ARTICLE 9. MISCELLANEOUS USES AND STANDARDS

DIVISION 1. AIRPORT ZONE¹

10-1-901: PURPOSE:

The Airport Zone is intended for the protection of the airport from uses that might restrict or inhibit its principal function as an air terminal facility. [Formerly numbered Section 31-113; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-901.5: GENERAL PLAN CONSISTENCY:

In the Airport Zone, all uses shall be consistent with the maximum FAR and maximum residential density, as prescribed in the General Plan, as follows:

General Plan Land Use Designation	Maximum FAR	Maximum Residential Density1
Corridor Commercial	1.0 FAR	27 units/acre
Regional Commercial	1.25 FAR	58 units/acre
Downtown Commercial	2.5 FAR	87 units/acre
South San Fernando Commercial	1.25 FAR	43 units/acre
North Victory Commercial/Industrial	1.0 FAR	27 units/acre
Rancho Commercial	0.6 FAR	20 units/acre
Media District Commercial	1.1 FAR	58 units/acre
Golden State Commercial/Industrial	1.25 FAR	27 units/acre
Institutional	Max. floor area determined by Zoning	--
Open Space	Max. floor area determined by Zoning	--
Airport	Max. floor area determined by Zoning	--
1 with discretionary approval

[Added by Ord. No. 3839, eff. 5/24/13.]

10-1-902: USES IN THE AIRPORT ZONE:

In the Airport Zone, uses are allowed as set forth in Section 10-1-502. [Formerly numbered Section 31-114; Amended by Ord. No. 3504, eff. 12/26/98; 3439, 3058.]

10-1-903 AND 904:

[Deleted by Ord. No. 3504, eff. 12/26/98.]

10-1-905: DEVELOPMENT REVIEW:

Unless specifically exempted by Section 10-1-1914 of this Code, no structure shall be erected in an Airport Zone, nor shall any permits related thereto be issued until an (1) application for development review has been submitted to and approved by the Director, as provided in Division 2, Article 19 of this chapter; or (2) alternative development review method approved in a development agreement has been satisfied. These permits include but are not limited to site preparation permits such as demolition permits and grading permits. [Formerly numbered Section 31-116; Renumbered by Ord. No. 3058; Amended by Ord. No. 3876, eff. 4/15/16; 3587, 3190, 3017, 2193.]

DIVISION 2. CEMETERY ZONE

10-1-906: PURPOSE:

The Cemetery Zone is intended exclusively for the interment of deceased humans. [Formerly numbered Section 31-117; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-906.5: GENERAL PLAN CONSISTENCY:

In the Cemetery Zone, all uses shall be consistent with the maximum FAR and maximum residential density, as prescribed in the General Plan, as follows:

General Plan Land Use Designation	Maximum FAR	Maximum Residential Density1
Corridor Commercial	1.0 FAR	27 units/acre
Regional Commercial	1.25 FAR	58 units/acre
Downtown Commercial	2.5 FAR	87 units/acre
South San Fernando Commercial	1.25 FAR	43 units/acre
North Victory Commercial/Industrial	1.0 FAR	27 units/acre
Rancho Commercial	0.6 FAR	20 units/acre
Media District Commercial	1.1 FAR	58 units/acre
Golden State Commercial/Industrial	1.25 FAR	27 units/acre
Institutional	Max. floor area determined by Zoning	--
Open Space	Max. floor area determined by Zoning	--
Airport	Max. floor area determined by Zoning	--
1 with discretionary approval

[Added by Ord. No. 3839, eff. 5/24/13.]

10-1-907: USES IN THE CEMETERY ZONE:

In the Cemetery Zone, uses are allowed as set forth in Section 10-1-502. [Formerly numbered Section 31-118; Amended by Ord. No. 3504, eff. 12/26/98; 3439, 3058.]

10-1-907.5 AND 908:

[Deleted by Ord. No. 3504, eff. 12/26/98.]

10-1-909: UNLAWFUL TO BURY DEAD OUTSIDE CEMETERY ZONE:

It is unlawful to bury the dead anywhere in the City except in a Cemetery Zone. [Formerly numbered Section 31-120; Renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 3. RAILROAD ZONE

10-1-910: PURPOSE:

The Railroad Zone is intended to provide within the City areas to be devoted primarily to railroad uses. [Added by Ord. No. 2208; Formerly numbered Section 31-120.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-910.5: GENERAL PLAN CONSISTENCY:

In the Railroad Zone, all uses shall be consistent with the maximum FAR and maximum residential density, as prescribed in the General Plan, as follows:

General Plan Land Use Designation	Maximum FAR	Maximum Residential Density1
Corridor Commercial	1.0 FAR	27 units/acre
Regional Commercial	1.25 FAR	58 units/acre
Downtown Commercial	2.5 FAR	87 units/acre
South San Fernando Commercial	1.25 FAR	43 units/acre
North Victory Commercial/Industrial	1.0 FAR	27 units/acre
Rancho Commercial	0.6 FAR	20 units/acre
Media District Commercial	1.1 FAR	58 units/acre
Golden State Commercial/Industrial	1.25 FAR	27 units/acre
Institutional	Max. floor area determined by Zoning	--
Open Space	Max. floor area determined by Zoning	--
Airport	Max. floor area determined by Zoning	--
1 with discretionary approval

[Added by Ord. No. 3839, eff. 5/24/13.]

10-1-911: USES IN THE RAILROAD ZONE:

In the Railroad Zone, uses are allowed as set forth in Section 10-1-502. [Added by Ord. No. 2208; Formerly numbered Section 31-120.2; Amended by Ord. No. 3504, eff. 12/26/98; 3439, 3058.]

10-1-912 AND 913:

[Deleted by Ord. No. 3504, eff. 12/26/98.]

10-1-914: DEVELOPMENT REVIEW:

Unless specifically exempted by Section 10-1-1914 of this Code, no structure shall be erected in a Railroad Zone, nor shall any permits related thereto be issued until an application for Development Review has been submitted to and approved by the Director, as provided in Division 2, Article 19 of this chapter. These permits include but are not limited to site preparation permits such as demolition permits and grading permits. [Added by Ord. No. 3190, eff. 5/26/90; Formerly numbered Section 31-120.45; Renumbered by Ord. No. 3058; Amended by Ord. No. 3587, eff. 11/3/01.]

DIVISION 4. MIXED-USE DEVELOPMENT IN NONRESIDENTIAL ZONES

10-1-915: PURPOSE:

The purpose of this article is to establish regulations for mixed-use developments in nonresidential zones (all zones except for R-1, R-1-H, R-2, R-3, R-4, or MDR-3, and MDR-4). Nonresidential zones in the City typically have a visual character and land uses dictated by commercial development standards. Specialized development standards are needed to ensure mixed-use development that occurs in these zones is appropriately designed to safeguard the health, safety and general welfare of potential residents and adjacent residential uses. [Added by Ord. No. 23-3,994, eff. 5/23/23; amended by Ord. No. 23-3,996, eff. 7/7/23.]

10-1-916: APPLICABILITY:

A. This Division applies to the following projects:

1. Mixed-use developments consisting of Multifamily Residential with Nonresidential Uses in nonresidential zones when allowed pursuant to BMC Section 10-1-502.

2. Mixed-use developments consisting of Multifamily Residential with Nonresidential Uses when mandated subject to streamlined ministerial review pursuant to any state law that preempts local requirements.

B. Additions to existing uses:

1. If one or more dwelling units are added to an existing nonresidential use and the nonresidential structure is retained, all project features, including the previously existing nonresidential structure, shall comply with the applicable requirements of this Division.

2. If one or more dwelling units are added to an existing single-family dwelling or multifamily dwelling with no nonresidential uses present on the site, this Division shall not apply and instead, the project will be subject to Article 6, Division 3.5 (Multifamily Residential-Only Development in Nonresidential Zones).

3. If nonresidential FAR is added to an existing multifamily project, the newly added nonresidential FAR shall comply with all requirements of this Division. Existing multifamily units that are retained that do not meet parking, open space, or other requirements of this Division may continue their non-conforming status so long as their non-conformity is not increased.

C. To the extent that any provision in this Division conflicts with state laws that preempt local development standards for an applicable project, state law will control over the conflicting provision. In such event, the remainder of this Division that is not in conflict with state law will apply to the project. [Added by Ord. No. 23-3,994, eff. 5/23/23; amended by Ord. No. 23-3,996, eff. 7/7/23.]

10-1-917: APPLICATION REQUIREMENTS:

Application submittal requirements shall be established by the Director, and will include, at a minimum:

A. General Application Form with owner signature and architectural plans pursuant to Standard Plan Details, as issued by the Director. Applications seeking review through the Streamlined Ministerial Approval Process shall submit the application materials as listed in Section 10-1-19302(D).

B. Identification of any applicable state laws, including any state law that is invoked for a streamlined ministerial review process. Include a detailed narrative description of how the project satisfies all state law criteria for any applicable streamlined ministerial review process.

C. A consistency table that identifies all the applicable local development standards and describes how the project complies with these standards.

D. For sites in nonresidential zones, as well as sites identified by the Burbank Fire Department (the Fire Marshal) as having a history of hazardous materials use or storage, the applicant shall conduct a Phase I Environmental Assessment (as defined in California Health and Safety Code Section 25319.1) and submit a Phase I Environmental Site Assessment (ESA) report in compliance with industry standards established by the American Society for Testing and Materials, as well as any further studies recommended in the Phase I report. Furthermore:

If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment (as defined in California Health and Safety Code Section 25319.5), prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.

If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

If a potential for exposure to significant hazards from surrounding properties or activities is found to exist on the site, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements.

The applicant shall be responsible for any cost related to third party review of a Phase I ESA report and any subsequent environmental documents submitted in compliance with this Section. [Added by Ord. No. 23-3,994, eff. 5/23/23; amended by Ord. No. 23-3,996, eff. 7/7/23.]

10-1-918: DEFINITIONS:

This Section provides definitions of terms and phrases used that are technical or specialized or that may not reflect common usage. In case of conflict with other provisions of the Zoning Code, these definitions shall control for the purposes of implementing this Division. If a word is not defined, the Director shall determine the correct definition.

BUILDING FRONTAGE: The horizontal distance, measured at grade, of building wall facing the street.

FACADE: Any exterior wall plane of a building, ground level to top of roof.

FLOOR AREA RATIO (FAR): Numerical value obtained by dividing the above-ground Usable Floor Area of a building or buildings located on a lot by the total area of the lot.

FOOTPRINT: The total ground floor area of the combined structures on a site or project area defined by the perimeter of the building(s), including parking structures but excluding surface parking lots and non-occupancy structures.

GROSS FLOOR AREA (GFA): The total horizontal area of all the floors beneath the roof of a building.

GROUND FLOOR: The first habitable floor of a building closest to sidewalk elevation.

MIXED-USE DEVELOPMENT: The combination of nonresidential and residential uses in the same structure, where the residential component is located either above (vertical mixed-use) or behind (horizontal mixed-use) the nonresidential component. Nonresidential uses are typically commercial uses.

OPEN SPACE, COMMON: Those indoor or outdoor portions of a building that provide common services for residents or tenants. This may include spaces such as, but not limited to, rooftop decks, patio areas, leasing center, gyms/exercise space, shared kitchen, recreation center, screening or living room, business center, mail room, or library. These spaces/portions of the building may be permitted on the ground floor where residential units are not permitted subject to applicable development standards.

OPEN SPACE, PRIVATE: Those portions of a residential use building exclusively dedicated to residential units. This may include spaces such as, but not limited to, balconies, rooftop decks with direct access to the unit, and enclosed patios on the ground floor.

OPEN SPACE, PUBLICLY ACCESSIBLE: Portions of outdoor open space that are accessible to the general public.

SETBACK, INTERIOR: Non-street side or rear setback measured at a right angle from the nearest point of the property line abutting another parcel or alley to the nearest portion of the structure, excluding any porches.

SETBACK, STREET: Front or street-side setback measured at a right angle from the nearest point of the sidewalk line to the nearest portion of the structure, excluding any porches.

SHARED PROPERTY LINE: The property line separating adjacent parcels.

SIDEWALK LINE: The line parallel to the property line accommodating the required sidewalk width, measured from the curb face. Where a sidewalk width is not specified, the sidewalk line is the property line.

STEPBACK: The horizontal distance by which an upper story structure or development feature is required to be separated from the property line or the sidewalk line where applicable. Regulated above a specified vertical distance.

STREET FRONTAGE: The horizontal distance along the street, measured at grade, between property lines (or sidewalk line where applicable) that are perpendicular to the adjacent street.

SUBTERRANEAN: The level of a building, inclusive of parking or habitable space, located primarily below the ground level with a top plate of two feet or less above sidewalk elevation.

TRANSPARENT OPENING: Building openings (windows or doors) or transparent glazing that provide visual access into the structure.

UNBUNDLED PARKING: Parking spaces, in any permitted configuration, rented or sold separately from the lease or purchase price of a residential dwelling unit.

USABLE FLOOR AREA (UFA): The total usable horizontal area of all the floors beneath the roof of a building. Final determination on areas to be exempt from usable floor area shall be made by the City Planner. The following areas shall be exempted from Usable Floor Area:

•

Uncovered areas within the building footprint (such as courtyards open to the sky) or detached uncovered areas.

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Covered patio/canopy areas used exclusively for parking, circulation and/or shade cover for common open spaces.

•

Overhangs or eaves and other architectural features.

•

Detached trash enclosure and/or ancillary equipment enclosure areas, whether covered or uncovered.

•

Temporary structures, storage pods, or trailers used for ancillary storage only.

•

Unmanned mechanical equipment rooms and duct shafts that serve the building as a whole.

•

Exterior walls and permanent interior walls and columns of building or structure.

•

Open and additional floor areas above the lowest level of a stairwell.

•

Areas above the lowest floor level of an elevator shaft.

•

Covered or uncovered areas for vehicle parking for the principal use on the lot, inclusive of required stall dimensions, backup areas, and aisle widths. Such areas are exempt whether they are provided in a separate structure on the same property, or within the building footprint.

•

In buildings that include residential uses as part of mixed-use development, all areas associated with the residential use exclusively. [Added by Ord. No. 23-3,994, eff. 5/23/23; amended by Ord. No. 23-3,996, eff. 7/7/23.]

