ARTICLE 26. MAGNOLIA PARK COMMERCIAL ZONES

DIVISION 1. MAGNOLIA PARK COMMERCIAL RETAIL - PROFESSIONAL (MPC-1) ZONE AND MAGNOLIA PARK LIMITED BUSINESS (MPC-2) ZONE

10-1-2601: PURPOSE:

A. MPC-1 Zone.

The Magnolia Park Commercial Retail-Professional (MPC-1) Zone is intended for commercial, retail, and office uses geared towards a pedestrian-oriented village concept, including an allowance for residential uses above commercial uses on the same property.

B. MPC-2 Zone.

The Magnolia Park Limited Business (MPC-2) Zone is intended for the development of commercial uses that rely on both arterial traffic and the adjacent residential areas for patronage and for offices and mixed-use residential projects that support the larger community. [Added by Ord. No. 3502, eff. 12/26/98.]

10-1-2601.5: GENERAL PLAN CONSISTENCY:

In the MPC-1 and MPC-2 Zones, 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.]

10-1-2602: USES IN THE MPC-1 AND MPC-2 ZONES:

In the MPC-1 and MPC-2 Zones, uses are allowed as set forth in Section 10-1-502 of this Code. [Added by Ord. No. 3502, eff. 12/26/98.]

10-1-2603: PROPERTY DEVELOPMENT STANDARDS:

The following property development standards shall apply in the MPC-1 and MPC-2 Zones, except as noted:

A. STRUCTURE HEIGHT.

1. The maximum height of any structure shall be 27 feet from grade; except that at distances of less than 25 feet from a residential (or entirely residential Planned Development) lot line, no part of the structure, including roof and/or architectural features, shall exceed one (1) foot in height for each one (1) foot of distance.

2. If the structure is 25 or more feet from a residential (or entirely residential Planned Development) lot line, roof and architectural features may exceed the maximum height, up to 35 feet, if a 45 degree angle, as depicted in Diagram No. 1 in Section 10-1-705 is maintained.

3. Structure height shall be measured from grade as defined by this chapter.

4. Maximum building height shall be measured to the ceiling height of the highest room permitted for human occupancy.

5. By Conditional Use Permit, or by Planned Development if the structure is higher than 35 feet, the following stair-step height standard may be applied to the development of a structure located on any of the four (4) corner sites at the intersection of Magnolia Boulevard and Hollywood Way:

DISTANCE FROM RESIDENTIAL LOT LINE (OR ENTIRELY RESIDENTIAL PD ZONE	MAXIMUM HEIGHT
(i) 0 - 25 feet	1 foot per 1 foot distance (for any part of the structure)
(ii) 25 - 50 feet	25 feet (roof and architectural features may exceed the maximum height, up to 15 additional feet, if a 45 degree angle, as depicted in Diagram No. 1 in Section 10-1-705, is maintained)
(iii) 50 - 150 feet	35 feet (roof and architectural features may exceed the maximum height, up to 15 additional feet, if a 45 degree angle, as depicted in Diagram No. 1 in Section 10-1-705, is maintained)
(iv) over 150 feet	50 feet, if pursuant to a Planned Development (roof and architectural features may exceed the maximum height, up to 15 additional feet, if a 45 degree angle, as depicted in Diagram No. 1 in Section 10-1-705, is maintained)

B. OPEN SPACE.

1. Distance Requirements

Each lot that abuts or is adjacent to an R-1 or R-2 lot shall provide an open space area not less than 20 feet wide along the abutting or adjacent property line. Lots abutting R-3 or R-4 lots shall provide a minimum of ten (10) feet of open space along the property line.

2. Determination of Open Space

The open space area shall be measured from the residential lot line to the commercial structure. Public rights-of-way may be included within the calculation of such area.

3. Landscaping of Open Space

When the commercial property abuts or is adjacent to R-1 or R-2 property, a five (5) foot strip of the open space nearest to the residential property shall be landscaped, unless a public street or alley is utilized in the calculation of the open space. The landscaping is intended to provide screening between the different zones.

