olive Avenue is a Major Arterial with a 100� right-of-way with an island median (80� paved with a 10� sidewalk on the north side) and Screenland Drive is a Local Street with a 60� right-of-way (36� paved with 12� sidewalks).
Current Development: The 3805 West Olive Avenue property is currently vacant and the 109 North Screenland Drive property is developed with apartment buildings consisting of eight apartment units. These are legal non-conforming in regard to use, since the property is zoned Media District Limited Commercial (MDC-2), which does not allow apartments on the ground floor (Exhibit A-2).
Project Description: The applicant is requesting approval of a mixed use project of 16,100 AGSF of restaurant use on the first and second floors (7,840 AGSF on the first floor and 8,260 AGSF on the second floor), 9,425 AGSF of office use on the third floor, 8,300 AGSF of residential space on the fourth floor (five apartment units), and a 55 space, three-level, subterranean parking garage (70 shown on the plans but per Public Works comments the three level structure can accommodate 55 code compliant spaces). Nine of these parking spaces are tandem valet parking spaces on the bottom parking level. Two of the residential units on the fourth floor contain a fifth floor mezzanine, one consisting of 198 SF and the other of 206 SF. A 23 space surface parking lot is proposed on an adjacent property located across the alley to the north. The applicant proposes to use ten off-site surface parking spaces available all day Monday through Friday and 80 off-site parking spaces available in the evening (after 5:00 p.m.) Monday through Friday and all day Saturday and Sunday to meet the parking demand for the uses inside the proposed building (Exhibit B-1). In order to meet the parking demand at 1:00 p.m. a condition of approval has been added requiring the closure of the second floor restaurant space between the hours of 12:00 p.m. and 4:00 p.m.
This project will provide four restaurants on the ground floor that are intended to serve pedestrian patrons from Warner Bros. Studios and neighboring office buildings. One of these restaurants is proposed to be a coffee shop (such as a Coffee Bean and Tea Leaf) which will occupy 1,320 AGSF of the first floor restaurant space. The other three restaurants are unknown at this time, but will be quality restaurants as defined by Institute of Transportation Engineers, Trip Generation Manual, 7th Edition (ITE). The second floor will be occupied by one or two high-end restaurants, and the third floor will be office space intended for use by media related businesses or general office use. The residential units, above the retail spaces, will be high-end rental units ranging from 1,438 AGSF-2,076 AGSF.
The European style building will have distinct fa�ade features which give the building curbside appeal. These features include a tower like entrance with a large arched entryway, large windows with elaborate molding, and a large cupola. The building elevations along Olive Avenue and Screenland Drive have fa�ade variations such as significant breaks, a large outdoor patio on the second floor, and molding throughout the exterior of the building.
The subterranean parking lot will be shared among the restaurants, office, and residential guests and will have separate reserved parking for residential tenants. Valet parking services will be provided inside the parking structure and will be available for restaurant patrons, office employees, and apartment residents. This is proposed to be a full-service building where valet parking service is available for all the uses on-site during all hours. The parking spaces required for the residential units will be separate and located on the lower level of the parking structure. Conditions of approval will require signage and enforcement of parking control measures. A parking demand analysis was completed as part of the traffic study and is discussed in the analysis section of this report.
Municipal Code Conformance: The project site is located within the MDC-2 zone. As such, all buildings are required to comply with the MDC-2 standards (BMC Section 31-2107). The Burbank Municipal Code sets development standards for mixed-use projects in the Burbank City Center, which requires residential components of mixed-use projects to comply with R-4 standards. The City has developed a policy of extending these requirements, as recommendations, for mixed-use development in other zones. Under the City�s policy for mixed-use, the building envelope must comply with the underlying zoning of MDC-2, including floor area ratio (FAR), setbacks, height, landscaping, and parking. The residential component of the project must comply with the R-4 development standards that directly relate to the use of the unit, including density, common and private open space, and parking.
The applicant is requesting a Planned Development (PD) to set development standards for this unique mixed-use development. This division is intended as an alternate process to accommodate unique developments for residential, commercial, professional, or other similar activities, including combinations of uses and modified development standards, which would create a desirable, functional, and community environment under controlled conditions of a development plan (BMC 31-19119). Although the PD zone would set its own development standards, the following chart compares the project components to what would typically be required in the MDC-2 and MDR-4 zones.
Table 1: Comparison with General Development Standards
Public Correspondence: Prior to the Planning Board hearing the Planning Division received an e-mail (Exhibit B-3) from a resident in the area opposed to the project and two phone calls from residents in the area expressing concerns over traffic and parking. A traffic study was conducted which found that with the proposed mitigation measures the project will not significantly impact surrounding intersections. The traffic study results are discussed in detail in the analysis section of this report. In response to the parking concern the applicant acquired an adjacent lot and as part of this project proposes to remove all compact parking spaces and develop the lot with a 23 space surface parking lot. Also, the applicant is acquiring 10 additional off-site parking spaces for daytime use.
