CITY OF BURBANK

PURPOSE:

To consider a request by Burbank Housing Corp. (BHC) for a Planned Development to convert an existing single-family residence to a neighborhood drop-in and tutorial assistance center and operate the center. Applicant also proposes deviations from the front and side yard setbacks required in the R-4 (Multiple-family Medium Density) zone for the front parking area. Applicant is also rehabilitating a four-unit apartment building on the same property, but no new construction is proposed.

BACKGROUND:

1) The subject property is a 7,750 square-foot (s.f.) interior lot on West Verdugo Avenue between Lake Street and Victory Boulevard (Lot 10 of Tract 5101, in LA Co. Recorder Map Book 56 pg. 23). This property, all adjacent lots, and all lots on both sides of this block of West Verdugo Avenue are zoned R-4 (Exhibit A-1). This zoning is consistent with the Burbank General Plan. The property is improved with an 870 s.f. single-family residence at 241 West Verdugo Avenue (Exhibit C-2), and a 3,220 s.f. four-unit apartment building at 243 West Verdugo Avenue on the rear of the property (Exhibit C-3). All units except one apartment are vacant pending rehabilitation.

2) The purpose of a Planned Development is to provide a process to accommodate unique or unusual development projects including combinations of uses, and allow modified development standards when such would help create a desirable, functional community environment under controlled conditions (BMC �31-19119). Any use may be permitted in a planned development, provided the use is specifically listed in the development agreement for the planned development (BMC �31-19122). The specific development regulations and standards for a planned development are contained in the development agreement. The development standards of BMC Chapter 31 are applicable unless, specifically modified by the development agreement (BMC �31-19121)

3) The applicant intends to convert the single-family unit to a neighborhood drop-in/tutorial center similar to the Elmwood Achievement Center they have operated successfully since 1995 (Exhibit D-1). The center will provide a place for after-school programs, one-on-one mentoring, job placement and other community service and enrichment activities. BHC's purposes for the center are described in a letter accompanying their application (Exhibit B). BHC anticipates the center will normally be open from about 2:30 p.m. to 6:00 p.m. weekdays. The center may also occasionally be used as a meeting place for weekend activities. The proposed use can be approved as part of a planned development.

4) The center will be primarily targeted at children and families living in other BHC owned/operated housing on West Verdugo Avenue, but will be open to other neighborhood children on a space available basis. Exhibit D-2 shows the location and number of units in other BHC properties in the neighborhood.

5) Proposed modifications and improvements to the structure include installing fire alarms and sprinklers, providing a wheelchair access ramp, and a handicapped accessible restroom, converting the living room and one bedroom to a program activity area resembling a school classroom, and converting a bedroom and the kitchen to offices for program and BHC staff (Exhibit B and Exhibit C-1).

6) In addition to the drop-in center, the applicants propose the following improvements to the property (Exhibit C-1):

a) Building a tot-lot play area in the space between the buildings and installing a wrought iron fence for it.

b) Removing the chain link fence between this property and the adjacent property at 237 West Verdugo Avenue (also owned by BHC) and installing a common landscaped pedestrian access. [Applicant is aware the Building Division may require an access easement and/or that the properties be tied together in order to approve this.]

c) Landscaping the two-foot front and side yard setbacks adjacent to the parking area. The Parks, Recreation and Community Services Dept. has indicated they will require a landscape plan prepared by a licensed landscape architect.

7) Burbank Housing Corporation is also rehabilitating the four-unit apartment complex at the rear of the lot. They have entered into an Affordable Housing Agreement with the Burbank Redevelopment Agency and City of Burbank to reserve these units in perpetuity for low-income households. Although the apartment building is within the proposed Planned Development zone, the affordable housing component is not part of the Planned Development approval. Under the Development Agreement, the apartment building will remain subject to the development standards required in the R-4 zone in the event any expansion or other significant changes are proposed or made in the future. No discretionary permits are required for the present rehabilitation. Exterior changes to this building will be minor (e.g. re-roofing, repainting).

8) The single-family unit is set back 44 feet from the front property line. When the apartment building was moved to this property in 1960, a parking plan was approved that allowed parking two cars in the front yard, but maintained the required 15-foot front setback (Exhibit C-4). In practice, however, the entire front yard is used for parking as it is completely paved over (Exhibit C-2). Staff has observed more than two vehicles parked in the front yard on various occasions.

9) The applicants propose to use the front yard for four parking spaces (Exhibit C-1). In order to accommodate this number of spaces along with code required back-up areas; the applicants have proposed a 13-foot deviation from the required 15-foot front yard setback, and a 3-foot deviation from the required 5-foot side yard setback on the west side of the property. They are proposing to install a two-foot wide landscaped strip along the front and west sides of the yard, and a five-foot wide landscaped area along the east property line. The requested deviation from the setback standards can be included as part of a Planned Development approval.