4. Parking Allowed in Open Space

Where the commercial property abuts an R-3 or R-4 property, the entire open space area may be utilized for surface parking.

C. BUILDING PLACEMENT AND ORIENTATION.

1. Build-to Line

The ground levels of all structures shall be built at the front property lines for a minimum of 80 percent of the linear frontage of the property within the MPC-1 Zone, and for a minimum of 80 percent of the linear frontage of the structure in the MPC-2 Zone. This requirement is intended to allow design flexibility, while at the same time promoting pedestrian activity by maintaining streetscape continuity. This requirement shall not apply where open-air restaurants are located between the building face and the front or side-street property line.

2. Orientation to Sidewalk

All structures and businesses therein, shall have a primary access way from the front sidewalk, except in multi-use buildings or where accesses to businesses are from a paseo or other such internal passageway.

3. Visibility

A minimum of 50 percent of the ground floor facade facing the front sidewalk shall be constructed of glass or other material that permits the interior of the business to be visible from a height of three (3) feet above the level of the adjacent sidewalk.

4. Parking Areas

Surface parking areas in the MPC-1 Zone shall be located behind the commercial structure and accessed solely from the adjacent side street or rear alley. In the MPC-2 Zone, surface parking areas may be located adjacent to and accessed from Hollywood Way if alternate access is not available; in which case, landscaping and walls shall be provided in accordance with other applicable code sections.

The design of parking structures shall follow the same standards and guidelines as are applicable to other structures. In the MPC-1 Zone, the ground-floor frontage of the parking structure shall be utilized for retail or other permitted uses, and shall have direct access to the sidewalk. While the incorporation of pedestrian-oriented uses on the ground level of a parking structure adjacent to the sidewalk is also encouraged in the MPC-2 Zone, such enclosed building space may be utilized for parking; in such case, the requirement to provide visibility to the inside of the building from the sidewalk shall not apply. In both zones, parked vehicles shall be screened from public view.

In the MPC-1 Zone, vehicular access to parking structures shall be solely from the adjacent side street or rear alley. In the MPC-2 Zone, direct vehicular access from Hollywood Way to a parking structure shall be permitted only if the Traffic Engineer determines that other vehicular access is infeasible.

D. CENTRAL MAGNOLIA PARK PARKING AREA (MPC-1).

Within the MPC-1 Zone, required off-street parking spaces may be provided through one (1) or a combination of the following methods:

1. Provide the spaces on the same property as the use for which it is required.

2. Off-street parking spaces that are not required by other uses may be utilized in accordance with Article 14, Division 3 of this Chapter (location of parking areas).

3. Off-street parking spaces located on a single parcel may be shared between two (2) or more uses occupying that same parcel, or between uses on two (2) or more parcels; provided that:

a. A parking study prepared by a licensed traffic engineer, and approved by the City Planner, is submitted which finds that (i) the uses which are proposed to be served by the parking have traffic-generation characteristics that justify the expectation that adequate parking will be available; or (ii) that the characteristics and proximities of the businesses are such that multiple-destination trips would be expected to occur, which would reduce the number of spaces required; and,

b. All parties to a shared parking arrangement granted under this section, shall enter into a covenant with the City which shall be recorded in the Office of the County Recorder. This covenant shall bind this parking arrangement until such time that it can be demonstrated, to the satisfaction of the City Planner, that other off-street parking has been provided in compliance with the Burbank Municipal Code requirements, or that the use that necessitated the arrangement has ceased or has been altered so as to no longer require the recorded off-street parking.

4. By Administrative Use Permit, the Director of Community Development may allow a reduction in the minimum off-street parking space requirement of a business located within the MPC-1 Zone, based upon a study that proves to the satisfaction of the Director (or the Planning Commission or the City Council, if appealed) that the demand for parking generated by the subject use can be accommodated by the existing supply of available parking within the zone. Restaurants up to 2,000 square feet in size may have their parking requirement reduced per Section 10-1-1408.

5. Restaurants providing valet parking at no charge to customers may provide required off-street parking spaces within a 300 foot radius of the site, upon demonstrating to the satisfaction of the City Planner that such off-site parking is available during the restaurant’s business hours.