The City held a community meeting on October 30, 2006. Several members of the public attended this meeting for this project. One individual spoke in favor of the project, and others had questions which the applicant responded to that night (Exhibit A-4).
At the Planning Board Hearing on January 8, 2007, several local residents, local property owners, and local employees spoke during the public testimony portion of the hearing (Exhibit A-5). Several speakers stated that they are in favor of the project because it is a very attractive project and there is a need for restaurants that local employees can walk to, specifically Warner Bros. studio employees and executives. They stated that there is a shortage of restaurants in this area and that the project will bring pedestrian traffic. Several speakers opposed the project and expressed concerns over traffic and parking stating that there is a lot of traffic in this area and insufficient parking. These speakers also expressed concern over congestion in the alley as some speakers reside in the apartments across the alley to the north. To address these concerns, the applicant acquired an adjacent property across an alley to the north to be developed with a 23 space surface parking lot and is acquiring use of 10 additional off-site spaces for use during the day. The surface parking lot will provide more parking spaces for the project and improve circulation through the alley. A traffic study with a parking analysis was conducted and is discussed in more detail in the analysis section of this report.
ANALYSIS:
The Planned Development (PD) process is an alternative to traditional zoning that accommodates unique developments for residential, commercial, professional, or similar activities, including a combination of uses and modified development standards, which would create a desirable, functional, and community environment under controlled conditions of a development plan. These modified development standards allow projects to differ from development standards which may include height, setbacks, and FAR, among others. The PD is intended to ensure that such uses remain compatible with surrounding properties. In this case, the PD takes the place of a Variance and a CUP for a mixed-use project. A CUP would be required for a mixed-use project in the MDC-2 zone for structures over 35 feet and for reduced parking. The project would also require a Variance for reduced setbacks, landscaping and modified residential standards.
Surrounding Neighborhood: The project site is primarily surrounded by commercial properties and apartment buildings both conforming and non-conforming to the zoning in which they are located. The abutting and adjacent properties to the west and east are generally Media District Commercial uses including general offices, and post production facilities. The adjacent properties to the north and west of the alley are developed with two-story apartment buildings, which are legal non-conforming in regard to use. Further to the north is the property proposed to be used for shared parking which serves an office building. The abutting neighbor to the west is a two-story office building, next to this building is a Taco Bell restaurant, and across Kenwood Street is a four-story media office building. To the east across Screenland Drive is a two-story media office building next to which is a four-story office building. The project is 1,000 feet from any R-1 single family zoned property, 20 feet from apartments in an MDC-2 zone, and 210 feet from any Multi-Family zoned property. The project is expected to be compatible with the surrounding Media District uses.
Project Characteristics: The proposed project involves the construction of a mixed-use project that will be compatible with and offer resources to the existing Media District business community. The project will provide office supporting restaurant and residential uses, such as a coffee shop that will be intended to serve office workers and residential uses in the surrounding neighborhood. The project�s high-end rental units may be utilized by office workers or VIPs of the nearby studios. The project proposes some variation from code requirements in terms of parking, the building envelope, and the residential component. These variations are requested as the applicant is proposing a mixed-use project for which the City does not have code specific standards. Mixed-use may be permitted as a conditional use in the MDC-2 zone if it meets the underlying zoning guidelines and City policy recommends that the residential component shall comply with the R-4 residential codes. However, these code standards were not drafted with the intention of applying them to a mixed-use development; they were drafted with the intent of applying to either commercial or residential development. Mixed-use developments typically include a residential component that relies on its surrounding neighborhood for amenities and open space, and is space constrained since it is in a commercial area. Thus, the variations from code seem reasonable and consistent with other mixed-use development in the city. The project as proposed is reasonable for the number of units and the amount of commercial space proposed and is compatible with the existing surrounding development.
Density The Media District Specific Plan (MDSP) includes a Development Opportunity Reserve (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 SF 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 building has a FAR of 1.2 (Exhibit B-2). The newly acquired property at 109 North Screenland Drive is included in the FAR calculation. A condition of approval has been added prohibiting the construction of commercial building on the surface parking lot property. The DOR reserve currently has a balance of 717,449 SF. In the 15 years since the MDSP was adopted, only 82,551 SF have been approved for use. The most recent approval was in March 13, 2007 when the City Council approved the use of 7,395 SF for New World Development project at Riverside Drive and Pass Avenue. This proposal was for a three-story retail/office building and a surface parking lot consisting of 31,165 SF.
The office-equivalent gross SF (OE-GSF) is a concept which allows more floor area for specific uses which generate fewer peak-hour trips per square foot than general office buildings. The OE-GSF for multi-family residential use is 297 SF per dwelling unit. This means that a residential unit generates as much peak hour traffic as 297 SF of general office space. The proposed project consists of 16,100 adjusted gross SF (AGSF) of restaurant use, 9,425 AGSF of office use and 1,485 OE-GSF of residential use for a total building OE-GSF of 27,010. The proposed project will use 2,251 OE-GSF of the 717,449 SF of the DOR reserve, leaving 715,198 SF DOR available for future projects.