10-1-919: USES ALLOWED WHEN PART OF A MIXED-USE DEVELOPMENT:

A. All uses specified by underlying zoning designation established in 10-1-502, shall be allowed as part of a mixed-use development except as specified in subsection B, below.

1. The entitlement requirements for any proposed use, as specified in 10-1-502, shall apply. For the purposes of implementing this Section, a mixed-use development is considered “residentially adjacent” whether the property is adjacent to a residentially zoned property or not.

B. The following uses are prohibited in any mixed-use development, regardless of whether the use is otherwise allowed in 10-1-502:

1. Firearms and ammunition sales.

2. Heavy industrial uses.

3. Hospitals (human or animal), not inclusive of services that do not offer overnight care.

4. Ambulance or emergency services.

5. Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles.

6. Welding, machining, or open flame work.

7. Storage or shipping of hazardous waste as defined in 22 California Code of Regulations § 66261.3, flammable liquids, or hazardous materials beyond those that are typically associated with a residential use.

8. Any other activity or use determined by the Director to have the possibility of adversely affecting the health or safety of residents within, or adjacent to, a mixed-use project because of the potential for the use to create excessive dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes beyond that normally associated with a residential use. [Added by Ord. No. 23-3,994, eff. 5/23/23; amended by Ord. No. 23-3,996, eff. 7/7/23.]

10-1-920: PROPERTY DEVELOPMENT STANDARDS:

The property development standards for the underlying zoning designation and those found in Articles 11 through 16 of this Chapter shall apply to all mixed-use developments, except as otherwise stated in this Division. In the instances of conflicting regulations between this Division and other sections of Title 10, Chapter 1, the requirements of this Division supersede the conflicting standards in this Chapter.

A. STANDARDS TABLE.

All mixed-use projects in nonresidential zones shall be designed, constructed, and established in compliance with the requirements in Table 10-1-920(A) and all other applicable provisions of this Division and this Code, unless otherwise preempted by state law. Where the last column in the table includes a Section number, the referenced Section includes additional requirements related to the development standard. In the case of a discrepancy between the table or elsewhere in this Division, the requirements specified elsewhere in this Division supersede the conflicting standards.

Table 10-1-920(A)

Development Standards for Mixed-Use Developments in Nonresidential Zones
Development Standards	All Nonresidential Zones	Additional or Related Standards
Density
Maximum Density (dwelling units per acre)	Based on General Plan Consistency table in underlying zone and the Burbank 2035 General Plan land use designation unless otherwise preempted by State law.	10-1-920(B)
Lot size and dimensions for newly created lots
Minimum lot area	6,000 square feet
Minimum lot width	50 feet
Minimum lot depth	100 feet
Maximum height (1)
	Subject to height limits in Subsection B(3) of Section 10-1-920, unless otherwise preempted by state law.	10-1-920(B)
Minimum yard setbacks
Street and street-facing side yard minimum	Subject to yard limits in Subsections B(4) and B(5) of Section 10-1-920, unless otherwise preempted by state law.	10-1-920(B)
Interior	Buildings shall be set back a minimum of 10 feet from an interior property line that is adjacent to residential zone. Interior property lines include rear lot lines.
	No setback is required when adjacent to other nonresidential zones or alleys.	10-1-920(B)
	However, the required step-backs and buffer areas required by Section 10-1-920(B)(4) shall apply to structures adjacent or adjoining a single-family or multiple-family zoned lot.
Frontage standards
	Subject to design and development standards in Subsection C of Section 10-1-920, unless otherwise preempted by state law.	10-1-920(C)
Architectural features
	Subject to design and development standards in Subsection D of Section 10-1-920, unless otherwise preempted by state law.	10-1-920(D)
Maximum fence, wall, and hedge heights
Within street setback	48 inches	10-1-920(E)
Outside of front yard or street-facing side yard setback area	Refer to development standards for the underlying zone.	10-1-920(E)
Exterior finishes
	Subject to design and development standards in Subsection F of Section 10-1-920, unless otherwise preempted by state law.	10-1-920(F)
Parking and driveways
Minimum number of off-street tenant parking spaces (2), (3) (4)	1 space per studio or 1-bedroom unit 1.5 spaces per 2- or 3-bedroom unit 2.5 spaces per 4-bedroom unit	10-1-920(I)
	For nonresidential use, as specified for those specific uses in Division 1 of Article 14 of Title 10.	10-1-920(I)
Minimum number of off-street bicycle parking spaces	0.25 bicycle spaces per residential unit within the mixed-use development. This requirement does not apply to condominium units with individual garages. The nonresidential component of the mixed-use development requires bicycle parking at the following rates: a. Commercial use: 1 space per 1,000 square feet of adjusted gross floor area b. Office/media use: 1 space per 1,000 square feet of adjusted gross floor area c. Industrial Uses: 1 space per 5,000 square feet of adjusted gross floor area d. Hotel/Motel Uses: 0.1 space per key
	Bicycle parking shall be distributed as follows: 75% Long Term
	Long-Term Bicycle Parking is bicycle parking which accommodates residents, employees, students, and others expected to park a bicycle for more than two hours. This parking shall be provided in an enclosed space within the project walls or a covered location shielded from the elements and obscured from the general public.
	25% Short Term
	Short-Term Bicycle Parking is bicycle parking which accommodates visitors, customers, messengers, and others expected to park a bicycle for two hours or less. The racks shall be secured to the ground and be located in areas accessible from the associated use.
Open space
	Subject to open space requirements in Subsection G of Section 10-1-920, unless otherwise preempted by state law.	10-1-920(G)
Landscaping
	Subject to landscaping requirements in Subsection H of Section 10-1-920, unless otherwise preempted by state law.	10-1-920(H)
Pedestrian circulation and site design
	Subject to design and development standards in Subsection K of Section 10-1-920.	10-1-920(K)
Performance standards
	Subject to development standards in Subsection J of Section 10-1-920, unless otherwise preempted by state law.	10-1-920(J)

Notes:

1. Unless otherwise required by state or federal law, the maximum height limits also apply to free-standing structures other than buildings including antennas.

2. The number of required parking spaces for all units, including fractions of a space, is added together before rounding. The sum total is subject to normal rounding procedures (where a fraction of 0.5 or greater counts as an additional space). For the purpose of determining the required number of parking spaces, bedrooms are those rooms within the unit identified as bedrooms by Section 10-1-203 and the City of Burbank Building Code.

3. Parking requirements are different for projects that are built as condominiums or converted from apartments to condominiums. See Section 10-1-629.

4. Required parking in this subsection is required for all residential units, unless otherwise preempted by state law.

B. BUILDING SCALE.

1. These standards are intended to:

a. Implement the General Plan density (du/ac) and intensity values;

b. Shape development in a manner that creates a defined public realm and appropriate scale of buildings for a visually appealing community;

c. Reduce building massing through setback and stepback requirements that create appropriate transitions to residential neighborhoods; and

d. Support high-quality architecture and urban design through modulation requirements and ground floor frontage standards.

2. Density/Intensity.

a. Density. The allowed Density is pursuant to the underlying General Plan land use designation unless otherwise preempted by state law.

b. Floor Area Ratio. Nonresidential square-footage in developments that include nonresidential space shall not exceed the allowable floor area ratio (FAR) for the underlying General Plan land use designation.

c. Easements and Dedications:

i. The maximum Density or FAR is based on total lot area. If a street dedication or easement is required as part of a development project, FAR and Density shall be calculated using the size of the lot prior to the street dedication or easement.

ii. Unless otherwise mandated by state or federal law, for dwelling unit calculations, the number of allowed dwelling units is determined by rounding up to the nearest whole number even when the fraction is 0.5 or less.

(a) For development projects proposing to utilize In-lieu fees or alternatives to building affordable units on site – the number of allowed dwelling units is determined by rounding down to the nearest whole number when the fraction is less than 0.5.

d. For the purposes of implementing Section 10-1-920(G) related to open space, the residential floor area is included in gross floor area for mixed-use developments.

e. Areas used exclusively for vehicle and bicycle parking and loading are excluded from FAR.

3. Height.

a. The maximum height of a building or structure shall be determined by its distance from the closest lot line of any residentially zoned property as follows, unless otherwise preempted by state law:

DISTANCE FROM SINGLE-FAMILY RESIDENTIAL ZONED LOT	DISTANCE FROM MULTIPLE-FAMILY RESIDENTIAL ZONED LOT	MAXIMUM HEIGHT
0 – 149 feet		40 feet. A request for greater maximum height may be reviewed through the Conditional Use Permit process.
150 – 299 feet	0 – 299 feet	60 feet. A request for greater maximum height may be reviewed through the Conditional Use Permit process.
300 feet or greater	300 feet or greater	80 feet. A request for greater maximum height may be reviewed through the Conditional Use Permit process.

b. Exceptions:

i. Roof and architectural features, including, but not limited to ornamental towers, spires, steeples, belfries and cupolas and appurtenances such as rooftop equipment, skylights, fire and parapet walls, chimneys, ventilating fans, antennas, tanks, flagpoles, penthouses or roof structures for housing elevator lofts, stairways, air conditioning or similar equipment, and other appurtenances usually required to be placed above a building to operate and maintain it, may exceed the maximum height, up to 15 additional feet, if a 45-degree angle as depicted in Diagram No. 1 is maintained. This 45-degree angle shall be drawn inwards from the intersection of setback required in Table A of Section 10-1-920 and maximum height allowed.

Diagram 1

c. Height is measured from the average grade of the lot. Grade is determined as defined in Section 10-1-203. The building or structure height is the vertical distance measured from Grade to the ceiling of the highest room permitted for human occupancy.

d. On lots that extend across multiple height zones listed in Subsection B(3)(a), the portion of a structure within the distance requirement (e.g. less than 150 feet) shall meet the height requirement for that section (e.g. 35 feet). Should a structure extend beyond one (1) or more of the distance requirements, the portions of that structure within each distance requirement shall meet each applicable height requirement separately.

e. Except when used as enclosure of rooftop open space areas, parapets may not exceed six feet in height above the intersection of the roof surface and the wall.

f. Fully subterranean garages and fully subterranean basement floors are not counted towards the building height. For the purpose of this subsection, fully subterranean means below the average grade. Above-grade garages shall be counted towards building height.

g. Unless otherwise preempted by state or federal law, the maximum height limits also apply to free-standing structures other than buildings including antennas, satellite dishes, and flagpoles when such features are not located on top of a building.

4. Step-Backs and Buffer Area.

a. General Requirements.

i. Notwithstanding the setback encroachments specified in Table 10-1-920(B)(5)(d), a 20-foot buffer area shall be provided in any side or rear yard that abuts or is adjacent to a single-family zoned property and a 10-foot buffer shall be provided in any side or rear yard that abuts or is adjacent to a multiple family zoned property. The buffer area is measured from the property line of the single-family zoned property perpendicular to the single-family property line and includes public streets and alleys.

(a) The additional setback resulting from the buffer area required for this Section shall not apply to the 15-foot height allowed for roof and architectural features and appurtenances within a 45-degree incline plane established in the height section. The setback plane for those rooftop features is established by required setback in Subsections 10-1-920(B)(3)(b) and 10-1-920(B)(4)(b).

ii. When the subject property abuts or is adjacent to a single-family or multiple-family zone, a five (5) foot strip of the open space which lies adjacent to the residentially zoned property shall be landscaped, unless the residential zoned lot is separated from the subject lot by a public right-of-way. Additionally, if vehicular alley access is provided, the portions where the access occurs are exempt from this requirement. This landscaping is intended to provide visual separation and screening between the different zones.

iii. The buffer area may contain the following uses:

(a) Where the buffer area abuts a public alley, the buffer area may be utilized as a driveway to provide vehicle access from the alley to an on-site garage or parking area using the shortest and most direct route feasible.

(b) The buffer area may contain pedestrian pathways.

(c) The buffer area may contain outdoor common area and outdoor amenities, and hardscaping associated with the provision of amenities in an open space area, located up to within 10 feet of the shared property line. For the purposes of this Subsection, hardscaping means cement concrete, asphalt, bricks, pavers, and similar impermeable surfaces.

(d) The buffer area may contain ground-level private open space areas so long as such areas are enclosed with an opaque enclosure as required by this Chapter.

(e) The buffer area may contain uncovered parking spaces up to within 10 feet of the shared property line with a residential zone.

(f) The buffer area may contain portions of driveway for the purpose of accessing required onsite parking so long as any required landscaped open space is provided.

(g) The buffer area may contain bicycle parking facilities subject to this Code and any other applicable objective design and development standards issued by the City.

b. Interior Step-back Height Buffer.

i. An interior step back height buffer is required from any single-family zoned lot. When adjacent or adjoining a single-family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 20 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining single-family zoned lot, unless otherwise preempted by state law. Please refer to diagram below:

Diagram 2

ii. An interior step back height buffer is required from any multiple family zoned lot. When adjacent or adjoining a multiple family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 35 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining multiple family zoned lot, unless otherwise preempted by state law. Please refer to diagram below:

Diagram 3

iii. Encroachments into the step-back height buffer area are allowed for rooftop structures including:

(a) Open patios.

(b) Architectural features including rafter tails, corbels, eaves, cornices and other similar features.

(d) Parapet walls, opaque balcony railings.

(e) Landscaping.

(f) Outdoor open space or amenities.

5. Yard Setbacks.

a. Generally:

i. The minimum setbacks for the underlying nonresidential zone shall apply, unless otherwise specified in this Division.

ii. Minimum setbacks shall apply to all stories of a building; setbacks less than the minimum are prohibited.

iii. Where indicated, maximum setbacks shall apply only to the ground floor.

iv. All setbacks and encroachments are measured perpendicular to the property line.

b. Street Setbacks.

i. The street setbacks of the underlying zone shall apply, except for the following:

(a) Structures, except above-grade, semi-subterranean, and fully subterranean parking structures, on lots with less than 75 feet of lot frontage, have no required street front or street side yard setbacks on those lot frontages of 75 feet or less.

(b) Street setbacks are measured from the sidewalk line.

(c) Where ground floor residential units are elevated between 4 and 6 feet above sidewalk elevation, a minimum setback of 8 feet shall be required.

(d) The required street setback shall not exceed 10 feet.