10) In addition to the four parking spaces in front, the applicants propose two more parking spaces in the rear accessed from the alley. This is less than the minimum parking required for four new-construction one-bedroom units in the R-4 zone under BMC �31-645(g). However, as the rehabilitation of the apartment units does not constitute a change of use, the existing parking situation is allowable (BMC �31-1410). Drop-in center staff will use two parking spaces formerly assigned to the single-family dwelling. The applicants indicated they do not expect more than two staff present at any time. The drop-in center is targeted at children living in the BHC properties on the same block, therefore they are expected to arrive on foot or bicycle, rather than be dropped off by automobile. The Planning Division recommends provision of a bicycle rack. Exceptions to off-street parking standards can be approved as part of a planned development.

11) The parking at the rear is in tandem, therefore will be used by the drop-in center staff. The apartment units must each have an individually accessible space (BMC �1404(6)), therefore will use the front lot. One of the front spaces will have a 5 ft. wide loading area for use by wheelchair dependent persons, but handicapped signs and markings are not required in lots with less than 5 spaces (Exhibit F-1).

12) The application and site plan was routed to all City Departments for review and comment. The following comments were received:

a) Building Division (Exhibit F-1): The Building Division requires the applicant to comply with all applicable provisions of the Burbank Municipal Code and the California Building Code, and obtain all required building permits for the proposed structure. Conformance with ADA access standards for parking, access and sanitary facilities is required. Applicants will need to indicate the number of employees/staff and the number of students and provide occupancy designation and load for all buildings and indicate how accessibility and usability requirements for the indicated occupancies will be met. Applicants should provide verification of estimated costs of alterations/repairs and accessibility upgrades.

b) Fire Department (Exhibit F-2): Based on the change in occupancy code, the BMC requires an automatic fire sprinkler system and a fire flow alarm system be provided. Minimum fire flow must be 1500 gallons per minute for two hours. A KNOX keybox for emergency Fire Dept. access must be provided. Address numbers at least 4" high for residential buildings and 6" high for non-residential building must be provided.

c) Police Department (Exhibit F-3): Police Dept. written comments suggest providing a passenger drop-off and loading space (green curb). However, as the drop-in center is targeted to youths in BHC owned properties on the same block, visitors are expected to arrive on foot or by bicycle. Upon reconsideration, the Police Dept. indicated verbally they will not require a loading space.

d) Burbank Water and Power (Exhibit F-4): Water service will be provided from an existing 8" main in Verdugo Avenue. Due to system static pressure, Building Div. requirements for a pressure regulator must be followed. Protective devices to prevent introduction of objectionable substances to the public water system will be required.

e) Public Works Department (Exhibit F-5): The unused curb cut must be removed and re-curbed. Broken, uneven or substandard sidewalks, driveway and curbs must be replaced to the satisfaction of the City Engineer. The portion of the property within 10 ft of the centerline of the alley must be dedicated to the city for public right-of-way. The dedicated property must be paved with asphaltic concrete to slope toward the alley flow line. All work in City right-of-way must comply with Burbank Standard Plans and a Public Works excavation permit will be required. Parking areas and driveways must conform to City codes and standards and concrete curbs or wheel stops must be provided to prevent overrunning landscaping and/or structures.

f) Park and Recreation Department (Exhibit F-6): Landscape and irrigation plans prepared by a licensed landscape architect and complying with the multi-family landscape requirements must be submitted. The existing purple-leaf plum tree must be retained.

g) Planning Division: Recommend requiring a bicycle rack for use by children bicycling to the center.

13) The applicants stated to the Planning Division that they held two neighborhood outreach meetings in November 2000, and that those in attendance expressed great support and appreciation for the drop-in center and the BHC plan.

14) This project has been determined exempt from CEQA requirements under Section 15303 (a), (b), and (c) of the CEQA Guidelines regarding construction or conversion of small buildings in urban areas (Exhibit G). No hazardous materials are expected or proposed for use on the site, no new construction is proposed and exterior modifications to existing structures will be minor.