Residential Open Space & Amenities The residential component of the project is proposed with no common open space or amenities required under the recommended R-4 residential standards. However, there will be gathering areas in the first and second floor restaurant space. The apartments will most likely be used by media related businesses during the work week or during the filming of a movie. The project does not provide an on-site amenity (BBQ, water element, playground, etc.) as suggested under R-4 code. However, the restaurant uses on the first two floors will provide alternative gathering places for the tenants.
Height The maximum height for structures within the MDC-2 zone is determined by the proposed structure�s distance from Residential Single Family (R-1) zoned property. The proposed building is over 500 feet from R-1 zoned property. Therefore, the building may be 15 stories, provided that the highest portion of the structure shall not exceed 205 feet above the average grade of the lot. Code requires a CUP for structures over 35 feet in height. The proposed building has a maximum height of 55 feet (Exhibit B-1). The proposed structure does not exceed the maximum height, but because the structure exceeds 35 feet in height, a CUP is required to determine whether or not the height of the structure is compatible with buildings in the vicinity. A PD may take the place of a CUP.
Setbacks The Media District Commercial standards require a minimum 5� front and street-facing side setback or a setback equal to 20% of the building height, whichever is greater. Since the second of the two requirements is greater, the project is required to have an average setback equal to 20% of the building height (11 feet). However, the applicant is seeking to vary from this requirement and is proposing a 1� setback on both the front and street-facing side elevations of the building. The building is designed with fa�ade variations and patio dining on the first floor, which will create an aesthetically pleasing and pedestrian friendly appearance despite the 1� setback. The 10 and 12 foot width of the existing sidewalks is sufficient space for disabled pedestrians and can comfortably accommodate two-way pedestrian traffic.
In terms of promoting pedestrian activity and accessibility, a reduced setback that allows buildings to be close to the property line may create a more inviting and friendly environment given the outdoor cafes and large windows on the first floor. Reduced setbacks, with the addition of landscaping and pedestrian amenities, can help to stimulate a walking community and promote healthy lifestyles. Staff believes that the requested setback reductions when coupled with large 10� sidewalks along Olive Avenue and 12� sidewalks along Screenland Drive may enable the project to create a pedestrian environment that will be inviting to residents and employees in the neighborhood.
Noise The primary potential sources of noise for the project would be from the comings and goings of patrons and employees, deliveries and trash disposal/pick-up, and other such business operations. The project would be a significant distance away from any single family residences, however, the multi-family residences across the alley and the residential component of the project may be affected by operational activities. Therefore, the businesses on the first, second and third floors will be required to limit activities that may cause noise, such as deliveries or trash disposal, to the hours of 6 a.m. � 10 p.m. Monday � Friday, and 8 a.m. � 6 p.m. Saturday � Sunday. It is staff�s assessment that any noise impact will be minimal to the surrounding neighborhood and to the residents on site.
Landscaping Landscaping will be integrated into the building fa�ade, and trees will be placed on the parkway to the extent possible. The landscaping proposed will provide some green screening for the building and will provide enhancement to the aesthetics of the building. The landscaping will soften the building, but not hide the aesthetic warmth of the structure. Conditions of approval will require that the final landscaping plans be approved by the Parks, Recreation and Community Services Director before any building permits are issued.
The surface parking lot will be required to comply with the surface parking lot design standards and landscaping requirements as required under 31-1417 and 31-1418. 10% of the parking lot area will be landscaped and it will contain one 24 inch box tree per every four parking stalls.
Mobility/Circulation
Traffic Study As part of the environmental review for this project, a traffic study was prepared by Meyer, Mohaddes Associates to review the project�s impacts on the surrounding street system and the vehicular access to the site (Exhibit D). This study was conducted in accordance with the City�s guidelines and includes an analysis of 21 intersections (16 signalized and 5 un-signalized). In addition to these intersections, the segment of Kenwood Street, between Olive Avenue and Riverside Drive was analyzed.
Like most traffic studies, the study for this project incorporates assumptions about local travel patterns and trip distribution as well as trip generation data from the Institute of Transportation Engineers, Trip Generation, 7th Edition (ITE). This information was in turn compiled with existing traffic volume data and anticipated future development in order to estimate future traffic conditions. The traffic study also incorporates an ambient growth factor of two percent per year. Traffic studies must consider cumulative impacts of all anticipated projects and growth, not just the proposed project.
Typically, the ITE Trip Generation manual applies a pass-by trip reduction[1] of 20%. However, considering the unique mix of uses the San Diego Association of Governments (SANDAG) rates were applied to the project to account for pass-by trips considering 40% for coffee shop use and 10% for quality restaurant use. Since the project is located within a commercial area, it is reasonable to assume that the project will draw traffic that is headed down Olive Avenue towards the 134 or 101 Freeways from the studios in the Media District. Some of these trips will be able to access the project site from Olive Avenue by turning onto Screenland Drive. These trips are incorporated into the pass-by reduction.