(e) The required setback from the front or street-facing lot line for above-grade, semi-subterranean, and fully subterranean parking structures shall be at least five (5) feet or 20 percent of building height, whichever is greater, but no greater than ten (10) feet. In no event shall the setback be less than three (3) feet. This setback requirement may be averaged. For example, a parking structure with a height of 25 feet that is 50 feet wide, would have a minimum setback of 5 feet. This setback can be averaged by providing 3 feet for 50% and 7 feet for the remaining 50% of the structure length.

(f) Any portion of street-facing parking garage visible above grade shall constitute no more than 50% of each street-facing elevation of the primary structure. The remaining portion of the garage shall be set back a minimum of 15 feet from the property line. The area between this portion and the property line may be utilized for other enclosed or open space as allowed by this Division.

(g) When abutting or adjacent to single-family zoned lots, above-grade parking structures shall be setback 20 feet from the residential property line. When abutting or adjacent to multiple family zoned lots, above-grade parking structures shall be setback ten (10) feet from the residential property line. Alleys and public roads separating the uses may be used in this calculation. For setbacks for surface parking lots, see Article 14, Division 4 of this Chapter.

(h) Reversed corner lots. The following requirements apply to any reversed corner lot that abuts a key lot when the key lot is located in any residential zone:

(i) The minimum required street-facing side yard setback for the rear 20 feet of the reversed corner lot is equal to the minimum required front yard setback of the key lot.

(ii) Encroachments into the street-facing side yard setback for the rear 20 feet of the reversed corner lot are equal to the encroachments permitted into the front yard of the key lot.

(iii) The minimum setbacks for the balance of the street-facing side yard are increased by five feet if the key lot is in a single-family residential zone.

(i) Permitted Street Setback encroachments include: landscaping and planters, hardscape (e.g. stoops, patios), shade structures, walls and fences, seating and furniture, outdoor dining and other open space amenities pursuant to review authority approval. If any of these features are proposed to encroach into public right-of-way, the applicant shall obtain an encroachment permit.

c. Interior Setbacks.

i. Interior setbacks apply when the lot is abutting other parcels along non-street side and rear property lines and are measured from the shared property line.

ii. No setback is required when adjacent to nonresidential zones or alleys.

d. Setback Encroachments.

i. No structures or objects may be constructed or placed in required yard areas except as expressly permitted in this Division or as specifically included in the definition of Landscaping in Burbank Municipal Code Section 10-1-203.

ii. All setbacks and encroachments are measured perpendicular to the property line.

iii. Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified in Table 10-1-920(B)(5)(d). Encroachment distances are measured from the minimum required setback line inclusive of any applicable required buffers and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.

Table 10-1-920(B)(5)(d)

Encroachments Into Yard Areas
Structure/Object	Setback Type	Maximum encroachment (2)
Structural walls and posts supporting an overhead structure, including covered and uncovered portions of semi-subterranean garages; and any structural components or objects not specifically listed in this table	Streets (Front or Side-Facing)	up to within 36 inches of property line
	Rear	none permitted
	Interior Side	none permitted
Fully subterranean parking garages or portions of covered parking garages where the top deck is 3 feet or more below the natural ground surface directly above	Streets (Front or Side-Facing)	up to within 36 inches of property line
	Rear	up to property line
	Interior Side	up to property line
Eaves, canopies, cornices, sills, etc. not supported by posts	Streets (Front or Side-Facing)	up to property line
	Rear	up to within 40 inches of property line
	Interior Side	up to within 40 inches of property line
Covered balconies with covers supported by posts	Streets (Front or Side-Facing)	none permitted
	Rear	none permitted
	Interior Side	none permitted
Uncovered patios or porches at ground level	Streets (Front or Side-Facing)	5 feet
	Rear	up to property line
	Interior Side	up to property line
Uncovered porches, patios, decks, and platforms above ground level but no higher than first floor level	Streets (Front or Side-Facing)	5 feet
	Rear	none permitted
	Interior Side	none permitted
Stairways, ramps, and landings leading up to grade level from subterranean and semi-subterranean parking garages or other below-grade spaces	Streets (Front or Side-Facing)	5 feet
	Rear	up to property line
	Interior Side	up to property line
Stairways, ramps, and landings leading from grade level up to the first-floor level	Streets (Front or Side-Facing)	up to within 36 inches of property line
	Rear	up to property line
	Interior Side	up to property line
Stairways, ramps, and landings above first floor level; and uncovered balconies at or above first floor level	Streets (Front or Side-Facing)	5 feet
	Rear	none permitted
	Interior Side	none permitted
Above-ground and in-ground swimming pools and spas (as measured to water line)	Streets (Front or Side-Facing)	none permitted
	Rear	none permitted
	Interior Side	none permitted
Permanent pool equipment, air conditioning equipment, water heaters, barbecues, play equipment, and similar accessory appliances and equipment (1)	Streets (Front or Side-Facing)	none permitted
	Rear	up to within 48 inches of property line
	Interior Side	up to within 48 inches of property line
Covered trash enclosures and equipment enclosures	Streets (Front or Side-Facing)	none permitted
	Rear	up to within 48 inches of property line
	Interior Side	up to within 48 inches of property line
Chimneys	Streets (Front or Side-Facing)	2 feet
	Rear	up to within 40 inches of property line
	Interior Side	up to within 40 inches of property line

6. Facade Modulation.

a. Facade Length. Each street-facing facade exceeding 50 feet shall include a break of at least 10 percent of the facade length or 20 feet, whichever is greater. This break shall be at least 10 feet deep, open to the sky.

b. Facade Area. Each street-facing facade exceeding 50 feet in length shall modulate a minimum of 25 percent of the area above the ground floor between 2 feet and 12 feet in depth behind the primary facade plane.

i. The primary facade plane is defined as the vertical plane with the greatest surface area above the ground floor.

ii. Buildings with a total of 2 stories or less are exempt.

iii. Facade area modulation is not required to be continuous or open to the sky, and may be recessed or projected, but not past the sidewalk line.

c. Required step backs, facade breaks, and projected balconies shall not count toward the modulation requirement; except that, balconies that are recessed a minimum of 2 feet shall qualify.

C. FRONTAGE STANDARDS.

1. General Purpose and Intent:

a. Promote an active, accessible, and attractive pedestrian environment at the ground level;

b. Activate the pedestrian street experience through design and use standards;

c. Enable flexibility and adaptability over time through quality design; and

d. Support a livable urban setting comprised of a range of uses in a comfortable pedestrian environment.

2. Ground Floor Frontages for Nonresidential uses:

a. Shall have an average interior depth of at least 35 feet and a minimum depth of 25 feet, measured from interior wall-to-wall.

b. Entrances or lobbies at the ground floor leading to non-ground floor nonresidential uses shall occupy no more than 30 percent of the ground floor frontage.

c. On double-frontage lots, nonresidential uses shall be located along both street frontages only if both frontages are adjacent to nonresidential or mixed uses.

3. Ground Floor Frontages for Residential Uses.

a. Ground floor shall include a common lobby or entryway for the residential units to facilitate pedestrian access to the public realm.

b. Residential common space on the ground floor is permitted if it occupies a minimum primary street frontage of 20% of the overall width.

c. Residential units on the ground floor shall be provided with direct access to the street and have a minimum setback of 5 feet.

d. New residential spaces shall provide transitional spaces in the form of stoops, overhangs, and porches between public areas fronting the primary street and entrances. This type of element or equivalent shall be required for each unit or group of units, but no less than one of this type of element shall be provided.

e. For residential units, the first habitable floor shall be located between 6 feet above and 2 feet below sidewalk elevation to ensure connection to the public realm.

4. Ground Floor Frontage Entrances.

a. A minimum of one primary building entrance shall be located on the primary frontage of each building and shall open onto a sidewalk or other public space.

i. Primary entrances shall be distinguished by a non-fabric awning, non-fabric canopy, a minimum 5-foot recessed entryway.

ii. Other architectural features may be required as approved by the Director.

b. All other entrances shall be recessed a minimum of 30 inches from the sidewalk line.

c. For common space uses at the ground floor, the primary entrance of the first habitable floor shall be located at existing grade along the sidewalk line.

5. Ground Floor Frontage Minimum Height.

a. The ground floor of all buildings shall have a minimum ground floor height of 15 feet, as measured from sidewalk elevation closest to the primary entrance to the second story floor, or roof if part of a one-story building.

6. Frontage Transparency.

a. Windows & Doors:

i. Street-facing facades shall incorporate transparent glass providing views into work, display, sales, lobby, or similar active areas. The minimum transparency is as follows:

(a) Nonresidential or Common Space.

(i) Ground floor: 60%

(ii) Overall facade: 30%

(b) Residential Units.

(i) Ground Floor: 15%

(ii) Overall facade: 15%

ii. For nonresidential and residential common space uses, ground floor transparency is measured as the percentage of building frontage that consists of transparent openings between a height of 2 feet and 10 feet above sidewalk elevation.

(a) All other transparency is measured as the percentage of building frontage area, viewed in elevation.

iii. Windows shall be recessed by a minimum of 3 inches from the facade.

iv. The use of color-tinted, mirrored, or highly reflective glass is prohibited.

v. Blinds, drapes, posters, and shelving for product displays visible to the public right-of-way in nonresidential uses shall not obscure more than 10 percent of the transparent areas of each respective storefront or 50 percent for medical office uses during business hours.

b. Blank Walls.

i. Windowless expanses of walls shall not exceed 20 feet in length.

ii. The area of a blank building wall fronting a public street may not exceed a square area where the height and width are both 10 feet.

iii. A break in a blank building wall shall be provided by any of the following:

(a) Doors, windows, or other building openings.

(b) Building projections or recesses, doorway and window trim, or other details that provide architectural articulation and design interest.

(d) Non-fabric awnings or canopies over a window or door, or arcades.

(e) Substantial variations in building material. For example, adding brick or stone veneer to a stucco building or changing from vertically-oriented board and batten style siding to horizontally-oriented lap siding.

(f) A permanently attached trellis or functionally similar architectural feature for landscaping.

(g) A living wall.

(h) A mural or public art attached to the building wall if approved through the Art in Public Places Committee in fulfillment of a public art requirement.

iv. The following do not qualify as a break in blank wall:

(a) Variation in exterior building wall color.

(b) Stand-alone planted vegetation or landscaping not attached to a building wall.

(d) Mechanical appurtenances such as water heaters, vents, or utility meters.

(e) Gutters and downspouts.

D. ARCHITECTURAL FEATURES.

1. Exterior Stairs.

i. Enclosures or landscape barriers shall be provided wherever there is less than seven (7) feet vertical clearance below stairs.

2. Shade Structures.

i. Shade structures may project up to two-thirds of the sidewalk width, if approved through a City-issued encroachment permit.

ii. Shade structures shall allow a minimum of 10 feet of vertical clearance from sidewalk elevation.

iii. Shade structures shall not encroach into the Tree Protection Zone (see Section 7-4-101) of any public tree.

3. Arcades.

a. Arcades shall be located behind the minimum setback.

b. Arcades shall be a minimum of 8 feet from back of column to building facade.

c. The distance between columns shall be equal to or greater than the arcade depth dimension, as measured from the column center.

d. The facade within the arcade shall meet the ground floor transparency requirements.

e. Uses allowed within arcades include: pedestrian travel, seating/street furniture, outdoor dining, landscape planters, and/or bicycle parking.

4. Galleries.

a. Any galleries shall be located behind the minimum setback.

b. Galleries shall allow a minimum of 10 feet of vertical clearance from sidewalk elevation.

5. Guardrails and Handrails.

a. Guardrails and handrails may exceed the maximum wall and fence height up to the extent required by the Building Code. The guardrail shall be a fully transparent material or 50 percent open design.

6. Stoops and Patios.

a. Walls along the side of a stoop, patio or entry to a residential dwelling unit greater than 30" in height shall be set back a minimum of 18 inches from the sidewalk line, separated by planted area.

7. Balconies and Roof Decks.

a. Balconies may project a maximum of 5 feet from the building facade but shall not extend beyond the sidewalk line or within 6 feet of any interior property line.

b. Balconies shall have a minimum dimension of five feet in depth and width in order to count as required open space.

c. Roof decks shall be set back a minimum of 5 feet from the building edge on all sides. The sum of all roof decks on a single building shall not exceed a maximum coverage of 50 percent of the roof area.

d. Roof decks including the top of above-grade garages shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. When a roof deck area is utilized for open space, such open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for residential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the building on each elevation, or as required by the height buffer established by this Division.

8. Materials and Colors.

a. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) colors shall be used on the primary structure.

b. Excluding windows and doors, inclusive of window and door trim materials, a minimum of two (2) materials shall be used on the primary structure.

c. Excluding windows and doors, inclusive of window and door trim materials, no material or color shall compose more than 75 percent of street-facing building facade(s).

9. Security Bars.

a. Any interior security bars on a nonresidential use shall be fully hidden from view during business hours with devices/strategies such as concealed side pockets and ceiling cavities.

i. Exterior security bars are prohibited.

E. FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

1. Walls, Fences and Retaining walls.

a. Walls and fences shall be subject to the applicable development standards of the underlying zone, except as follows for those located within the street setback.

i. Within the street setback, walls and fences shall have a maximum height of 48 inches above sidewalk elevation.

(a) For walls and fences taller than 30 inches, the entire wall or fence shall be a minimum of 50 percent transparent and set back a minimum of 18 inches from the sidewalk line, separated by planted area. Walls and fences 30 inches or less in height do not have a transparency or setback requirement.

ii. Walls and fences used to enclose outdoor dining may be located at the sidewalk line and are not required to provide a planted area if the wall or fence is 36 inches or less and more than 50 percent transparent.

iii. Retaining walls located within front yard areas are limited to a maximum height of four (4) feet per wall and shall be set back 18 inches from the sidewalk line.

iv. Additional retaining walls shall be set back a distance equivalent to the height of the retaining wall below as measured from the face of the retaining wall below.

v. Fences or walls that are placed on top of a retaining wall within street setback are limited to a maximum height of four (4) feet from the abutting finished ground surface and require an additional two (2)-foot setback from the face of the retaining wall below.

vi. Ornamentation on top of fences, walls, and hedges in the front yard may exceed the maximum allowed height for fences, walls, and hedges up to 18 inches above the actual height of the fence, wall, or hedge. All ornamentation features shall be spaced a minimum of four (4) feet apart, as measured on center.

b. Fences, walls, and hedges may not be composed, in whole or part, of dangerous wire types including, but not limited to: razor wire, barbed wire, electric wire, or any other similar wire type that may pose serious risk of injury. Chain link fences are prohibited.

c. The height of a fence or wall is measured from the highest abutting finished ground surface of the property upon which the fence, wall, or hedge is located. On sloped surfaces, portions of a fence, wall, or hedge may exceed the maximum height for the purpose of providing a stair-step design, but each stair-step section, as measured from the horizontal midpoint, may not exceed the maximum height.

d. All fences, walls, and hedges shall comply with the corner cutoff provisions of Section 10-1-1303.

e. Gates are subject to the same requirements as fences and walls.

f. Guardrails and handrails may exceed the maximum wall and fence height up to the extent required by the Building Code. The guardrail shall be a fully transparent material or 50% open design.

g. Exceptions. Exceptions from the requirements of this Subsection 10-1-920(E) (including the applicable requirements of Section 10-1-1303 referenced herein) may be granted by the Building Official when required by the Building Code for health or safety purposes or when required by state law.

