ARTICLE 11. GENERAL PROPERTY DEVELOPMENT REGULATIONS

10-1-1101: COMPLIANCE:

No lot or structure shall be created, erected, altered, or maintained contrary to the provisions of this chapter. [Formerly numbered Section 31-128; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1102: ERECTION OF MORE THAN ONE STRUCTURE ON A RESIDENTIAL LOT:

Not more than one (1) main structure occupied or intended to be occupied for a permitted or permissible use may be erected on a single residential lot, unless yard and other requirements of this chapter are met for each structure as though it were on an individual lot. [Formerly numbered Section 31-129; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1103: LOT TO HAVE FRONTAGE:

Every building shall be on a lot which has frontage of at least 20 feet on a public or private street. [Formerly numbered Section 31-130; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1104: FRONTAGE ON ALLEYS:

Alleys shall not be considered public streets for street frontage requirements of this chapter. [Formerly numbered Section 31-131; renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1105: HAZARDOUS AREAS:

The Public Works Director may require a fence or wall not less than six (6) feet in height along the perimeter of any area which they consider dangerous because of conditions or physical hazards on the property, such as frequent inundation, erosion, excavation, or grade differential. [Formerly numbered Section 31-132; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1106: USES IN COMPLETELY ENCLOSED BUILDINGS:

When a use is required to be conducted in a completely enclosed building there shall be no openings on any side that faces residentially zoned property except as otherwise allowed by this section. Stationary windows not capable of being opened are not considered openings within the meaning of this section. Openings for the ingress or egress of persons or vehicles shall be permitted on a side that faces residentially zoned property upon the condition and requirement that said openings shall not be allowed to remain open except during the passage of persons or vehicles through such openings. As used in this section, the side of an enclosed building faces residentially zoned property if any point on the outer surface of the subject side of said enclosed building is within 150 feet of any point on the property line of said residentially zoned property as measured along any line within the horizontal scope of 45 degrees and 135 degrees from such point upon the surface of the subject side of said enclosed building. [Formerly numbered Section 31-133; Amended by Ord. No. 3503, eff. 12/26/98; 3058, 2707, 2420, 2205.]

10-1-1107: TRASH AND GARBAGE COLLECTION AREAS:

[Formerly numbered Section 31-134; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-1108: OPEN STORAGE AREAS MUST BE ENCLOSED:

Open storage areas in commercial and industrial zones shall have an opaque masonry wall surrounding the storage area at least six (6) feet in height and in good repair, except where the storage area is bounded by a building. The stored material shall be kept below the horizontal plane of the top of the wall. The provisions of this section shall not apply to the open display of merchandise for sale in connection with a use permitted in the zone. [Formerly numbered Section 31-135; Amended by Ord. No. 3503, eff. 12/26/98; 3058, 2598, 2420.]

10-1-1109: JUNK YARDS MUST BE FENCED:

Junk yards shall have an opaque masonry wall entirely surrounding the property, at least eight (8) feet in height and in good repair. The height of the junk, wrecked automobiles, airplanes, or other machinery shall be kept below the horizontal plane of the top of the wall. [Formerly numbered Section 31-136; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1110: ACCESSORY BUILDINGS CONVERTED TO LIVING QUARTERS:

No accessory building shall be structurally altered, converted, enlarged or maintained for the purpose of providing living quarters or dwelling units unless the accessory building and all enlargements thereof are made to conform to all the regulations of this chapter for new buildings. [Formerly numbered Section 31-137; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1111:  

[Deleted by Ord. No. 3669, eff. 7/5/05; Added by Ord. No. 3127, eff. 10/22/88; Formerly numbered Section 31-137.1; Renumbered by Ord. No. 3058.]

10-1-1112: ROOF AND SHADE STRUCTURES:

No person shall erect, construct, place or maintain any roof or shade structure over a mobile home located within a mobile home park. [Formerly numbered Section 31-138; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1113:  

[Added by Ord. No. 3181; Formerly numbered Section 31-139; Amended by Ord. No. 3548, eff. 9/2/00; Ord. No. 3267, 3247, 3200, 3058; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-1113.1: COMMERCIAL AND INDUSTRIAL DESIGN STANDARDS:

A.    ROOF DESIGN.

1.    All parapets shall have returns equal to the height of the parapet. Parapets used for fire separation purposes should be visually integrated into the building.