The traffic study concluded that the project will increase local traffic in the immediate area of the project. However, most increases will not exceed the City of Burbank�s thresholds of significance. The intersection at Screenland Drive and Olive Avenue however, will be significantly impacted. The study recommended that a mitigation measure be implemented at that intersection and found that such measure would reduce the LOS from LOS F to LOS C in both the AM and PM peak hours. The following mitigation measure is proposed for the Screenland Drive at Olive Avenue intersection:
� The striping in the southbound approach would be modified from the existing single left-right turn lane to a single right-turn only lane with a restriction placed on the left turn movement.
Driveway Access Only one driveway is proposed for vehicle egress and ingress to the site. This driveway will be accessed from the alley off of Screenland Drive. The traffic study concluded that operations inside the parking structure shall perform smoothly to prevent congestion along Screenland Drive between the alleyway and Olive Avenue.
The traffic study recommended several treatments that would improve traffic circulation in and out of the site. These recommendations are listed below and will be included as conditions of approval.
The surface parking lot on the north side of the alley will allow for a larger turning radius into the parking structure and improve circulation by allowing vehicles to exit the alley without having to do a three-point turn in the alley. Vehicles will have the option of entering the surface parking lot through the west entrance and exiting through the east exit.
Parking The traffic study included a section on parking demand for the project. For this analysis, the study based demand on Burbank�s Municipal Code parking requirements for restaurant, office, and residential uses for the analysis. The City�s parking requirement for this project is 200 spaces total (161 required for the restaurant use, 28 required for office use, and 11 for the residential use).
In the study, these parking rates where modified to reflect the trip �capture� between the proposed project and the surrounding land uses. Trip �capture� occurs when patrons use one parking space for multiple trips without moving their vehicles. For example, if an office worker in the Media District parks in their office building lot but walks to this project to purchase a cup of coffee, this trip would be considered a �captured� trip. The surrounding uses have a high density of office workers who could potentially walk to the project for the retail services. The Urban Land Institute (ULI), a nonprofit research and education organization, publishes trip �capture� rates that vary from zero to 40% based on surveys of other projects. Considering the project�s surrounding land uses and density compared to ULI surveys, the traffic study selected 20% as a conservative estimate for this project. The study also accounted for shared parking between the different uses on the site that have different peak demand periods, which would result in demand less than the combined peaks of the individual uses. The study listed the parking demand for the combined uses on a per hour basis (Exhibit D).
The parking study shows that during the weekday between 6:00 a.m. and 11:00 a.m. the maximum parking demand is 74, which occurs at 11:00 a.m. and jumps to 98 at 12:00 p.m. then reaches its highest demand of 124 at 1:00 p.m. The demand incrementally decreases to 95 at 4:00 p.m. then jumps up again to 114 at 5:00 p.m. maxing out at 145 between 7:00 p.m. and 8:00 p.m. then incrementally decreasing to 103 at 11:00 p.m. and 77 at 12:00 a.m. The total number of parking spaces available before 5:00 p.m. Monday through Friday is 88; this includes 55 parking spaces in the subterranean parking structure, 23 parking spaces in the surface parking lot, and 10 off-site parking spaces. As such, the site is deficient by 36 spaces at 1:00 p.m. At the time the report was being prepared, the applicant was working with the Public Works Department to re-design the subterranean parking structure and the surface parking lot to comply with code and make them more efficient.
The applicant has secured 80 off-site parking spaces for use after 5:00 p.m. Monday through Friday and all day Saturday and Sunday (Exhibit B-1), which when combined with the subterranean parking spaces and the surface parking lot spaces, totals 158 and exceeds the parking demand. A condition of approval has been added, in order to reduce the parking demand between the hours of 12:00 p.m. to 4:00 p.m. requiring that the second floor restaurant space remain closed weekdays between the hours of 12:00 p.m. and 4:00 p.m. As the table below shows, this requirement reduces the parking demand below the supply, except at 1:00 p.m. when the demand matches the supply. During the weekends the off-site parking spaces are available and will meet the demand at all hours as well.
PROJECT SHARED PARKING ANALYSIS WITH TRIP CAPTURE
Staff has proposed requiring several parking structure controls, including; a parking structure fee system, designated residential tenant parking on the lower level, requiring employees to park on the lower level, and requiring valet service at all hours. These parking lot controls will discourage non-patrons or non-tenants from parking in the lot, encourage a quick turn-over of parking, and will overall improve the circulation and utilization of parking spaces in the lot. The requirement that the second floor restaurant use be closed between 12:00 p.m. and 4:00 p.m. will be regulated during the business registration process of the restaurant tenants. The applicant has stated that restaurant tenants that serve breakfast and dinner only are available. The applicant has stated that he will continue to attempt to acquire additional parking spaces. A condition of approval has been added allowing use of the entire second floor restaurant space if the applicant obtains the 36 parking space shortfall at a future date. A separate condition of approval has been added allowing use of half of the second floor restaurant space if the applicant obtains the 18 space shortfall at a future date. These spaces might be obtained through off-site means, or staff recommends the applicant go one level deeper to capture the required parking spaces. A condition of approval would allow the applicant this opportunity.