2. Other Yard Features.

a. Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and a maximum interior length of three (3) feet as measured from the highest abutting finished ground surface. Other yard features are limited to a maximum height of six (6) feet and a maximum width of six (6) feet.

F. EXTERIOR FINISHES.

1. Lighting:

a. Any residential lighting shall have a higher temperature rating than the lighting on the nonresidential portion of the project.

b. Free-standing lighting fixtures shall be no taller than eight (8) feet as measured from the abutting ground surface or floor level.

c. Outdoor lighting fixtures shall be positioned, and directed, and shielded so as not to shine or cause glare onto adjacent properties.

d. Lighting shall be provided in all common areas including, but not limited to: parking garages, outdoor parking areas, common areas, pedestrian paths, stairways, and hallways. The amount of lighting shall be determined through a photometric study that demonstrates adequate lighting has been provided for safety. Such study shall be provided by the applicant. The study shall contain recommendations to achieve the following:

i. Adequate lighting shall also be provided adjacent to sidewalks and other public spaces to preserve the amenity and safety of those spaces for nighttime pedestrian use.

ii. Parking areas shall be illuminated so as to provide appropriate visibility and security.

2. Venting/Exhaust:

a. Residential vents shall be directed to the roof.

i. If it is physically impossible for a residential vent to be directed to the roof, the vent shall be routed through the wall and screened with a decorative vent cap.

b. Commercial vents shall be vented through the roof.

3. Mechanical, Electrical, Plumbing, Fire Department Connection (FDC Equipment):

a. Shall not be located in the required street setbacks, unless fully undergrounded.

i. If unable to be undergrounded in the street/front or street facing side yard setback, the equipment shall be incorporated within the building envelope, or when located in any other setback or open space the equipment shall be fully screened using techniques such as block walls or permanent irrigated landscaping with a minimum height equal to the equipment.

ii. The screening shall not exceed the height of the mechanical, electrical, plumbing or FDC equipment or other similar equipment being screened.

b. Roof mansards and parapets, when used as screening for roof mounted equipment, shall continue around all building elevations, whether or not they are visible from the street. Roof mounted equipment shall be considered effectively screened when it cannot be seen from a height of six feet from the public right-of-way or private property within 150 feet radius of the exterior of the building.

c. All roof mounted equipment shall be screened from view through the use of architectural screening systems that use materials, exterior materials, and color that are used elsewhere on the facade of the building.

4. Refuse and recycling areas.

a. The nonresidential and residential components of the project shall maintain separate refuse storage and collection areas. Each refuse storage and collection area shall be clearly marked for separate uses.

b. All collection areas shall be covered with a solid roof and enclosed on three (3) sides by a masonry wall no less than six (6) feet tall and have a solid permanent metal gate(s). Doors and gates of trash enclosures cannot swing out into any public right-of-way or required vehicle aisle or maneuvering area.

c. Projects with four (4) or more dwelling units shall provide a designated on-site trash and recycling collection area for the residential units that is no smaller than seven (7) feet by eight (8) feet, unless a smaller size is approved by the Public Works Department.

d. Collection areas shall not be located in any required front or street side yard area.

e. If the lot abuts an alley, the collection area shall be directly accessible from the alley except when access is infeasible from the alley as determined by the Public Works Director, due to the inability of the trash haulers to access such area.

5. Gutters/Downspouts:

a. Shall be integrated into the building, or an architectural feature so that it is not publicly visible, if unable to be integrated, it shall be located on a non-street facing facade.

G. OPEN SPACES.

1. General Purpose and Intent:

a. Provide a variety of open space types for gathering, recreation and respite that contribute to enhanced livability within an urban setting;

b. Give residents access to light, air, and pleasant views from their living spaces; Improve building design and site planning through the integration of open space throughout the development; and

c. Correlate open space requirements with number of residents and size of buildings.

2. Open Space Required.

a. Projects shall provide the minimum area of open space based on use and size. Areas used for parking, loading or storage shall not count towards minimum open space requirements.

b. Mixed-use developments shall comply with requirements applicable to each type of use as follows:

i. Residential Portion. Projects with dwelling units shall provide the minimum area of open space listed in the table below as a combination of private and/or common open space:

Number of Bedrooms	0 – 1	2	3+
Open Space Per Unit, sq ft	225	250	275

ii. Nonresidential Portion. Projects with more than 40,000 square feet of nonresidential floor area shall provide an additional minimum of 5 percent of the gross nonresidential floor area as common open space accessible from the nonresidential portions of the project.

c. Publicly Accessible Open Space. Projects on lots greater than 20,000 square feet in area shall provide 2% of the lot area as publicly accessible open space at the sidewalk level. For every additional 20,000 square foot increment (or portion thereof) in lot size, the percentage of publicly accessible open space required increases by an additional one percent for a maximum of five percent.

3. Private Residential Open Space.

a. A maximum of 40 percent of the required open space for the residential portion of the project shall be private open space.

b. Private open space shall be a minimum area of 40 square feet with a minimum dimension of 5 feet in each direction.

c. All private open space shall be outdoors. Private open space areas shall be located outside the interior living space of a structure.

d. Private open space may be located within a required setback or on a rooftop area.

e. Private open space shall abut the unit that it serves and allow for direct access from the unit without having to enter a common area.

f. Private open space areas shall have a slope no greater than five percent but may be located on multiple levels.

g. If located on multiple levels, each level of private open space shall individually satisfy the private open space minimum dimensions.

4. Common Residential Open Space:

a. A minimum of 60 percent of the required open space for the residential portion of a project shall be common open space shared among tenants.

b. Common open space shall be a minimum area of 400 square feet with a minimum dimension of 15 feet in each direction.

c. All portions of all common open space areas shall be useable for recreational purposes and accessible by all residential tenants.

d. Common open spaces may be accessible to and from the general public.

e. Rooftop areas, including the top of above-grade garages, may be utilized to satisfy required common open space requirements. No more than 50 percent of the rooftop may be utilized for common open space.

f. A minimum of 60 percent of common open space shall be outdoors, and a minimum of 80 percent of outdoor common open space shall be open to the sky. If located on the rooftop, the minimum is 50 percent.

i. A maximum of 40 percent of common open space may be indoors. Indoor common open space shall not include spaces used primarily for circulation.

ii. A maximum of 25 percent of outdoor common open space may be paved in standard concrete.

iii. A minimum of 25 percent of outdoor common open space shall be planted area with a minimum dimension of 30 inches in length, width, and depth. Landscaping shall otherwise comply with Section 10-1-920(H).

(a) A minimum of one 36-inch box tree per project or for every 750 square feet of outdoor common open space, whichever is greater, shall be planted within the common open pace. For projects with 2 or more trees, a minimum of 50 percent of trees planted shall be shade trees.

(b) Trees planted in pots, on the ground floor, shall not be counted towards the tree requirement.

iv. A maximum of 5 percent of the required common open space shall be fountains, reflecting pools, or other decorative water features that are served by non-potable water sources, if available. Swimming pools are not considered water features for the purposes of this standard.

g. On-site amenities shall be provided in the common open space as follows. All amenities shall be permanently installed as part of the project, unless otherwise approved by the Director. Any of the amenity items listed below may be substituted with a comparable amenity subject to approval by the Director.

i. For projects with 20 or fewer units, two (2) different items from the following: gazebo, spa, cooking/eating area with built-in barbeque, fountain, reflection pool, water garden, or permanently affixed outdoor seating.

ii. For projects with 21 to 99 units, one (1) additional item from the following: children’s indoor or outdoor play area or sandlot, dog park, lap pool, handball court, volleyball area, basketball court, activity room, sauna, or putting green.

iii. For projects with 100 or more units one (1) additional item from the following: in-ground or above-ground swimming pool including rooftop pools, tennis court, permanently equipped gym or exercise room with a minimum area of 300 square feet, personal dog grooming area with a minimum area of 200 square feet, a library with a minimum area of 500 square feet, a conference room with a minimum area of 400 square feet, or a community room with a kitchenette with a minimum area of 400 square feet, indoor or outdoor edible garden or greenhouse with a minimum area of 500 square feet.

5. Publicly Accessible Open Space (PAOS):

a. A minimum of 3,000 square feet of PAOS shall be at sidewalk elevation. If less square footage is required, then all required PAOS shall be at sidewalk elevation.

b. When PAOS is required for a project, PAOS shall be provided in addition to private and common open space requirements.

c. Although open to the public as specified herein, PAOS shall be owned and operated by the developer and any subsequent private property owner(s). Operating responsibilities include, but are not limited to, ongoing maintenance responsibilities and establishment and enforcement of rules and regulations governing use of the PAOS by the general public, if any.

d. PAOS may be contiguous or noncontiguous, subject to the standards below.

i. A minimum area of 400 square feet with a minimum dimension of 20 feet in each direction is required for PAOS.

ii. A maximum of 20 percent of the PAOS may be used as outdoor dining for a restaurant subject to Director approval; a minimum of 80 percent of the PAOS shall be accessible to the general public.

e. PAOS shall have signage visible from the adjacent sidewalk identifying the space as a publicly accessible amenity and listing accessible hours.

f. At a minimum, PAOS shall be open to the general public from 8 a.m. to 8 p.m. The PAOS may be secured with a fence or gate with a minimum open design of 50%, but shall be left open and unlocked during the time it is open to the public.

g. A maximum of 25 percent of PAOS shall be paved in standard concrete.

h. Seating shall be provided at a minimum of 1 seat per 150 square feet of required PAOS. Fractions shall be rounded up to the nearest whole number.

i. Benches shall be calculated as 1 seat per 30 linear inches.

i. PAOS Landscaping

i. PAOS landscaping shall comply with Section 10-1-920(H) except as follows:

(a) A minimum of 25 percent of PAOS shall be planted area with a minimum dimension of 30 inches in length, width, and depth.

(b) A minimum of one 36-inch box tree per project or for every 750 square feet of PAOS, whichever is greater, shall be planted. For projects with 2 or more trees, a minimum 50 percent of trees planted shall be shade trees.

j. PAOS in excess of the minimum may count towards a maximum of 30 percent of the common open space requirement at a 1:1 ratio.

k. Required short-term bicycle parking may be located in the PAOS.

l. Decorative fences, gates, and interactive public art displays or statues may be integrated into PAOS if approved by the Arts in Public Places Committee, in fulfillment of a public art requirement.

6. Additional Open Space General Requirements:

a. Open space areas shall be dedicated areas separate from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access features. Hardscaping is limited to pedestrian pathways and recreation areas.

b. Open space areas may not contain stairways or ramps except as necessary to provide access to the open space area or among different levels of the open space area.

c. Interior side and rear yards, inclusive of required buffer areas, may be utilized for common open space areas so long as all minimum dimensions are satisfied.

H. GENERAL LANDSCAPING REQUIREMENTS.

1. All areas between a building and adjoining sidewalk shall be landscaped with live plant materials, except for:

a. Private or common open space;

b. Areas required for vehicular or pedestrian access to the property; and

c. Courtyards, outdoor seating areas, and other similar outdoor spaces for residents, customers and/or the general public.

2. Landscaping shall consist of any combination of trees and shrubs, and may include grass or related natural features, such as rock, stone, or mulch. At maturity, plantings shall comprise a minimum of 75 percent of the total landscape area. All landscape area not occupied by turf or ground cover shall be covered with mulch to reduce water evaporation and consumption and weed growth.

3. No more than 35 percent of the total landscape area of the lot as a whole may be occupied by turf or lawn.

4. All planters shall be constructed of permanent masonry or concrete construction. All planters shall provide drainage directly into a drainage system.

5. All landscape areas shall provide minimum soil depths as follows:

a. 12 inches for areas planted with turf or ground cover.

b. 18 inches for planters and areas planted with shrubs and similar vegetation.

c. 3 feet for planters or areas planted with trees.

6. Each planter and landscape area shall have no dimension or diameter less than three feet.

7. All landscape areas shall include a permanent fully automatic irrigation system. Irrigation systems shall utilize water conservation design concepts including but not limited to low-flow sprinkler heads and bubblers, drip systems, zone separation, microclimate considerations, and moisture sensors. Irrigation systems may operate only between the hours of 9 p.m. and 6 a.m. A separate meter and service shall be installed for irrigation purposes only. When recycled water becomes available in the area directly adjoining the site, use of recycled water will be required for all irrigation needs. Pending recycled water availability, a backflow device will be required to protect the potable water system.

8. Landscaping plans demonstrating compliance with the landscaping requirements shall be prepared by a registered landscape architect. Final species selection and placement of all trees and vegetation shall be approved by the Director.

9. The following requirements apply to all required front yards and street-facing side yards:

a. A minimum of 50 percent of front and exposed side yards shall be landscaped.

b. Hardscape is limited to a driveway leading directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible, pedestrian pathways, and encroachments specifically permitted in Table 10-1-920(B)(5)(d). For the purposes of this Subsection, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious surfaces.

c. The provision of outdoor amenities and decorative hardscape, such as outdoor seating areas with benches permanently affixed to the ground or hardscaped areas enriched with decorative materials which are under a tree canopy, shall be credited toward up to 50 percent of the required landscaping in all yards. Vehicular access areas may not be considered as decorative hardscape.

d. To qualify as landscaped area, all areas not occupied by trees or drought-tolerant shrubs shall be planted with turf or other drought-tolerant ground cover with a minimum soil depth of 12 inches. All planters shall be a minimum of 18 inches deep and two (2) feet in their smallest inside dimension, unless a tree is required, in which case a three (4) foot planter depth shall be required and the planter shall have a minimum inside dimension of four (4) feet.