E. BUILDING DESIGN.

The following guidelines are intended to encourage and reinforce the pedestrian orientation of the commercial streets through the establishment of a “traditional” relationship of storefronts to the street. Some of the following building design provisions are requirements and some are only voluntary guidelines. A “traditional” pedestrian-oriented architectural form includes the following:

1. Storefronts

In additional to the other building design requirements of this section which are intended to strengthen and reinforce the pedestrian-oriented qualities of the area (i.e., transparency, build-to line, height, and access), all new development shall incorporate the use of canopies and/or awnings into the design of the storefront elevation.

Various other design features are encouraged to be used to achieve a pedestrian-oriented development, including: the modest use of architectural ornamentation, such as decorative cornices, belt molding, and contrast banding; a simple parapet roof type; the placement of signage at the pedestrian level; recessing the building entryway; and incorporating a bulkhead with tile or other decorative or enhanced materials into the building design.

2. Building Style, Materials and Colors

The style and texture of new buildings are encouraged to be consistent with the guidelines included in the Magnolia Park Study, and to be compatible with surrounding buildings through the use of the predominant materials found in the area. Materials such as slump stone, board and batten, wood or composition shingles, and expanded metal screening, which have been added to some of the older buildings in the area, are not encouraged in new construction.

In general, it is encouraged that colors recall natural materials (e.g., brick, stone) and be generally subdued. The use of simple color schemes involving a maximum of three colors is recommended, as is the use of monochromatic and complementary accent and trim colors. The use of bold primary colors (pure reds, yellows, blues) is not recommended for building facades except for accent elements, and bright or garish colors should not be used in any application.

3. Building Access and Circulation

The sidewalk entry to all new buildings shall be designed to provide a direct and convenient access to all ground level uses, and shall include a recessed area to provide a small transitional space from the sidewalk to the business.

The incorporation of pedestrian pass-throughs, or paseos, is encouraged as a means of providing areas where outdoor pedestrian activities may occur, and for direct access to the street from rear parking areas. Larger projects are encouraged to include small court spaces, plazas, fountains and landscape features, and other common spaces.

F. ADDITIONAL STANDARDS.

The standards contained in Articles 11 through 16 of this Chapter also apply to the MPC-1 and MPC-2 zones. In the event of any conflict between the requirements contained in Articles 11 through 16 and the other requirements of this Section, the requirements of this Section rule.

G. Mixed-Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

2. Multifamily residential-only developments allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 6, Division 3.5 of this Code, commencing with Section 10-1-621. [Added by Ord. No. 3502, eff. 12/26/98; amended by Ord. No. 23-3,996, eff. 7/7/23; 23-3,994; 22-3,983; 15-3,860, 3776, 3716.]

10-1-2604: DEVELOPMENT REVIEW:

Unless specifically exempted by Section 10-1-1914 of this Code, no structure shall be erected on any lot in the MPC-1 and MPC-2 Zones, 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 for 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. 3502, eff. 12/26/98.]

DIVISION 2. MAGNOLIA PARK GENERAL BUSINESS (MPC-3) ZONE

10-1-2611: PURPOSE:

The Magnolia Park General Business (MPC-3) Zone is intended for general commercial uses that provide goods and services to the surrounding residential areas, and for office and mixed-use complexes that are compatible with adjacent land uses. [Added by Ord. No. 3502, eff. 12/26/98.]

10-1-2611.5: GENERAL PLAN CONSISTENCY:

In the MPC-3 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.]

10-1-2612: USES IN THE MPC-3 ZONE:

In the MPC-3 Zone, uses are allowed as set forth in Section 10-1-502 of this Code. [Added by Ord. No. 3502, eff. 12/26/98.]

10-1-2613: PROPERTY DEVELOPMENT STANDARDS:

The following property development standards shall apply in the MPC-3 Zone:

A. STRUCTURE HEIGHT.

1. The maximum height of any structure shall be 27 feet from grade; except that at distances of less than 25 feet from a residential (or entirely residential PD) lot line, no part of the structure, including roof and/or architectural features, shall exceed one (1) foot in height for each one (1) foot of distance.