Economic theorists believe that the reduction of parking with the implementation of parking lot controls may actually encourage pedestrian trips. University of California Los Angeles Urban Planning Professor Donald Shoup, the author of The High Cost Of Free Parking, believes that as parking becomes scarce, the incentive to walk increases, considering that driving travel times becomes more comparable to walking travel times considering the time it takes to �cruise� for an available parking space. Applying this concept to the proposed project, the reduction in parking may reduce driving trips to the site and may promote the pedestrian conductivity of the neighborhood. The proposed type of restaurant establishments are conducive to walking trips as there is no merchandise to carry in hand and the surrounding office buildings and media related work force provide a large market of potential walking patrons. They demonstrate that for uses without typical �demand� parking provided, an adjacent neighborhood will increase their pedestrian trips to the site.
The traffic study also found that there are possible reductions in parking demand that would occur if the parking was shared between residential tenants and restaurant patrons and employees. On the contrary, staff is recommending that the residential parking required for the residential tenants not be shared with the retail uses. Staff believes that this shared parking scenario may make it difficult for residents to always secure a parking space and that it is not a realistic option considering that some residents may be home during off-peak residential times. This is the case as some people may work from home, work non-traditional hours, or are home on a sick day. However, staff agrees with the traffic study that the required one guest parking space can be shared with the retail parking as the residents usually will have guests during off-peak business hours (during evenings and weekends).
Staff believes that the proposed parking with the shared parking scenarios as described in the table above will be sufficient for the project. In order to maximize the utility of the parking several control measures will be required. Staff is requiring the project to provide the following to improve the utility of the parking structure.
Aesthetics/Design The proposed design of the building meets the overall Media District standards for materials and style. The building design includes distinctive articulations of the rooflines. The overall design would be complementary to the architecture in the surrounding neighborhood. The proposed landscaping will enhance the architecture and the existing streetscape.
All lighting on the site is subject to City standards, but will be enhanced by highlighting the architecture of the building.
The Media District Specific Plan (MDSP) sets many goals for developments to comply with in the Media District, especially when an applicant is requesting the use of the DOR. Many of these relate to the design of structure and the compatibility to neighboring buildings. Intensive development near single family residential neighborhoods is restricted and land uses which promote pedestrian travel within the commercial corridors are encouraged. Distinctive urban design elements and architectural standards which emphasize the unique entertainment orientation of the Media District are encouraged as well as orientation which creates an active street life. A mix of land uses is recommended, especially those which support the employment base. This project has taken the Media District goals and packaged them within an attractive European-style building.
Land Use Character The General Plan has designated the project site for Commercial Limited/Media District commercial uses. This zone is intended to encourage and support the development of small media related offices and support retail/service establishments, restaurants and some general retail uses are encouraged. The MDSP designates the area the project is located in as The Olive Avenue West Corridor. This area is intended to promote sidewalk caf�-style restaurants and shops that open up onto the pedestrian ways, encourage uses that enhance the image of this corridor as a gateway to the City and promote a higher quality of development and minimize curb cuts. The plan encourages high quality architecture, landscaping and unified urban design. Motorists and pedestrians should have the sense of entering a unique area and find this corridor inviting. This project is compatible with the goals of the plan as it has ground floor restaurants with outdoor patios, landscaping integrated into the building facade, and is designed to attract pedestrian activity to the site. The uses in the building will serve the media industry which is prevalent in this corridor. It will provide dining options within walking distance, which are missing in this corridor, to Warner Brothers� employees and media and non-media related businesses in the area. This mixed-use project is compatible with the surrounding neighborhood as it provides residential opportunities, restaurant, and office uses. There are two office buildings within one block along Olive Avenue that are four-stories or greater and there are high-rise buildings within three blocks as well.
Goals of the Olive Avenue West Corridor
� Encourage retail uses that enhance the image of this corridor as a gateway to the City. Discourage uses that detract from that image. The proposed high quality restaurant use will give the image of an upscale community with a sense of uniqueness the building design brings. The European design of the proposed building with arched windows, an arched entryway, and patio seating on the ground floor integrates well with the pedestrian ways. The image portrayed is one of uniqueness, timeless design, and pedestrian friendliness. Instead of a box like office building with no fa�ade variations closed off to pedestrians, this design offers many different fa�ade enhancing features that call attention to the building and make the building inviting to pedestrians.
� Allow for the creation of a unified retail frontage on the west side of Olive south of Warner Boulevard in conjunction with the neighborhood protection program for Toluca Lake. While this project is not south of Warner Boulevard, currently there are many office buildings in this section of Olive Avenue, and this project will add a restaurant component to this section of Olive Avenue. This project will not affect the neighborhood protection measures established as part of the MDSP.
� Retain, in some form, the media billboards on Olive particularly at the intersection of Olive and Pass. The proposed project will not alter or obstruct these billboards as currently configured.