I. PARKING AREAS AND DRIVEWAYS.

1. General Purpose:

a. Reduce the visual impacts of parking;

b. Regulate appropriate parking supply and location in a manner that prioritizes pedestrian access and multi-modal activity;

c. Encourage change of use and adaptive reuse of existing buildings through parking reductions and exemptions;

d. Promote a more efficient use of parking spaces through shared parking among multiple uses within a project; and

e. Increase design standards for parking structures by ensuring habitable floor area and screening between parking and street frontage.

2. General Parking Requirements.

a. All parking spaces provided for residential uses shall be full-size spaces no less than eight (8) feet, six (6) inches wide and no less than 18 feet deep. Parking spaces adjacent to walls and columns, and at the end of the access aisle are subject to any additional dimension requirements in the Burbank Municipal Code and any applicable City Standard Plans.

b. All parking spaces provided for nonresidential uses shall be full-size spaces no less than nine (9) feet wide and no less than 18 feet deep. Parking spaces adjacent to walls and columns, and at the end of the access aisle are subject to any additional dimension requirements in the Burbank Municipal Code and any applicable City Standard Plans.

c. When individual garages or carports are used to provide parking for residential or nonresidential uses, a clear space no less than nine (9) feet, six (6) inches wide and 19 feet deep shall be provided inside the individual garage or carport for each parking space.

d. All parking spaces shall be clear of any encroachments including but not limited to structural features, shelves, cabinets, appliances, and equipment.

e. Unrestricted access shall be provided to all residential guest spaces when such spaces are provided. Such spaces may not be located within a gated or secured area or otherwise have their access restricted.

f. All parking spaces, driveways, backup areas, and access aisles shall be designed and constructed in compliance with Article 14 of this Chapter and any applicable City Standard Plans.

g. Garage doors shall not, when open or being opened, project beyond any lot line.

h. Driveways shall be improved with cement concrete, asphalt, brick, pavers, or a permanent surface approved by the Director.

i. Driveways shall be no less than 10 feet wide and no more than 20 feet wide and shall remain clear and unobstructed by any structural elements or vegetation.

i. Driveways located at the street-facing elevation of a structure shall not exceed 18 feet in width.

ii. For sites with less than 200 feet of primary street frontage, a maximum of 1 two-lane driveway shall be permitted.

iii. For sites with more than 200 feet of primary street frontage, a maximum of 2 two-lane driveways shall be permitted.

iv. Driveways are not permitted on street frontages of less than 200 feet where there is access from an alley.

j. When a turning movement is required to back out of a parking space, including but not limited to a curved driveway or access from an alley, a minimum backup turning radius of 24 feet shall be provided for all parking spaces as measured from the exterior wall of the garage or carport.

k. No more than one (1) curb cut may be provided on each street frontage for each 100 feet of lot frontage on that street, except that lots with less than 100 feet of frontage may provide one (1) curb cut. Curb cuts shall be separated by at least 20 feet of uncut curb.

3. Minimum Parking.

a. Projects shall provide off-street automobile parking spaces for residential and nonresidential uses pursuant to Table 10-1-920(A).

b. Electric Vehicle and accessible parking shall be provided as required by the City’s Building Code, and applicable state or federal law.

c. No new parking is required for changes of use in structures built prior to 1973 where no additional structural modification is proposed.

d. If provided, each residential guest vehicle parking space shall also count as 1 nonresidential parking space.

4. Shared Parking. Parking may be shared among multiple uses.

5. Unbundled Parking.

a. For any building with new residential units, automobile parking spaces shall be leased or sold separately from the rental or purchase fees, such that renters or buyers have the option of renting or buying the unit at a lower price than if the parking was included.

b. Renters or buyers have the right of first refusal to parking built for their unit. Any remaining spaces may be leased to other users on a month-to-month basis. New occupants shall have the opportunity to lease or purchase parking built for their unit.

6. Parking Layout and Design. All parking spaces, driveways, backup areas, and access aisles shall be designed and constructed in compliance with Article 14 of this Chapter and any applicable City Standard Plans, except if preempted by state law, and except for the following:

a. Surface Parking:

i. Parking lots shall be set back a minimum of 30 feet from the facade of the primary frontage, 10 feet from the facade of any secondary frontage, and 5 feet from R-1 zoned lots.

ii. Surface Parking Landscaping.

(a) Shall comply with Title 10, Chapter 1, Article 14, Division 4, except for the following:

(i) Parking shall be buffered by permitted non-parking uses or a landscaped setback adjacent to the sidewalk line, except for driveways or pedestrian access to the parking area.

(ii) Landscaped setbacks shall include hedges or shrubs with a minimum height of 3 feet at the time of planting that form a continuous visual screen to block vehicle headlights.

(iii) Exceptions to tree planting requirements specified in Title 10, Chapter 1, Article 14 are allowed only for those parking spaces fully covered by solar energy systems.

b. Structured Parking.

i. To be considered a semi-subterranean garage, the top deck of a parking garage shall be no higher than five (5) feet above the natural abutting ground surface at any point as measured at a five (5)-foot horizontal distance out from the exterior wall surface.

ii. Parking garages that exceed the height requirement for a semi-subterranean garage per as defined in Section 10-1-920(I)(6)(b)(i) are considered above-grade garages.

iii. Structured parking shall maintain a three-foot setback from the sidewalk line.

iv. All vehicle gates to a parking structure on a street-facing elevation and parallel to the street shall be located at least 18'-0'' from the property line to allow for single-vehicle queuing.

v. Garage doors shall not, when open or being opened, project beyond any lot line.

vi. Portions of above-grade garages and semi-subterranean parking garages that extend above the ground surface on a front or street-facing side yard elevation shall be completely screened by a permanently irrigated landscaped berm or climbing vine or a storefront facade/architectural screening with the appearance of a storefront consistent with the development standards of this Division.

vii. Parking structure facades visible from public streets, excluding alleys, shall use materials and design compatible with the building architecture.

viii. Above ground parking structures shall be buffered by permitted non-parking uses a minimum of 35 feet in depth adjacent to the sidewalk line, for a minimum of 50 percent of the street frontage except for driveways or pedestrian access to the parking area.

(a) This requirement only applies to lots with a depth of 120 feet or more.

(b) In no case is a setback of less than three feet allowed.

c. Underground Parking.

i. Subterranean parking shall be set back a minimum of 5 feet from all street property lines and residential zones. Otherwise, it may extend up to the property line.

d. Loading.

i. Each mixed-use development shall require one loading space, which cannot be located on a street facing elevation or in the public right-of-way.

ii. Off street loading areas shall be located as far as possible from the residential units and shall be completely screened from view from the residential portion of the project.

(a) Service and loading areas shall be screened from residential areas and integrated with the design of the building. Techniques such as block walls, enhanced setbacks, or enclosed loading or equipment areas shall be used to minimize adverse impacts to residents from vehicle and mechanical noise.

(b) Back-in or back-out loading facilities shall not be permitted along arterial highways or collector streets.

(c) Loading of furniture and household goods for the residential units shall be limited to the hours of 9:00 a.m. to 2:00 p.m. and 7:00 p.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends.

7. Miscellaneous General Parking Standards.

a. All subterranean, semi-subterranean, and above-ground garage openings may not exceed 20 feet in width, unless otherwise required by the Fire Department. On street-facing elevations of structures, garage openings shall not exceed 18 feet in width, unless otherwise required by the Fire Department. All garage openings on a front or street-facing side yard elevation shall be separated by at least 20 feet.

b. Tandem parking spaces may be used. When tandem parking is used, each tandem pair shall be assigned to a specific residential unit. Guest parking spaces, when provided, may not be tandem spaces. Tandem Spaces shall be no less than eight (8) feet, six (6) inches wide and no less than 36 feet deep.

c. All parking spaces located within the rear half of the lot may be in a garage or carport, covered, or uncovered; all other parking spaces shall be in an attached, detached, or subterranean enclosed parking garage.

J. PERFORMANCE STANDARDS.

1. Hours of Operation.

a. The business hours for the nonresidential component of a mixed-use development project shall be allowed to operate from 7 a.m. to 10 p.m. Operation outside of these allowed hours shall require a conditional use permit to ensure that the nonresidential use will not negatively impact the residential uses within the project.

b. Commercial hours of operation that result in a public nuisance, as defined in this Code, will require hours of operation to be further restricted.

2. Security.

a. Shared elevators between residential and nonresidential uses, or other secured access doors shall have security code access or other keyless entry systems or similar security measure to prevent access to residential areas by non-residential users, and to allow residents to reach residential floors and to use the elevators during late evening and early morning hours between 10 p.m. and 7 a.m. at a minimum.

3. Ventilation.

a. Residential and nonresidential units shall be designed to not allow for cross-ventilation.

b. Ground floor commercial vents for restaurants or other food production related businesses may not be located directly below residential uses.

4. Noise and Vibration.

a. Walls on all sides of residential and live/work units shall be constructed to minimize the transmission of noise and vibration. A minimum impact insulation class (IIC) of 60 shall be required for all residential walls, floors, and ceilings.

b. Residents of a mixed-use development project shall be notified via a disclosure statement in the lease agreement or in the sale documents that they are living in an urban, non-residentially zoned area and that the noise levels may be higher than in a typical residential zone.

5. Maintenance of Common Facilities.

a. Where there is more than one (1) property owner with shared interest in maintaining common facilities related to lighting, fencing, signs, landscaping, shared parking, etc., a joint owner’s association shall be formed, a landscape assessment district shall be established, or a maintenance agreement recorded. If a joint owner’s association or a landscape assessment district is established, the association or district shall be obligated and responsible for maintaining common facilities in accordance with the standards and requirements of this Division and the conditions of any applicable use permit. If a maintenance agreement is recorded, the agreement shall clearly identify those individuals or entities obligated and responsible for maintaining the common facilities in accordance with the standards and requirements of this Division and the conditions of any applicable use permit. Each agreement, resolution or other document establishing a joint owner’s association, a landscape assessment district or a maintenance agreement shall include the City of Burbank as a third-party beneficiary with the right, but not the obligation, to enforce said agreement, resolution or other document. The agreement, resolution or other document shall be subject to review and approval by the City.

K. PEDESTRIAN ORIENTED CIRCULATION AND SITE DESIGN.

1. For development projects with more than one building, the following pedestrian design standards shall apply:

a. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or other shared amenities.

b. An on-site walkway shall connect the principal building entry or entries to a public sidewalk on each street frontage.

c. Direct pedestrian access shall be provided from mixed-use development projects to adjoining residential and nonresidential areas to the maximum extent feasible while still providing for safety and security.

d. Pedestrian connections shall be provided from adjacent transit stops to building entrances.

2. Interior Pedestrian Walkway Design.

a. Within a development, walkways shall have a minimum clear unobstructed width of five feet, and be hard surfaced.

b. Where a required walkway crosses driveways, parking areas, or loading areas, it shall be clearly identifiable through the use of a raised crosswalk, a different paving material, or other similar method as deemed appropriate by the Director.

c. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier as deemed appropriate by the Director.

L. SIGNS.

Signs on mixed-use development in nonresidential zones shall comply with the design and development standards for signs in the underlying zoning designation.

M. OTHER OBJECTIVE DEVELOPMENT STANDARDS.

In addition to compliance with this Code, all development projects subject to this Division shall also comply with any applicable objective design and development standards adopted by resolution of the City Council. [Added by Ord. No. 23-3,994, eff. 5/23/23; amended by Ord. No. 23-3,996, eff. 7/7/23.]

DIVISION 5. OPEN SPACE ZONE

10-1-921: PURPOSE:

The Open Space Zone is intended to preserve land for public open space, to provide a variety of outdoor recreational opportunities throughout the City, and to conserve the natural amenities of the Verdugo Mountains. The Open Space Zone is to provide for land conservation, watershed areas, and recreational activities. The provision for additional open space for outdoor recreational opportunities through the dual use of existing facilities, such as land fill areas, water supply facilities, reservoirs, and utility easements, is also an open space land use objective. In addition, the Open Space Zone is to provide for the public health and safety by limiting the use of lands subject to flooding, slides, or other hazards, to open space uses.

The intent of the General Plan for the Open Space Zone is to provide for the implementation of the adopted Corridor Plan for the development of the Rim of the Valley Trail corridor; preserve the natural amenities of the Verdugo Mountains; provide for open space uses that are complimentary to the area’s natural environment; preserve historical landmarks and irreplaceable natural features; preserve and maintain unobstructed critical links between major recreation areas and/or open space reservations, and to prevent any reduction in the amount of public open space land used primarily for recreational and conservation uses. [Added by Ord. No. 3249, eff. 6/1/91.]

10-1-921.5: GENERAL PLAN CONSISTENCY:

In the Open Space Zone, all uses shall be consistent with the maximum FAR and maximum residential density, as prescribed in the General Plan, as follows:

General Plan Land Use Designation	Maximum FAR	Maximum Residential Density1
Corridor Commercial	1.0 FAR	27 units/acre
Regional Commercial	1.25 FAR	58 units/acre
Downtown Commercial	2.5 FAR	87 units/acre
South San Fernando Commercial	1.25 FAR	43 units/acre
North Victory Commercial/Industrial	1.0 FAR	27 units/acre
Rancho Commercial	0.6 FAR	20 units/acre
Media District Commercial	1.1 FAR	58 units/acre
Golden State Commercial/Industrial	1.25 FAR	27 units/acre
Institutional	Max. floor area determined by Zoning	--
Open Space	Max. floor area determined by Zoning	--
Airport	Max. floor area determined by Zoning	--
1 with discretionary approval

[Added by Ord. No. 3839, eff. 5/24/13.]

10-1-922: USES IN THE OPEN SPACE ZONE:

In the Open Space Zone, uses are allowed as set forth in Section 10-1-502. [Added by Ord. No. 3249; Amended by Ord. 3504, eff. 12/26/98; 3439.]

10-1-923:

[Deleted by Ord. No. 3504, eff. 12/26/98.]

