Burbank Municipal Code Div. 1 Introduction

A. Purpose: The purpose of the North San Fernando Commercial Zone is to facilitate the implementation of a Vision and Master Plan that was developed for the segment of North San Fernando Boulevard between Interstate 5 and Burbank Boulevard. New development standards were needed for this area because the zoning standards under the previous zone (C-3 Commercial Zone) would not allow property owners to fully implement the Vision and Master Plan. The Vision and Master Plan call for the creation of an attractive commercial and mixed-use corridor that encourages walking, bicycling, and public transit.

B. Intent: The North San Fernando Commercial Zone is intended to ensure that new development results in high-quality architecture, encourages pedestrian activity, and provides appropriate transitions in scale and use between North San Fernando Boulevard and the adjacent residential neighborhoods. These standards are also intended to accommodate many types of commercial, mixed-use, live-work and residential developments within the area, and to facilitate economic development along the primary commercial corridor linking the Empire Center to the Burbank Town Center and Downtown Burbank.

C. Applicability: The provisions of this Article shall apply to projects within the North San Fernando Commercial Zone based on the conditions noted below:

1. New Buildings and Site Improvements: When a new building is proposed, all areas of the property that are modified or demolished to accommodate the new building (including related site features) shall be constructed/reconstructed in compliance with the applicable provisions of this Article. Other areas that are not impacted by the new construction project, including existing buildings, signs, parking facilities, and other site features, may stay in place without modification and do not have to be upgraded or improved to comply with the provisions of this Article.

2. Improvements to Nonconforming land, Uses and Structures: Within the North San Fernando Commercial Zone, there are lots, structures, and uses of land and structures that were lawfully established before the adoption of this Article, but which do not comply with the provisions of this Article. These structures and uses are classified as legal nonconforming structures and uses. Improvements, modifications, and expansions to legal non-conforming structures and uses shall be regulated in accordance with Article 18 (Nonconforming Land, Uses and Structures).

A. Development Review: Unless specifically exempted by Section 10-1-1914 of this Code, no structure shall be erected in the North San Fernando Commercial Zone, nor shall any permits related thereto be issued until an application for Development Review has been submitted to and approved by the Community Development Director, as provided in Division 2, Article 19 of Burbank Zoning Ordinance. These permits include, but are not limited to, site preparation permits (such as demolition permits and grading permits).

B. Terms: Within this article, various terms are used to denote mandatory standards that must be implemented. When mandatory, the terms “shall”, “required”, and “prohibited” are used. Projects that do not comply with all applicable mandatory standards shall be denied by the Community Development Director. Some terms and phrases, such as “may” or “allowed” are used to describe optional solutions or design elements that are not required, but may be used. Other terms denote discretionary guidelines, such as “should”, “encouraged”, and “discouraged”. If the Community Development Director determines that a project does not comply with an applicable discretionary guideline, they may:

1. Approve the application with conditions to address the guideline or the purpose and intent of the guideline.

2. Approve the application by finding that the discretionary guideline is not applicable and/or its implementation is not required to create a high quality project that meets the overall intent and purpose of this Article.

C. The following sections of the Burbank Zoning Ordinance shall not apply to the North San Fernando Boulevard Zone:

1. 10-1-1103: Lot to Have Frontage

2. 10-1-1303: Corner Cutoff

3. 10-1-1113.1: Commercial and Industrial Design Standards

4. Division 4, Multiple Family Residential Zones

5. 10-1-1408: Parking Requirements: Spaces Required: Residential Uses

6. 10-1-1417.1: Improvement of Parking Areas: Setbacks and Walls

7. 10-1-1417.2: Improvement of Parking Areas: Parking Lots Abutting and Adjacent to Residential Zones.

8. 10-1-1419: Improvement of Parking Areas: Parking Structures

9. Article 12: General Yards and Space Standards

The above sections do not apply because this Article contains more specific standards that address the topics and issues contained in the sections listed above.

D. Other sections of the Burbank Zoning Ordinance may apply to the North San Fernando Boulevard Zone if they are applicable to the lot or project. If a provision of this Article is in conflict with another provision of the Burbank Zoning Ordinance, the provision in this article shall apply.

E. Diagrams, graphics, and images are provided in this Article to help explain or illustrate various standards. Diagrams, graphics, and images that show a design solution are provided for illustrative purposes and are not meant to show the only possible configuration or design to comply with a development standard.

F. Exceptions: An exception is a modification or a waiver from a specific design standard within this Article. Exceptions may only be granted to design standards and cannot be applied to land use standards. Project applicants may request exceptions to design standards within this Article. The fee and application requirements for an exception equal the fee and application requirements for a variance. Projects that require exceptions must be approved by the Planning Commission in accordance with the process outlined in Sections 10-1-1920 through 10-1-1929. The Planning Commission may only approve projects with exceptions if the following findings are made and supported by evidence in the public record:

1. The proposed building(s) and site design features are of exceptional quality and warrant the approval of a project that would otherwise not be allowed by this Article.

2. The proposed project will contribute to a more attractive commercial and/or mixed-use corridor.

3. The project provides appropriate transitions in scale and use between North San Fernando Boulevard and the adjacent residential neighborhoods.

4. The project will have no adverse effect on surrounding properties with regard to health, safety, or welfare.

5. The project is consistent with the overall purpose and intent of this Article (see Section 10-1-2701: Purpose, Intent, and Applicability).

Anyone, including the applicant and members of the public, may appeal the decision of the Planning Commission to the City Council in accordance with Sections 10-1-1927 through 10-1-1929. [Amended by Ord. 22-3,983, eff. 12/16/22.]