� Promote sidewalk caf�-style restaurants and shops that open up onto the pedestrian ways. The first floor of the caf�-style restaurants contains two large open patios that open up onto the pedestrian ways, and a large open archway entrance. These patios which are integrated into the building�s European design will be attractive and appealing to pedestrians creating a pedestrian draw to the site.
� Encourage lot assembly to promote a higher quality of development and minimize curb cuts. Currently the proposed site is a vacant lot abutting public streets, an alley, and an office building that separates adjacent lots. The applicant has recently acquired the adjacent property to the north and proposes to develop the property with a surface parking lot. The properties will be assembled and will serve to create a higher quality development. The proposed project will not have any curb cuts and will be accessed off the alley.
� Promote development which serves as a transition from the studio uses on the east to the residential neighborhoods on the west. The proposed project with its residential, office, and restaurant components will serve effectively as a transition from the studio uses to the residential neighborhoods. The single family residential neighborhoods are over 900 feet from the proposed site; however this building will serve the residential neighborhood with the restaurant component and the studios with the restaurant, office, and residential components. There is currently a need by the studios for restaurant and residential uses along this corridor.
Planning Board Hearing: On January 8, 2007 at the Planning Board Public Hearing, the Planning Board was presented with a request for Project No. 2006-46 (Exhibit A-5 & A-6). At the time this project was presented to the Planning Board the applicant had not acquired the adjacent property proposed to be a 23 space surface parking lot. Also, since the meeting the applicant has stated that he will attempt to acquire 10 additional off-site parking spaces for daytime use. The project presented to the Planning Board included 32 compact parking spaces in a 76 space subterranean parking structure and no mezzanines in the residential units. A condition of approval was included requiring that the entire second floor restaurant space be closed between 12:00 p.m. and 5:00 p.m. so the project would meet the parking demand. The proposed project was short two parking spaces, with the second floor closure, at the peak daytime parking demand which occurs at 1:00 p.m.
The Planning Board had concerns about use of the alley to gain access into the parking structure due to the potential for congestion as a result of queuing. They expressed concern over the depth of the loading dock, which they felt could cause further congestion in the alley during deliveries. They were concerned about the compact parking spaces, and there not being full time valet service. The Board also felt that the condition of approval requiring an off-site parking covenant for the 80 parking spaces was not specific enough and should allow the applicant the option of allocating the 80 parking spaces at other locations. The Planning Board amended conditions of approval to require that the loading dock be 18 feet in depth, the elimination of all compact spaces, full time valet service and giving the applicant the option of allocating 80 off-site parking spaces on a site other than the proposed site. The Board was concerned with the use of off-site parking spaces to meet the parking demand but felt that the off-site parking covenant, if well prepared, would be adequate. These conditions are included in the proposal to the City Council.
To address the concerns of the Planning Board and local residents who spoke at the Planning Board hearing the applicant acquired the adjacent property across the alley to the north to develop it with a 23 space surface parking lot. This will increase the number of parking spaces allowing the supply to exceed the parking demand at all hours with the closure of the second floor restaurant use between 12:00 p. m. and 4:00 p.m. The addition of the surface parking lot will improve the vehicle circulation through the alley. The applicant also added a 198 square foot mezzanine to one apartment unit and a 206 square foot mezzanine to another after the Planning Board meeting. These mezzanines were part of the original application but were removed from the project proposal prior to the Planning Board hearing.
Department Comments: The subject application and plans were routed to City departments and divisions for review and comment. No departments or divisions expressed opposition to the project. Requested conditions of approval have been incorporated into the project as appropriate and are listed under the appropriate heading. All code related comments from the departments and divisions (Exhibits C-1 through C-7) must be met as a condition of building permit issuance. Subsequent to receiving the department comments, the applicant made changes to the project mostly as they relate to the parking garage and the added surface parking lot. These changes were reviewed with the relevant departments and the conditions imposed reflect the most recent project design. The Public Works Traffic Engineering Division amended the comments relating to the subterranean parking structure and the surface parking lot. The comments suggest that approximately 15 of the proposed 70 parking spaces in the subterranean parking structure do not comply with Code and therefore, only 55 spaces have been considered.
Environmental Review: Pursuant to the California Environmental Quality Act (CEQA), a MND has been prepared for the project which indicates that, with the incorporation of the proposed mitigation measures, the project will not have a significant impact on the environment. The MND specifically identifies potential impacts and mitigation relating to transportation and traffic, as discussed in the previous section (Exhibit D). The acquisition of the adjacent property is in response to Planning Board concerns, and will improve the project, and will not cause new avoidable significant effects. Therefore, recirculation of a MND prior to adoption is not required.
CONCLUSION:
Staff believes that the project would have an overall positive affect on the surrounding neighborhood. The use will promote pedestrian activity and will provide housing opportunities for employees in the Media District. Any negative impacts on traffic and circulation will be mitigated by the proposed conditions of approval and the physical buffer of the surrounding commercial zones and surrounding street network.
It is staff�s assessment that the findings required for a Planned Development and Development Review can be made.