15) On May 14, 2001, the Burbank City Planning Board held a properly noticed public hearing on the subject application. Board minutes are attached as Exhibit H-1. BHC Director, Judith Arandes, spoke in favor of the project. One neighborhood resident, Roberto Jacome, representing the homeowner's association for the condominium complex at 240 West Verdugo Avenue directly across the street, spoke in opposition to the project. The Board amended the conditions of approval proposed by Planning Department staff by recommending addition of a requirement that the design use "lawncrete", "grasscrete" or similar treatment in the front parking area, if possible. This amendment has been incorporated into the conditions of approval for the Development Agreement (see Exhibit B to the Development Agreement). The Planning Board voted 5-0 to adopt Resolution 2821 (Exhibit H-2) recommending the project for approval by the City Council

ANALYSIS AND CONCLUSIONS:

Granting the subject request for a planned development will allow the applicant to operate the proposed drop-in/tutorial center for neighborhood children in the R-4 zone. Approval of the planned development will also allow the requested deviations from the required front and side yard setbacks in the R-4 zone. Staff finds the proposed project in accordance with the purposes of a planned development specifically in that it will help "create a desirable, functional community environment" (BMC �31-19119). In approving the Planned Development, the City Council effectively also approves development review for the project.

PRO - The proposed drop-in/tutorial center will bring a much needed and appreciated amenity to a neighborhood the City has identified as a low income residential area, impacted by street gang activity and other social problems (Exhibit B). The proposed tot-lot playground and improved front and side yard landscaping will bring much needed play and open space, and greenery to a very densely developed area. Apart from the subject property, most lots in the immediate vicinity are developed to the maximum density allowed by law. The BHC has an excellent record for providing low-income housing, and has successfully operated the drop-in center and play lot on Elmwood Avenue for five years without complaints, and to the great benefit of the neighborhood.

Staff believes findings can be made that the Design Review Criteria required by BMC �31-19124 have been observed.

Design Review Criteria for Planned Developments:

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

The plan submitted by the developer addresses the entire property including proposed improvements to landscaping. A complete landscaping plan will be submitted separately. The proposed use and site plan are compatible with the General Plan.

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

 The plan provides for preserving one of the few open areas in a densely developed neighborhood including constructing a playground and improved landscaping. Off street parking, while perhaps less than ideal, is adequate. Few substantial changes are proposed to the existing structures, however, refurbishment such as repainting, etc. can only improve the property and neighborhood. The site has few natural or topographic features, however applicants propose to retain existing trees.

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

The site plan has taken adjoining properties into account and will provide improvements such as removing a chain link fence and improving landscaping. The applicants have asked for reduced setback requirements, however, it should be noted that the present condition of the front yard means that in practice there are no setbacks or buffers at all. The applicants have proposed installing landscaped areas in the front yard to provide buffering and improve the appearance of the property to the benefit of the neighborhood.

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

No private street system is proposed or necessary. The applicants will be installing facilities for bicycles (a bike rack) and ramps for handicapped accessibility. These improvements will increase the functionality of the property.

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

No changes to any major or local public streets are proposed or necessary. Since no new residential units are proposed there should be no traffic impacts or increased transit demand. Facilities for bicycles and the handicapped are included in the design. The applicants have proposed relocating the existing driveway and are aware that standard city access requirements must be met.

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

The proposed play lot will be located immediately adjacent to both the residential units and the proposed drop-in center, but it must be gated and locked after hours for safety.

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

No significant changes to the existing design and appearance of structures are proposed. No signing is proposed. Some proposed refurbishment and rehabilitation (e.g. painting, re-roofing) may have minor effects on appearance. These should improve rather than degrade the appearance of the neighborhood.

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

 The proposed drop-in center is itself a significant amenity meeting identified unmet needs of the project and the neighborhood. Most other amenities such as schools, shopping, public transit, etc. are already available nearby.

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

Not applicable; no changes to the design, placement or orientation of any existing buildings are proposed. No new buildings are proposed.

CON - If the project is approved as proposed, the front parking area will deviate from the front and side yard setback standards established for the R-4 zone. However, as the font yard is now completely paved over, the proposed design of the parking area may represent an improvement over the existing situation. The entire front setback of other properties on this block including the property immediately adjacent to the east are paved over because they lead to "tuck under" parking areas.

The parking provided for the residential units and drop-in center staff is less than ideal in a neighborhood with an observable shortage of parking. Although parking on the lot is not currently striped or marked, it would be difficult to park more than four vehicles in the front of the property and two more in the rear. This is the same number of spaces the applicants propose on their site plan. The proposed parking situation, therefore, would be no worse than that which currently exists. Although the drop-in center staff will require parking, this will be during the day. The removal of the single-family unit will make two spaces available during the evening hours when parking is most critical in residential areas.

FISCAL IMPACT

Staff does not anticipate the proposed Planned Development will have any direct fiscal impact. Funds for the project have already been appropriated from Redevelopment Agency sources and Federal HOME Program funds.

RECOMMENDATION:

Staff recommends the City Council approve Planned Development No. 2001-3 and the associated Development Agreement and Development Review No. 2001-6, subject to the recommended conditions of approval.