10-1-924: DEVELOPMENT REVIEW:

Unless specifically exempted by Section 10-1-1914 of this Code, no structure shall be erected on any lot in an Open Space Zone, nor shall any permits thereto be issued until a Development Review Application has been submitted to and approved by the Director, as provided in Division 2, Article 19 of this chapter. These permits include but are not limited to site preparation permits such as demolition permits and grading permits. [Added by Ord. No. 3249, eff. 6/1/91; Amended by Ord. No. 3587, eff. 11/3/01.]

DIVISION 6. HISTORIC PRESERVATION REGULATIONS

10-1-925: PURPOSE:

This Division may be referred to as the “Historic Resource Management Ordinance.” The intent of this Division is to recognize, preserve, and protect historic Resources in the interest of the health, prosperity, social and cultural enrichment, and general welfare of the people. The purpose of this Division is to:

A. Safeguard the heritage of the City by preserving Resources that reflect elements of the City’s history;

B. Encourage public understanding and involvement in the historic, cultural, architectural, archaeological, and social heritage of the City;

C. Promote the private and public use and preservation of historic Resources for the education, appreciation and general welfare of the people;

D. Promote the conservation, preservation and enhancement of historic Resources;

E. Promote the conservation of energy and natural resources through the preservation and maintenance of historic Resources;

F. Discourage the demolition, destruction, alteration, misuse or neglect of Designated Historic Resources which represent an important link to Burbank’s past;

G. Provide economic benefits to owners of qualifying historic Resources to ensure their continued maintenance and preservation; and

H. To make all information about historic Resources and historic preservation accessible and available to the public. [Added by Ord. No. 3381, eff. 10/15/94; Amended by Ord. No. 3812, eff. 6/24/11.]

10-1-926: CRITERIA FOR DESIGNATION OF HISTORIC RESOURCES:

Prior to any Resource being approved as a Designated Historic Resource, the City Council shall find that the Resource satisfies one or more of the following criteria.

The Resource:

A. Is associated with events that have made a significant contribution to the broad patterns of Burbank’s or California’s history and cultural heritage.

B. Is associated with the lives of persons important in the past.

C. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.

D. Has yielded, or may be likely to yield, information important in prehistory or history. [Added by Ord. No. 3381, eff. 10/15/94; Formerly numbered Section 10-1-927 and Amended by Ord. No. 3812, eff. 6/24/11.]

10-1-927: PROCEDURE FOR DESIGNATION OF HISTORIC RESOURCES:

A. ELIGIBLE HISTORIC RESOURCES.

1. The Director may maintain a list of Eligible Historic Resources. The purpose of the list is to inform City staff, decision makers, and the public for future planning and decision making, and to inform property owners about the potential historic significance of their properties.

2. Identification as an Eligible Historic Resource does not impose any obligations or requirements not otherwise required by law. Determination of eligibility and inclusion on the list does not constitute a determination of significance for the purposes of environmental review under the California Environmental Quality Act.

3. Any person may request that the Director investigate a Resource to determine its eligibility. The request shall be made in writing, in a form deemed appropriate by the Director. The Director may require the requestor to submit information regarding the historic significance of the Resource including but not limited to photographs, plans, deeds, and any other materials that may provide information regarding the Resource. A fee for filing the request may be required if so specified in the Fee Resolution.

4. If determined eligible, the Director shall identify the Resource as an Eligible Historic Resource.

B. APPLICATION FOR DESIGNATION.

The owner of an Eligible Historic Resource may apply to have the Resource approved as a Designated Historic Resource. Such application shall be made in writing, in a form deemed appropriate by the Director. The application shall include the owner’s consent to the designation and agreement to abide by the requirements of this Division through the execution of a covenant. The Director may require the owner to submit information regarding the historic significance of the Resource including but not limited to photographs, plans, deeds, and any other materials that may provide information regarding the Resource. An application fee may be required if so specified in the Fee Resolution.

C. HERITAGE COMMISSION REVIEW AND RECOMMENDATION.

Applications for approval of Designated Historic Resources shall be reviewed by the Heritage Commission at a public meeting. The Commission shall determine whether the Resource meets one (1) or more of the criteria for approval as a Designated Historic Resource and, based on this determination, shall recommend to the City Council that the application be approved or denied. The Heritage Commission shall adopt a resolution stating its recommendation, focusing on the criteria set forth in Section 10-1-926, and incorporating its reasons in support or denial of the application.

D. COUNCIL DESIGNATES RESOURCE.

Following the Heritage Commission’s consideration of the application, the City Council shall hold a public hearing to consider the application. The applicant shall be provided with at least 15 days notice of the hearing date. Following the public hearing, the City Council shall adopt a resolution to approve or deny the application based on the criteria specified in Section 10-1-927. If the application is approved by the City Council, the Designated Historic Resource shall be added to the City’s Register of Historic Resources.

E. COVENANT TO BE RECORDED.

If the application is approved by the City Council, the City shall record a signed covenant in the office of the County Recorder at the Resource owner’s expense. The covenant, which shall run with the land and be binding on successors and assigns, shall specify which elements of the Designated Historic Resource are to be protected; and state that any alteration or removal of these elements shall be done in accordance with Section 10-1-928. This covenant shall serve as notice of the approval as a Designated Historic Resource, and shall not be removed from the property without the consent of the City Council. [Added by Ord. No. 3381, eff. 10/15/94; Formerly numbered Section 10-1-928 and Amended by Ord. No. 3812, eff. 6/24/11.]

10-1-928: PROCEDURES AND CRITERIA FOR ACTIONS SUBJECT TO REVIEW:

A. PERMIT REQUIRED.

No person shall demolish, construct, move, change the appearance of or make alterations to any Designated Historic Resource without first obtaining a Permit to Alter a Designated Historic Resource. No building, demolition, or similar permit for such work shall be issued unless a Permit to Alter a Designated Historic Resource has been approved pursuant to this Section.

B. PROCEDURES FOR REVIEWING A PERMIT TO ALTER A DESIGNATED HISTORIC RESOURCE.

1. An application for a Permit to Alter a Designated Historic Resource shall be filed with the Director. The application shall be made in writing in a manner deemed appropriate by the Director. The Director may require the applicant to submit such additional information and materials as may be necessary for a complete review of the application by the Heritage Commission. An application fee may be required if so specified in the Fee Resolution.

2. The Heritage Commission shall consider the application for a Permit to Alter a Designated Historic Resource at a public meeting. The Commission shall not approve the application unless it makes all of the following findings.

a. The proposed alteration is consistent with the purpose and intent of the City’s Historic Resource Management Ordinance.

b. The proposed alteration will not adversely affect the significance or value of the Designated Historic Resource.

c. The architectural style, design, arrangement, massing, texture, painted and unpainted surfaces, materials, and any other significant factors will not be affected in a way that detracts from the Designated Historic Resource or otherwise decreases the value of the Designated Historic Resource to the community.

3. In approving an application, the Heritage Commission may impose conditions or restrictions as it deems necessary or appropriate for the purpose of making the above findings. These conditions may require changes to the proposed alterations. The Heritage Commission shall adopt a resolution stating its decision and any imposed conditions.

4. A decision of the Heritage Commission regarding an application for a Permit to Alter a Designated Historic Resource may be appealed by any person to the City Council. Such appeal shall be submitted in writing in a form deemed appropriate by the Director and shall be accompanied by payment of an appeal fee if specified in the Fee Resolution. Any appeal shall be submitted within 15 days of the date the Heritage Commission adopts its resolution to approve or deny the permit.

5. The City Council shall hold a public hearing to consider an appeal of the Heritage Commission’s decision. Notice of the hearing shall be provided to the Resource owner, permit applicant, and appellant at least 15 days prior to the hearing. Upon conclusion of the hearing, the City Council shall adopt a resolution approving or denying the application and imposing any conditions deemed appropriate.

C. EXEMPTIONS TO REQUIREMENT FOR PERMIT TO ALTER A DESIGNATED HISTORIC RESOURCE.

1. Ordinary Maintenance and Repair.

A Permit to Alter a Designated Historic Resource is not required for the ordinary maintenance and repair of any Designated Historic Resource, so long as such maintenance and repair does not involve a change in exterior design, material, or appearance. The Heritage Commission may authorize staff to develop and implement a procedure to approve ordinary maintenance and repair activities meeting the above description.

2. Public Health and Safety.

A Permit to Alter a Designated Historic Resource is not required for construction, reconstruction, alteration, restoration or demolition that the Building Official certifies is required to protect public health or safety because of an unsafe or dangerous condition.

3. Economic Hardship.

The owner of a Designated Historic Resource may request to be exempted from the permit requirement and carry out work that may adversely affect the value or significance of a Designated Historic Resource on the basis of extreme financial hardship or adversity. Such request shall be submitted by the owner and considered by the Heritage Commission (and City Council if appealed) in the same manner as an application for a Permit to Alter a Designated Historic Resource. The Director may require the owner to furnish material evidence supporting the request for exemption.

The Heritage Commission, and City Council if appealed, shall approve the request for exemption only if all the following findings are made:

a. Requiring the owner to obtain a permit, or preventing the owner from carrying out the requested work, would deprive the owner of all reasonable use of, or economic return on, the property on which the Designated Historic Resource is located.

b. Requiring the owner to obtain a permit or preventing the owner from carrying out the requested work would cause an immediate hardship because of conditions unique to the specific Designated Historic Resource involved.

c. The damage to the owner would be unreasonable in comparison to the benefit conferred to the community by the Designated Historic Resource. [Added by Ord. No. 3381, eff. 10/15/94; Formerly numbered Section 10-1-929 and Amended by Ord. No. 3812, eff. 6/24/11.]

10-1-929: DUTY TO MAINTAIN STRUCTURES AND PREMISES:

The owner, lessees, and any other responsible persons shall take all steps necessary to maintain the Designated Historic Resource in good condition, and to prevent any deterioration or decay that would adversely affect the value or integrity of the Designated Historic Resource. Failure to maintain the Designated Historic Resource in accordance with this Section is a violation of the Burbank Municipal Code and is subject to prosecution. [Added by Ord. No. 3381, eff. 10/15/94; Formerly numbered Section 10-1-930 and Amended by Ord. No. 3812, eff. 6/24/11.]

10-1-930: CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS:

Prior to any area being approved as a Historic District, the City Council shall find that a minimum of 60 percent of the parcels of land in the proposed Historic District satisfy one (1) or more of the same criteria listed below, which criteria form the basis for designation of the proposed Historic District:

1. The contributing resources embody the distinctive characteristics of a type, period, region, or method of construction, represent the work of a master, or possess high artistic values.

2. The contributing resources reflect significant geographical patterns, including those associated with different areas of settlement and growth; particular transportation modes; or distinctive examples of a park landscape, site design, or community planning.

3. The contributing resources are associated with, or are unified by, events that have made a significant contribution to the broad patterns of Burbank’s history.

4. The contributing resources are associated with the lives of persons important to local, state, or national history. [Renamed and Amended by Ord. No. 3826, eff. 8/17/12.]

10-1-931:

[Added by Ord. No. 3779, eff. 5/7/10; Deleted by Ord. No. 3812, eff. 6/24/11.]

10-1-932: PROCEDURE FOR DESIGNATION OF HISTORIC DISTRICTS:

A. APPLICATION FOR DESIGNATION.

An application for Historic District designation may be submitted by the owner of a parcel of land within the boundaries of the proposed Historic District. Such application shall be made in writing, on a form provided by the Director, and shall include a map of the proposed Historic District and photographs of the properties to be included in the Historic District. The Director may require the owner to submit supplemental information regarding the historic significance of the proposed Historic District. An application fee may be required if so specified in the City of Burbank Fee Resolution.

B. COMMUNITY MEETING.

Once an application has been deemed complete, the Community Development Director will host a community meeting prior to any action being taken to approve or deny the application. The purpose and intent of the community meeting is to provide information about the proposed Historic District and designation process. Mailed notice shall be provided to every occupant and owner of property, as shown on the latest equalized assessment roll, within the proposed Historic District and within 1000 feet of the proposed Historic District. Such notice shall be mailed no less than ten (10) business days prior to the scheduled community meeting date and shall include information about the proposed Historic District.

C. HERITAGE COMMISSION PRELIMINARY DETERMINATION.

1. The Heritage Commission shall hold a public hearing to preliminarily consider the application for Historic District designation.

2. Notice of the public hearing shall be provided to property owners and occupants consistent with Section 10-1-932(B).

3. The Heritage Commission shall preliminarily determine whether the proposed Historic District meets one (1) or more of the criteria for approval set forth in Section 10-1-930 without consideration of whether 60 percent of the parcels of land within the proposed Historic District individually meet such criteria. Based on this determination, the Heritage Commission may authorize circulation of a Petition Requesting a Historic Resource Survey. The Heritage Commission shall adopt a resolution stating its preliminary determination, focusing on the criteria set forth in Section 10-1-930, and incorporating its findings in support or denial of the application.

4. The determination of the Heritage Commission shall be provided to property owners and occupants consistent with Section 10-1-932(B).

5. The determination of the Heritage Commission is appealable to the City Council.

D. PETITION REQUESTING A HISTORIC RESOURCE SURVEY.

1. Within 90 days of a preliminary determination of eligibility by the Heritage Commission, or the City Council’s action on appeal, the applicant shall submit a Petition Requesting a Historic Resource Survey to the Director on a form provided by the Director. The petition shall be signed by owners of at least 25 percent of the parcels of land in the proposed Historic District. Should the applicant fail to provide a petition with sufficient signatures within 90 days, the application shall be deemed denied and may not be re-submitted for a period of six (6) months following the date of denial.

2. A 90 day extension may be granted at the discretion of the Director. Any request for an extension must be made prior to the expiration of initial 90 day period.

3. For the purpose of this section, for a signature to be considered valid, the petition shall be signed by one (1) of the following, as shown on the latest equalized assessment roll:

a. Where the property is held by a single individual, that individual shall sign the petition;

b. Where the property is held by multiple owners, including joint tenancy, tenants in common, tenants in partnership or community property, each property owner shall sign the petition;

c. Where the property is held by a business entity, such as a corporation, limited partnership, general partnership, or limited liability, an authorized agent of such business entity shall sign the petition;

d. Where the property is a common interest development, as defined in California Civil Code Section 1351, the authorized agent of the homeowners association or other agent designated in the common interest development’s governing documents shall sign the petition; or

e. Where the property is held in trust, all co-trustees shall sign the petition unless the California Probate Code allows otherwise.