Requirements for Granting of a Development Review For a Project with More Than 50 Peak Hour Trips That is Not Residentially Adjacent
(1) All provisions of this Code will be satisfied. The proposed project complies with all requirements of the Burbank Municipal Code subject to the Planned Development, and Development Review approval, and subject to compliance with all comments from the City Departments and the conditions of approval.
(2) The Project would not have an adverse effect on traffic flow or circulation, or, any traffic impacts are deemed acceptable due to the benefits of the project to the community outweighing any potential adverse traffic impacts. This includes; 1) impacts on traffic circulation, vehicle ingress and egress points, or volumes of traffic generated, and 2) significant impacts to the level of service at intersections as identified through a traffic impact analysis and environmental review. A traffic study was conducted for the project and it was concluded that if the recommended mitigation measures are implemented then the project will not have a significant impact on traffic circulation. To mitigate any potential circulation impacts in and around the site, valet parking will be required during all hours of restaurant operation. This will also mitigate potential congestion due to queuing as motorists search for available parking stalls. In addition, assigned parking stalls for the residential units will be required as a condition of approval to be located on the bottom parking level. With these mitigation measures traffic circulation, vehicle ingress and egress impacts are expected to be minimal.
The traffic study identified an intersection (Screenland Drive and Olive Avenue) and a street (Kenwood Street between Riverside Drive and Olive Avenue) that would be impacted by the predicted traffic generated by the proposed project. The traffic study recommended two mitigation measures that would reduce the impact to the Screenland Drive and Olive Avenue intersection to less than significant levels, and reduce the impact to Kenwood Street if it becomes impacted in the future. The mitigation measure for the intersection is to re-stripe the existing single left-right turn lane to a single right-turn only lane with a restriction placed on the left turn movement. With these mitigation measures the traffic study concluded and staff agrees that the impacts on traffic circulation and impacts to intersections in the area will not reach levels of significance as defined by the City of Burbank. The recommendations in the traffic study are included as conditions of approval and will be required to be implemented with the construction of the project.
The proposed project provides subterranean parking for customers, employees, and residents in a secure garage. There is pedestrian access from the subterranean garage to the elevator that provides direct access to the building. The parking requirement is 200 parking spaces, and the plans submitted do not comply with this requirement showing 55 parking spaces. However, the parking study reports that the actual peak demand is 148 on the weekends and 145 at 8:00 p.m. during the week. The applicant has acquired 10 off-site parking spaces for use during daytime operations and 80 off-site parking spaces between 5:00 p.m. and 12:00 a.m. during the week and all day during the weekends. These spaces have been acquired through a lease and these spaces are currently used by an office building. A condition of approval requires an off-site parking covenant be processed through the City confirming availability of the 10 parking spaces during the day and 80 parking spaces after 5:00 and weekends. With these additional spaces the parking peak demand can be met. However, between the hours of 1:00 p.m. and 3:00 p.m. the parking demand exceeds the parking supply. To mitigate this parking deficit a condition of approval will be added requiring that the second floor restaurant space be closed between 12:00 p.m. and 4:00 p.m. until which time the applicant secures additional parking spaces to meet the demand. With this mitigation measure the parking demand during the day will be exceeded at all times. Parking control measures will be added as conditions of approval to ensure that the parking structure, surface parking lot and off-site parking spaces operate efficiently. For example, valet parking service will be required during restaurant operating hours and required residential parking spaces shall be assigned to the bottom level. These measures will improve the functionality and internal circulation of the parking structure.
Requirements for Granting a Planned Development
(1) The design of the overall planned development shall be comprehensive and shall embrace land, buildings, landscaping, and their interrelationship shall be substantially consistent with the General Plan and any applicable Element of the General Plan. The building�s design and all applicable components are consistent with the General Plan. The General Plan designation for this property is Commercial Limited/Media District which allows for commercial uses that serve the retail/service needs of the adjacent office district and promote uses that enhance the image of this corridor as a gateway to the City. The mixed-use project will contribute to increasing the rental housing stock in the Media District and provides office compatible restaurant uses. The project goals and overall design are consistent with the goals of the General Plan and the Media District Specific Plan.
(2) 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 to the surrounding topographic and natural features of the area. The project as conditioned would not have a significant adverse effect on traffic flow or circulation. The planned development provides sufficient amenities and uses to integrate the project into the surrounding area. The project is located in an urbanized commercial area of Burbank that has mid-rise and high rise buildings. The project provides 55 parking spaces within a secured subterranean parking garage. The traffic study conducted for this project finds that the amount of parking provided will not meet the demand for the proposed uses; however, with the 23 space surface parking lot, 10 off-site parking spaces secured during day time hours of restaurant operation, and 80 off-site parking spaces secured by the applicant after 5:00 p.m. the evening demand will be met, and by requiring the closure of the second floor restaurant space and valet parking during restaurant operation hours the daytime parking demand will be met. The circulation of vehicles, and the proposed egress and ingress are sufficient for this project. The traffic study has identified improvements that will be required as part of the conditions of approval to ensure that the circulation around the project does not have a negative impact on traffic flow. The frontage of the building is designed to encourage pedestrian activity with the types of uses, and the design of the building. The mixes of uses within the project are well integrated and suited for the site.