3. Structure height shall be measured from grade as defined by this chapter.

4. The maximum height of a building shall be measured to the ceiling height of the highest room permitted for human occupancy.

B. OPEN SPACE.

1. Distance Requirements

2. Determination of Open Space

The open space area shall be measured from the residential lot line to the commercial structure. Public streets and alleys may be included within the calculation of such area.

3. Landscaping of Open Space

4. Parking Allowed in Open Space

Where the commercial property abuts an R-3 or R-4 property, the entire open space area may be utilized for parking.

C. BUILDING PLACEMENT AND ORIENTATION.

1. Build-to Line

The ground levels of all structures shall be built at the front property lines for a minimum of 80 percent of the linear frontage of the structure. This requirement is intended to allow design flexibility, while at the same time promote pedestrian activity by maintaining continuity of the streetscape. This requirement shall not apply where open-air restaurants are located between the building face and the front or side-street property line.

2. Orientation to Sidewalk

All structures and businesses therein, are encouraged to have a primary access way from the front sidewalk, except in multi-use buildings or where accesses to businesses may be from a paseo or other such internal passageway.

3. Visibility

4. Parking Areas

Surface parking areas shall not be located between an arterial street and the building that it serves. Where surface parking areas are located at the side of the building, and adjacent to a sidewalk, landscaping and walls shall be provided in accordance with Article 14, Division 4 of this Chapter.

The design of parking structures shall follow the same standards and guidelines as are applicable to other structures. While the incorporation of pedestrian-oriented uses on the ground level of a parking structure adjacent to the sidewalk are encouraged, such enclosed building space may be utilized for parking; in such case, the requirement to provide visibility to the inside of the building from the sidewalk shall not apply. Additionally, all vehicles parked within structures shall be screened from public view.

D. BUILDING DESIGN.

The following design guidelines, along with the requirements of this section pertaining to building placement, are intended to encourage and reinforce the pedestrian nature of the commercial street, and to ensure that automobile-accessed structures do not detract from the pedestrian-friendly orientation of the area. All of the following provisions are only voluntary guidelines.

1. Storefronts

In addition to the other building design requirements of this section which are intended to strengthen and reinforce the pedestrian-oriented qualities of the area (i.e., transparency, build-to line, height, and access), other design features may be used to achieve a pedestrian-oriented development, including: the use of awnings and canopies that are consistent with the building design; the modest use of architectural ornamentation, such as decorative cornices, belt molding, and contrast banding; a simple parapet roof type; the placement of signage at the pedestrian level; recessing the building entryway; and incorporating a bulkhead with tile or other decorative or enhanced materials into the building design.

2. Building Style, Materials and Colors

In general, colors should recall natural materials (e.g., brick, stone) and be generally subdued. The use of simple color schemes involving a maximum of three (3) colors is recommended, as is the use of monochromatic and complementary accent and trim colors. The use of bold primary colors (pure reds, yellows, blues) are not recommended for building facades except for accent elements, and bright or garish colors are discouraged in any application.

3. Building Access and Circulation

Building entries shall be designed to provide convenient access to ground floor businesses from the adjacent sidewalk. The incorporation of pedestrian pass-throughs, or “paseos”, is encouraged as a means of providing areas where outdoor pedestrian activities may occur, and for direct access to the street from rear parking areas. Larger projects are encouraged to include small court spaces, plazas, fountains and landscape features, and other common spaces.

E. ADDITIONAL STANDARDS.

The standards contained in Articles 11 through 16 of this Chapter also apply to the MPC-3 Zone. In the event of any conflict between the requirements contained in Articles 11 through 16 and the other requirements of this Section, the requirements of this Section rule.

F. Mixed-Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

10-1-2614: DEVELOPMENT REVIEW:

Unless specifically exempted by Section 10-1-1914 of this Code, no structure shall be erected on any lot in the MPC-3 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 for 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. 3502, eff. 12/26/98.]

DIVISION 3.

[Deleted by Ord. No. 3700, eff. 9/2/06; Added by Ord. No. 3502, eff. 12/26/98.]