4. Properties owned by any public agency shall not be considered, either as signatories or when determining the total number of properties, in judging whether a petition has sufficient signatures.

5. Upon receipt of the Petition Requesting a Historic Resource Survey, the Director shall verify that the petition contains the required number of signatures and that all signatures are valid. If budget authorization is required, the Director shall forward a funding request to the City Council for its approval. Notice of the Director’s decision will be provided to properties consistent with Section 10-1-932(B).

E. PREPARATION OF HISTORIC RESOURCE SURVEY.

Staff will prepare, or cause to be prepared, a Historic Resource Survey consistent with the Department of Interior’s standards for local surveys. The Historic Resources Survey shall identify within the boundaries of the proposed district the contributing resources and non-contributing resources.

F. PREPARATION OF DESIGN GUIDELINES.

Pursuant to Section 10-1-933(A), the Secretary of Interior Standards for the Treatment of Historic Properties will be used as design guidelines for the review of work proposed for properties within any adopted Historic District. Concurrent with the preparation of the Historic Resource Survey, staff will determine whether there is a need for local design guidelines as a supplement to the Secretary of Interior Standards. In the event local design guidelines are necessary for a proposed Historic District, draft local guidelines will be developed for consideration by the Heritage Commission, Planning Commission and City Council during their respective reviews.

G. HERITAGE COMMISSION REVIEW OF SURVEY AND LOCAL DESIGN GUIDELINES.

1. Following preparation of the Historic Resource Survey and any draft local Historic District design guidelines, the Heritage Commission shall hold a public hearing to consider the Historic Resources Survey and any local design guidelines.

2. Notice of the public hearing shall be provided to property owners and occupants consistent with Section 10-1-932(B).

3. The Commission shall determine the following:

a. Whether the Historic Resources Survey is consistent with the Department of Interior’s standards for local surveys;

b. Whether the Historic Resource Survey confirms the eligibility of the proposed Historic District based upon the criteria set forth in Section 10-1-930;

c. Whether any proposed local design guidelines are necessary and appropriate for the proposed Historic District;

d. Identification of the contributing resources and non-contributing resources; and

e. Whether to authorize circulation of a Petition Requesting a Historic District Designation.

4. The Heritage Commission shall adopt a resolution stating its determination and incorporating its findings in support or denial of the Historic Resources Survey and the authorization for a Petition Requesting a Historic District Designation.

5. The determination of the Heritage Commission shall be provided to property owners and occupants consistent with Section 10-1-932(B).

6. The determination of the Heritage Commission is appealable to the City Council.

H. PETITION REQUESTING HISTORIC DISTRICT DESIGNATION.

1. Within 180 days of the Heritage Commission’s, or the City Council’s action on appeal, the applicant shall submit a Petition Requesting a Historic District Designation to the Director on a form provided by the Director. The petition shall be signed by owners of at least 50 percent plus one (1) of the parcels of land in the proposed Historic District. Should the applicant fail to provide a petition with sufficient signatures within 180 days, the application shall be deemed denied and may not be re-submitted for a period of six (6) months following the date of denial.

2. A 90 day extension may be granted at the discretion of the Director. Any request for an extension must be made prior to the expiration of the initial 180 day timeframe.

3. Upon receipt of the Petition Requesting a Historic District Designation, the Director shall verify that the petition contains the required number of signatures and that all signatures are valid consistent with Section 10-1-932(D)(3).

I. MODIFICATIONS TO HISTORIC DISTRICT APPLICATION.

If at any time during the application process the applicant requests to modify the application for Historic District designation, the revised application shall be reviewed by the Director to determine if additional noticing to potentially affected residents is necessary. Revised applications may merit additional consideration by the Heritage Commission to determine if the proposed changes are consistent with eligibility determinations, require additional survey, or require additional petition signatures.

J. HERITAGE COMMISSION REVIEW AND RECOMMENDATION.

If a Petition Requesting Historic District Designation is verified to contain 50 percent plus one (1) owner approval as required under Subsection H above, the Heritage Commission shall hold a public hearing to consider the proposed application and recommend approval or denial to the City Council. Notice shall be provided to properties consistent with Section 10-1-932(B). In making its recommendation, the Commission shall determine the following:

a. Whether the proposed Historic District meets the criteria set forth in Section 10-1-930;

b. Whether the Historic Resources Survey is consistent with the Department of Interior’s standards for local surveys;

c. Whether the proposed local design guidelines, if any, are necessary and appropriate for the proposed Historic District; and

d. Identification of the contributing resources and non-contributing resources.

The Heritage Commission shall adopt a resolution stating its recommendation and incorporating its findings in support or denial of the application.

K. PLANNING COMMISSION REVIEW AND RECOMMENDATION.

Following the Heritage Commission’s consideration of the application pursuant to Subsection J above, the Planning Commission shall hold a public hearing to consider the application and recommend approval or denial to the City Council. Notice shall be provided to properties consistent with Section 10-1-932(B). In making its recommendation, the Planning Commission shall determine the following:

a. Whether the proposed Historic District meets the criteria set forth in Section 10-1-930;

b. Whether the Historic Resources Survey is consistent with the Department of Interior’s standards for local surveys;

c. Whether the proposed local design guidelines, if any, are necessary and appropriate for the proposed Historic District; and

d. Identification of the contributing resources and non-contributing resources.

The Planning Commission shall adopt a resolution stating its recommendation and incorporating its findings in support or denial of the application.

L. COUNCIL DESIGNATES DISTRICT.

Following the Planning Commission’s consideration of the application, the City Council shall hold a public hearing to consider the application to designate a Historic District. Notice shall be provided to properties consistent with Section 10-1-932(B). The Council shall make the following determinations:

a. Whether the proposed Historic District meets the criteria set forth in Section 10-1-930;

b. Whether the Historic Resources Survey is consistent with the Department of Interior’s standards for local surveys;

c. Whether the proposed local design guidelines, if any, are necessary and appropriate for the proposed Historic District; and

d. Identification of the contributing resources and non-contributing resources.

The Historic District shall be adopted by Ordinance and incorporated into the Zoning Ordinance. The Ordinance shall, at a minimum:

a. Establish the boundaries of the new Historic District;

b. Identify the contributing and non-contributing resources; and

c. Establish any necessary and appropriate local design guidelines.

If the application is approved by the City Council, the Historic District shall be added to the City’s Register of Historic Resources.

M. MODIFICATION OR DELETION OF A HISTORIC DISTRICT.

The procedures for modification or deletion of a Historic District shall follow the procedures outlined in this Section and elsewhere in the Burbank Municipal Code as applicable. [Added by Ord. No. 3826, eff. 8/17/12; Amended by Ord. No. 22-3,893, eff. 12/16/22; 13-3,844.]

10-1-933: PROCEDURES AND CRITERIA FOR ACTIONS SUBJECT TO REVIEW:

A. DESIGN GUIDELINES

The Secretary of Interior Standards for the Treatment of Historic Properties, as may be amended from time to time, are incorporated herein by this reference. These standards shall be used as design guidelines for the review of work proposed for properties within any adopted Historic District. Any local design guidelines approved by the City Council for a Historic District shall apply in addition to the Secretary of Interior Standards for the Treatment of Historic Properties.

B. REVIEW OF CONFORMING WORK.

1. The Director shall review all zoning clearances for Contributing Resources within a Historic District to determine each of the following:

a. If the proposed work is for ordinary maintenance and repair of any exterior architectural feature which does not involve a change in design, material, outward appearance, excluding changes to paint color;

b. If the proposed work is for interior renovation and/or modifications that do not adversely affect elements which form the basis for the designation of the Historic District;

c. If the proposed work is an addition, the work does not increase the height of the original structure and is not taller than the original structure, is not visible from the public right-of-way and does not adversely affect elements which form the basis for the designation of the Historic District ;

d. If any demolition is in response to a natural disaster; and

e. If the proposed work is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and any local design guidelines for the Historic District.

If the proposed work does not meet the applicable criteria, listed above, then a Permit To Alter a Contributing Resource shall be pursuant to Section 10-1-933 (C).

2. The Director shall review all zoning clearances for Non-Contributing Resources within a Historic District to determine each of the following:

a. If any exterior modifications or additions are generally consistent with the massing, size, scale, architectural features and historic character of the Historic District and do not adversely affect elements which form the basis for the designation of the Historic District; and

b. If the proposed work is for interior renovation and/or modifications and do not affect the exterior of the structure.

If the proposed work does not meet applicable criteria, listed above, then a Permit To Alter a Non-Contributing Resource shall be necessary pursuant to Section 10-1-933 (D).

3. Determinations made by the Director are appealable to the Heritage Commission.

C. REVIEW OF PERMIT TO ALTER A CONTRIBUTING RESOURCE.

1. Work on a Contributing Resource that is not specified in Section 10-1-933(B)(1) is considered non-conforming work.

2. All non-conforming work to a Contributing Resource shall require a Permit to Alter a Contributing Resource.

3. An application for a Permit to Alter a Contributing Resource shall be filed with the Director. The application shall be made in writing in a manner deemed appropriate by the Director. The Director may require the applicant to submit such additional information and materials as may be necessary for a complete review of the application by the Heritage Commission. An application fee may be required if specified in the City of Burbank Fee Resolution.

4. The Heritage Commission shall consider the application for a Permit to Alter a Contributing Resource at a public meeting. The Commission shall not approve the application unless the project complies with the Secretary of the Interior’s Standard for the Treatment of Historic Properties and any local design guidelines. The Commission shall also find that the work shall not adversely affect elements which form the basis for the designation of the Historic District.

5. Determinations made by the Heritage Commission are appealable to the City Council.

D. REVIEW OF PERMIT TO ALTER A NON-CONTRIBUTING RESOURCE.

1. Work on a Non-Contributing Resource other than that specified in Section 10-1-933(B)(2) is considered non-conforming work.

2. All non-conforming work to a Non-Contributing resource shall require a Permit to Alter a Non-Contributing Resource.

3. An application for a Permit to Alter a Non-Contributing Resource shall be filed with the Director. The application shall be made in writing in a manner deemed appropriate by the Director. The Director may require the applicant to submit such additional information and materials as may be necessary for a complete review of the application by the Heritage Commission. An application fee may be required if specified in the Fee Resolution.

4. The Heritage Commission shall consider the application for a Permit to Alter a Non-Contributing Resource at a public meeting. The Commission shall not approve the application unless the project complies with any design guidelines applicable to Non-Contributing Resources and the following findings:

a. The design of new construction shall subtly differentiate the new construction from the surrounding historic built fabric, and shall be contextually compatible with the massing, size, scale, and architectural features of nearby structures in the Historic District; and

b. the work shall not adversely affect elements which form the basis for the designation of the Historic District.

5. Determinations made by the Heritage Commission are appealable to the City Council.

E. EXEMPTIONS TO REQUIREMENT FOR PERMIT TO A CONTRIBUTING OR NON-CONTRIBUTING RESOURCE.

1. Prior Designation.

A Designated Historic Resource within a Historic District shall be subject to the requirements for a Permit to Alter a Historic Resource in Section 10-1-928(B), unless the proposed improvement is exempted from the requirement pursuant to Section 10-1-928(C).

2. Public Health and Safety.

A Permit to Alter a Contributing or Non-Contributing Resource is not required for construction, reconstruction, alteration, restoration, or demolition that the Building Official certifies is required to protect public health or safety because of an unsafe or dangerous condition.

3. Economic Hardship

The owner of a property within a Historic District may request to be exempted from the permit requirement and carry out work that may adversely affect the value or significance of the Historic District on the basis of extreme financial hardship or adversity. Such request shall be submitted by the owner and considered by the Heritage Commission (and City Council if appealed) in the same manner as an application for a Permit to Alter a Contributing or Non-Contributing Resource. The Director may require the owner to furnish material evidence supporting the request for exemption.

4. The Heritage Commission, and City Council if appealed, shall approve the request for an exemption only if all of the following findings are made:

a. Requiring the owner to obtain a permit, or preventing the owner from carrying out the requested work, would deprive the owner of all reasonable use of, or economic return on, the property.

b. Requiring the owner to obtain a permit or preventing the owner from carrying out the request work would cause an immediate hardship because of conditions unique to the property.

c. The damage to the owner would be unreasonable in comparison to the benefit conferred to the community by maintaining the overall aesthetic of the Historic District. [Added by Ord. No. 3826, eff. 8/17/12.]

10-1-934: DUTY TO MAINTAIN STRUCTURES AND PREMISES:

The owner, lessees, and any other responsible persons shall take all steps necessary to maintain properties within the Historic District in good condition and to prevent any deterioration or decay that would adversely affect the value, integrity or elements, which form the basis of the Historic District. Failure to maintain properties within the Historic District in accordance with this Section is a violation of the Burbank Municipal Code, and shall constitute a nuisance. [Added by Ord. No. 3826, eff. 8/17/12.]

10-1-935: HISTORIC PRESERVATION INCENTIVES:

A. PURPOSE.

The purpose of this Section is to implement the Mills Act which is set forth in California Government Code Sections 50280 et seq., and California and Revenue Code Section 1161, and as those sections may be amended from time to time (hereafter collectively, the “Mills Act”) in order to establish a process to enter into contracts with owners of property that has previously been designated as a qualified historic, as defined in the Mills Act, for property tax relief and for the preservation of those historic properties. The City has imposed a limit of three (3) Mills Act contracts per year or a limit on the estimated unrealized property tax revenue loss at $30,000 per year; however, the Council may waive the limitation in any specific case or Council may make a contract effective the following year.

B. APPLICATION REQUIREMENTS.

1. Application. A property owner shall complete an application form provided by the Director. The application shall include, but not be limited to, the following: a) Historic Property Description; b) detailed proposed preservation work plan narrative which describes the improvements, maintenance and preservation over the life of the contract (which may be Exhibit B to the contract); c) grant deed (with legal description of property which may be Exhibit A to the contract) and property ownership statement; d) Historic Property Inspection report confirming how the work plan is consistent with the historic designation; e) estimated property tax savings; f) estimated cost of improvements and estimated timing for completion of improvements (which also may be used as Exhibit C to the contract); g) photographs of property. The Director may set deadlines for submittal of applications in order to provide the County Assessor’s Office with ample time to process the contract. In the event prioritization ranking is necessary, the Director reserves the right to create such procedures.