(3) The planned development shall be compatible with existing and planned land use on adjoining properties. The adjacent uses are office, studio, apartment, and restaurant uses, the uses proposed for this project are compatible with the surrounding uses and will provide complementary uses for the office tenants. The restaurant uses proposed will provide food sales resources and the residential uses will provide a housing resource for Media District employees.
(4) 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 function of any area or facility. No private street system is proposed. The circulation system consists of one entrance off of the alley to the rear and a 3-level subterranean parking structure. These elements of the project have been designed and conditioned to provide efficient and safe flow of vehicles, pedestrians, bicycles, and the handicapped. The vehicle access to the alley is located on a local side-street, thus avoiding vehicle conflicts. Olive Avenue is specified as a pedestrian corridor in the Media District Specific Plan and the project is designed to encourage pedestrian traffic with open patios and a street-level entrance. The parking structure provides pedestrian access from the structures to the four floors of the building and the street-level pedestrian entry on Olive Avenue provides efficient access at grade. The sidewalks in front of the project will be wider than the minimum required for ADA accessibility. The traffic study for this project found that the circulation system was adequate for the amount and types of uses proposed and identified improvements that could be implemented to prevent any negative impacts on traffic around the site.
(5) The public street system within or adjacent to planned developments 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 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. The project will use existing street and sidewalk infrastructure; no widening shall be required for this project. The traffic study for this project found that the project will not create a significant impact to existing traffic patterns with the recommended improvements. The implementation of these recommended improvements will be required as conditions of approval for this project. Olive Avenue is a major arterial that can accommodate the amount of traffic that will be expected with the project of this size and composition. Screenland Drive is a local street and will provide a route for vehicle egress and ingress to the site via an existing alley. The project will maintain all City standards for entrance control, and will provide any necessary improvements for safe and efficient access.
(6) Common area and recreational facilities shall be located so as to be readily accessible to the occupants of residential uses. The restaurant and outdoor dining areas will serve as common area where residents can gather. The building will provide landscape integrated into the building and improvement of the streetscape and pedestrian access. The utility areas in the rear of the project provide access to trash and recycling receptacles. The project will be designed so that all common areas such as the lobby area and restaurant facilities will be easily accessible to all occupants of the project.
(7) 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 practical. The building is designed to be compatible with the surrounding buildings typology and will be designed with aesthetic improvements such as fa�ade variations, roof variations, and distinctive material and color choices. The project proposes fa�ade level changes with glass arched windows, a large arched entry, circular roof features and open patios. The architecture is designed to fit the surrounding character of the Media District which has a mix of modern-type glass high-rises, and unique modern structures. A sign program will ensure the signage is consistent with the overall design.
(8) 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 project is designed in a manner that shall provide for the needs of the occupants of the project and the surrounding neighborhood. The residential component of the project consists of large luxury apartments sufficient for the residential use proposed. The commercial space proposed is designed appropriately for six restaurant tenants which includes a coffee shop, and will meet the needs of potential tenants. The proposed uses will provide for the needs of the adjacent neighborhood including uses that will serve office employees and residents in and around the Media District.
(9) 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 project shall be designed in a manner conducive to the conservation of energy. The project shall be subject to complying with Title 24 energy conservation measures, and shall be required to show compliance prior to submittal for plan check. The project provides functioning windows on the fourth floor for the residential units to provide for air circulation and passive cooling. The location of the project is in close proximity to the Warner Bros. studio, and several office buildings which will promote walkability and alternative modes of transportation and thus reduce individual energy use.
RECOMMENDATION:
Staff recommends that the City Council approve Project No. 2006-46, a Planned Development, Development Review, associated Development Agreement and the Mitigated Negative Declaration related thereto, subject to the Conditions of Approval.
LIST OF EXHIBITS
Exhibit A-1 Zoning and Fair Political Practices Act Compliance Map A-2 Aerial of site and surrounding area A-3 Public Notice A-4 Community Meeting Notice A-5 Minutes for the Planning Board Hearing of January 8, 2007 A-6 Planning Board Resolution No. 3077 for project No. 2006-46
Exhibit B-1 Planned Development & Development Review Application Package B-2 Project Plans (attached document) B-3 Public Comment (one e-mail and one letter)
Exhibit C-1 Police Department Comments C-2 Fire Department Review Comments C-3 Water and Power Review Comments C-4 Parks, Recreation, and Community Services Review Comments C-5 Public Works Department Review Comments C-6 Building Division Review Comments C-7 Redevelopment Agency Staff Review Comments
Exhibit D Proposed Mitigated Negative Declaration, Traffic Impact Analysis and Parking Study (attached document)
[1] ITE considers pass-by trips to be those made as intermediate stops from an origin to a primary trip destination without a route diversion. For example, a car traveling using Riverside to get from the Media District to the Ventura Freeway that stops at the site would be considered a pass-by trip.
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