2. Fees. The City may charge a fee to recoup all Mills Act contract processing and administrative costs if specified in the Burbank Fee Resolution or if specified in any Mills Act contract.

3. City Review and Heritage Commission recommendation. Once the application is complete, the Director shall, after providing the property owner with at least 15 days notice, request the Heritage Commission to review the application, and to make recommendations to the City Council on the merits of the proposed application. The Commission may propose modifications to the work plan as it deems necessary.

4. City Council Action. The Director shall request Council consideration of the Mills Act contract, after providing the property owner with at least 15 days notice. Council may in its sole and absolute discretion authorize the Director’s execution of the Mills Act contract.

C. PROVISIONS IN MILLS ACT CONTRACTS.

1. The required provisions of a Mills Act contract between the City and the property owner shall be those specifically required by the Mills Act, as well as any other requests by the City Council, which may include the following:

a. Term: The term of the contract shall be a minimum of ten (10) years. On the anniversary date of the contract, or such other date as specified in the contract, a year shall be automatically added to the initial term of the contract unless a notice of nonrenewal is given to the owner at least 60 days prior to the renewal date. In the event the property owner chooses to terminate the contract, then the property owner shall provide the Director with a notice of nonrenewal at least 90 days prior to the renewal date.

b. Verification of Compliance with Work Plan. The owner will agree to permit periodic examination of the interior (if applicable) and exterior of the property, as may be necessary to verify the owner’s compliance with the contract. Owner will agree to allow City to photograph the historic property. Owner further will agree to provide any information requested to ensure compliance with the contract. The City is not obligated to inspect, and annual self certification of compliance may be required as provided for in Subsection (D).

c. Recordation of Contract. The contract shall be recorded by the Los Angeles County Recorder’s office and shall be binding on all successors-in-interest of the owner. The City Clerk shall record the contract, at applicant’s cost, no later than 20 days after the City enters into the contract.

d. Notice to State. The Owner shall provide written notice of the contract to the State of California Office of Historic Preservation within six (6) months of entering into the contract.

e. Annual Report Required. The contract shall require the owner to file an annual report, on its progress of implementing the work plan or restoration or rehabilitation with the Director until the work has been completed to the satisfaction of the Director. Thereafter, during the term of the contract, on an annual basis, the owner shall provide a report on the maintenance of the property, which report may require documentation of the owner’s expenditures and actions taken to maintain the qualified historic property.

f. Cancellation of Contracts. The contract shall expressly provide for the City’s authority to cancel the contract if the City determines that the owner has breached the contract either by their failure to restore or rehabilitate the property in accordance with the approved plan; by the failure to maintain the property as restored or rehabilitated; or if the owner has allowed its property to deteriorate to the point that it no longer meets the standards for a qualified historic property. No contract can be cancelled until the Council has given notice of, and held a public hearing on, the matter. Notice shall be mailed to the owner and published at least once in a newspaper of general circulation in accordance with the Mills Act.

g. Alternative to Cancellation if breach. As an alternative to cancellation, the City may bring an action for specific performance or other action necessary to enforce the contract.

h. Cancellation Fee. The contract may also reiterate the Mills Act requirement of a cancellation fee. If the City cancels the contract, the owner shall pay the State of California a cancellation fee of 12.5 percent of the current market value of the property, as determined by the county assessor as though the property was free of the contractual restriction.

i. Force Majeure Cancellations. The contract may require that in the event preservation, rehabilitation, or restoration of the qualified historic property becomes infeasible due to damage caused by natural disaster (e.g., earthquake, fire, flood, etc.), the City may cancel the contract without requiring the owner to pay the State of California the above-referenced cancellation fee as a penalty subject to concurrence by the County Assessor. However, in this event, a contract may not be cancelled by the City unless the City determines, after consultation with the State of California Office of Historic Preservation, in compliance with Public Resources Code Section 5028, that preservation, rehabilitation, or restoration is infeasible.

j. Work Plan Amendments including Improvements or Schedule. The contract may provide that modifications to the approved work plan require review and approval by the Heritage Commission.

D. MILLS ACT CONTRACT.

The Director and the City Attorney shall prepare and maintain a current Mills Act contract with all required provisions specified by state law and this section. [Added by Ord. No. 3381, eff. 10/15/94; Formerly Numbered Section 10-1-931; Formerly Numbered Section 10-1-930 and Amended by Ord. No. 3826, eff. 8/17/12; 3812.]

DIVISION 7. HISTORIC SIGN REGULATIONS

10-1-936: PURPOSE:

The Historic Sign Regulations are intended to provide for the preservation of Burbank’s unique character, history, and identity, as reflected in its historic and iconic signs. The regulations will encourage property owners to preserve the unique signage and provide a clear process for modifying historic signs to meet the contemporary needs of property owners. [Added by Ord. No. 16-3,879, eff. 6/24/16.]

10-1-937: HISTORIC SIGNS:

[Added by Ord. No. 16-3,879, eff. 6/24/16.]

10-1-938: CRITERIA FOR DESIGNATION OF HISTORIC SIGNS:

Prior to any sign being designated as a Historic Sign the City Council shall find that the Historic Sign satisfies one or more of the following criteria:

A. Is associated with events that have made a significant contribution to the broad patterns of Burbank’s or California’s history and cultural heritage.

B. Is associated with the lives of persons important in the past.

C. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.

D. Has yielded, or may be likely to yield, information important in prehistory or history.

E. The sign exemplifies the cultural, economic, and historic heritage of Burbank.

F. The sign exhibits extraordinary aesthetic quality, creativity, and innovation. [Added by Ord. No. 16-3,879, eff. 6/24/16.]

10-1-939: PROCEDURE FOR DESIGNATION OF HISTORIC SIGNS:

A. APPLICATION FOR DESIGNATION.

Applications for designation may be submitted by any member of the public or the sign owner and supported by an Historic Sign Treatment Plan. If an application for designation is submitted by a member of the public, the Director must obtain the written consent of the sign owner in order to continue processing the application for designation. Such application shall be made in writing, in a form deemed appropriate by the Director. The application shall include the owner’s consent to the designation and agreement to abide by the requirements of this Division through the execution of a covenant. The Director may require the owner to submit information regarding the historic significance of the potentially historic sign including but not limited to photographs, plans, deeds, and any other materials that may provide information regarding the potentially historic sign. An application fee may be required if so specified in the Fee Resolution.

1. The application for designation as a Historic Sign shall include a Historic Sign Treatment Plan. The Historic Sign Treatment Plan will include the following (but is not limited to):

a. Description of the Historic Sign, including current address, original address (if different), date of original construction and installation, sign type, original materials, text, and type of illumination (if known).

b. Historic documentation, including approved permits, site plans, elevations, and dated photographs, as available.

c. Current photos of the Historic Sign, including views of all visible elevations as well as contextual images of the property as a whole.

d. Narrative statement of significance against Burbank’s local designation criteria.

e. List of character-defining features.

f. Existing and proposed elevation drawings of the Historic Sign, drawn to scale, showing height, width, depth, and area.

g. Dimensioned site plan, with the existing and proposed land use, graphically showing existing and proposed location and setbacks for the proposed Historic Sign and any other existing or proposed signs on the premises, and existing and proposed site improvements.

h. A list of specific treatments for character-defining features, lists of materials and/or parts to be replaced, and recurring maintenance items.

i. Photo simulations of the completed sign as viewed from the street and other significant vantage points, as appropriate.

j. Where an applicant produces physical evidence or documentation sufficient to prove that a proposed Historic Sign included intermittent lighting features (e.g. flashing, blinking, chasing or sequentially lit elements which create the appearance of movement) or moving parts, such sign elements may be repaired or restored conditioned upon a determination by the City that no negative safety issues will result.

B. HERITAGE COMMISSION REVIEW AND RECOMMENDATION.

Applications for approval of Historic Signs shall be reviewed by the Heritage Commission at a public meeting. The Commission shall determine whether the sign meets one or more of the criteria for approval as a Historic Sign and, based on this determination, shall recommend to the City Council that the application be approved or denied. The Heritage Commission shall adopt a resolution stating its recommendation, focusing on the criteria set forth in Section 10-1-938, and incorporating its reasons in support or denial of the application.

C. CITY COUNCIL DESIGNATES THE HISTORIC SIGN.

Following the Heritage Commission’s consideration of the application, the City Council shall hold a public hearing to consider the application. The applicant shall be provided with at least 15 business days notice of the hearing date. Following the public hearing, the City Council shall adopt a resolution to approve or deny the application based on the criteria specified in Section 10-1-938.

D. COVENANT TO BE RECORDED.

E. REMOVAL OF HISTORIC DESIGNATION.

Should the property owner wish to remove the Historic Designation, the designation may be removed by Heritage Commission provided the two findings can be made. These findings include:

1. An attempt has been made to find a suitable donee for the sign.

2. No suitable donee site was able to be found and there are no other economically feasible means to preserve the sign. [Added by Ord. No. 16-3,879, eff. 6/24/16.]

10-1-940: PROCEDURES AND CRITERIA FOR ACTIONS SUBJECT TO REVIEW:

A. PERMIT REQUIRED.

No person shall demolish, construct, move, change the appearance of or make alterations to any Historic Sign without first obtaining a Permit to Alter a Designated Historic Resource pursuant to the procedure set forth in section 10-1-928. [Added by Ord. No. 16-3,879, eff. 6/24/16.]

10-1-941: HISTORIC SIGN DEVELOPMENT STANDARDS:

Historic Signs shall comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Historic Signs shall also comply with the following requirements as applicable.

A. RESTORATION AND OR REPAIR OF HISTORIC SIGNS.

1. Restoration and or repair of an Intact or nearly intact Historic Signs shall be consistent with a documented appearance that existed during its Period of Significance.

2. Restoration and or repair shall not add typographical or other elements which result in an increase in the size of the restored and or repaired sign.

B. ADAPTIVE REUSE (CHANGE OF COPY) OF HISTORIC SIGNS.

1. Text changes shall not result in changes to character defining features.

2. Text changes shall match or be compatible with existing text in material(s), letter size, font/typography, and color.

3. The sign shall use materials and technology representative of its period of construction.

4. The sign shall be structurally safe or can be made safe without substantially altering its historical appearance.

C. RELOCATION OF HISTORIC SIGNS.

1. Relocation of a Historic sign off site is discouraged unless it is technologically impractical or otherwise infeasible to maintain the Historic Sign in the original location. The burden of proof is upon the applicant and shall be to the satisfaction of the Heritage Commission.

2. Relocation of a Historic Sign shall be to a location within the original premises, or to a location deemed appropriate by the Heritage Commission.

3. If relocated to another premise, the Historic Sign shall display conspicuous text or a plaque, using a template provided by the Director, that indicates that the sign has been relocated, the date of relocation, and the original location.

D. REPLICA HISTORIC SIGNS.

1. A replica Historic Sign may only be installed on the premises where it originally existed.

2. A replica Historic Sign shall be consistent with a documented appearance that existed prior to its Period of Significance.

3. A replica Historic Sign shall utilize historical materials and technologies, or visually matching contemporary materials and technologies.

4. A replica Historic Sign shall display conspicuous text or a plaque, using a template provided by the city of Burbank, which indicates the sign is a contemporary reproduction, and the date of reproduction.

5. A replica Historic Sign shall not replicate an existing sign.

6. A replica Historic Sign shall not be a billboard sign as defined in 10-1-502.

7. Adaptive reuse of a replica Historic Sign is prohibited. [Added by Ord. No. 16-3,879, eff. 6/24/16.]

10-1-942: DUTY TO MAINTAIN STRUCTURES AND PREMISES:

The owner, lessees, and any other responsible persons shall take all steps necessary to maintain the Historic Sign in good condition and to prevent any deterioration or decay that would adversely affect the value or integrity of the Historic Sign. Failure to maintain the Historic Sign in accordance with this Section is a violation of the Burbank Municipal Code and is subject to prosecution.

A. DEMOLITION.

Demolition of a Historic Sign is only allowed upon approval of a Permit to Alter a Designated Historic Resource or an approved treatment plan. Demolition of a Historic Sign shall be consistent with an approved treatment plan for relocation, or subject to a maximum thirty (30) business day waiting period to facilitate salvage of the sign. The sign owner shall allow reasonable access to the sign to facilitate documentation and salvage activities. A Permit to Alter a Designated Historic Resource is not required for construction, reconstruction, alteration, restoration or demolition that the Building Official certifies is required to protect public health or safety because of an unsafe or dangerous condition. [Added by Ord. No. 16-3,879, eff. 6/24/16.]

10-1-943: HISTORIC SIGN PRESERVATION INCENTIVES:

A. The purpose of this Section is to provide tangible incentives to property owners to designate historic and iconic signs that are reflective of the unique character, history, and identity of Burbank, and emphasizes that such resources should be altered only as necessary to meet contemporary needs.

B. INCENTIVES PROVIDED TO HISTORIC SIGNS.

1. All Building Permit fees are waived for any work related to the preservation, maintenance or restoration of the Historic Sign.

2. An applicant may request deferral of payment of Building Permit fees for any property with a Historic Sign from the Director.

3. All Building Permit fees associated with a sign, for a property with a Historic Sign shall be reduced by ten percent, with a maximum fiscal year cap of $5,000 per property.

4. The maximum allowed sign area for a property with a Historic Sign shall be increased by ten percent.

5. The square footage of a Historic Sign does not count towards the maximum allowable signage allowed on a property. However, for properties with Historic Signs, proposed new signage must be reviewed by the Community Development Department to determine that it will not detrimentally affect the historic integrity of the Historic Sign and must otherwise comply with all other applicable development standards. [Added by Ord. No. 16-3,879, eff. 6/24/16.]

State law reference: As to airport approaches zoning law in general, see Gov. C. Sections 50485-50485.14. As to authority to adopt, administer and enforce airport zoning regulations, see Gov. C. Section 50485.3. As to policy of state legislature toward airport zoning, see Gov. C. Section 50485.2. As to the incorporation of airport zoning regulations into comprehensive Zoning Ordinance regulating height of buildings, etc., see Gov. C. Section 50485.4. As to the requirement of reasonableness, see Gov. C. Section 50485.7. As to administration and enforcement of airport zoning regulations, see Gov. C. Section 50485.9. As to conflict between airport zoning plan and general zoning plan, see Gov. C. Section 50485.4.