2.    All mansards shall be continuous on all sides of a building visible from neighboring properties and public rights-of-way, including those elevations facing a street, alley, yard, setback or open space. All mansards on all other elevations which are not exposed or visible to neighboring properties and public rights-of-way, shall have a return at least equal to the height of the mansard.

3.    All roof mounted equipment shall be screened from view through the use of architectural screening systems which are visually integrated into building design with respect to color, material and form.

B.    WINDOW TREATMENT.

Those buildings on lots with 75 feet or less of street frontage which are built to the street property line shall have a minimum 25 percent of the building facade on the ground floor devoted to window treatment.

C.    BUILDING MATERIALS.

All facades visible to the public and surrounding neighbors must be designed, treated and finished in a manner compatible with the other visible sides of the building.

D.    VARIATION ON PLANE.

All building elevations fronting public streets or residentially zoned lots shall contain elements designed for the purpose of providing visual variation including expressed floor or surface breaks, balconies, projections, recesses, awnings and horizontal setbacks.

E.    ENTRIES.

Pedestrian entrances on exposed elevations shall be recessed and architecturally highlighted.

F.    APPENDAGES, AWNINGS AND MARQUEES.

All appendages, awnings and marquees shall be flame resistant or erected with non-combustible materials and meet Uniform Fire Code requirements, and shall not protrude far enough to obstruct a ladder placed at ground level at a 70 degree angle to the building openings above the appendage, awnings or marquees.

G.    EXTERIOR STAIRWAYS.

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

Front entry stair rails should be integrated into the overall building and site design. Thin section wrought iron and stair rails that have minimal form, mass or color reference to the design elements within the facades are discouraged.

Open risers are prohibited.

H.    LOCATION AND SCREENING OF TRASH BINS.

Trash bins shall not be located in any required front or street side yard, but may be permitted within the required interior side and rear yards.

Trash enclosures shall be recessed or within the structure, or enclosed by a six (6)foot high masonry wall on three (3) sides and have a solid permanent metal gate(s).

Doors and gates of trash enclosures cannot swing out into any public right-of-way.

If the lot abuts an alley, the trash bin must be directly accessible from the alley.

I.    This section deleted by Ord. No. 3548, eff. 9/2/00.

J.    FENCES AND WALLS.

1.    Height - Except as otherwise provided for property located at an intersection, the height of walls, fences and hedges may not exceed:

a.    Three (3) feet above the finished grade of the lot within any required front yard and within the required side yard on the street side of a corner or reverse corner lot; provided, however, that where a parking lot abuts or is across the street from a residential zone, a six (6) foot high masonry wall may be constructed within the required front yard and within the required side yard on the street side of a corner or reverse corner lot to the extent specified in Article 14, Division 4 of this Chapter or in a Conditional Use Permit granted by the Board or the Council.

b.    Eight (8) feet above the finished grade of the lot within any yard area behind the required front yard or required side yard on the street side of a corner or reverse corner lot except cutoff area.

Where topographic features or other conditions create an unnecessary hardship the Building Director may permit these height limits to be exceeded, provided the modification will not have a detrimental effect upon adjacent properties or conflict with architectural characteristics of the surrounding neighborhoods.

2.    All fences and walls must comply with the corner cutoff provisions of Section 10-1-1303.

3.    The requirements of this Subsection do not apply to security fencing maintained by a governmental entity. [Added by Ord. No. 3297, eff. 8/15/92; Amended by Ord. No. 3690, eff. 4/11/06; 3548.]

10-1-1114: ART IN PUBLIC PLACES:

A.    DEFINITIONS.

For the purposes of this section, the following definitions apply:

DEVELOPMENT PROJECT: Shall mean any development which requires a building permit. If more than one (1) building is being constructed, then the Development Project shall be the sum of all building permits issued on one (1) legal lot or on more than one (1) legal lot if a covenant which runs with the land is recorded with the County Recorder’s Office which holds two (2) or more lots as one for purposes of the art requirements herein. Development Projects exempt from this section are set forth in Subsection (K) below.

HOUSING AUTHORITY: Shall mean the Burbank Housing Authority.

PROJECT DEVELOPER: Shall mean the owner, including its successor and assigns, of the subject property.

TOTAL PROJECT COST: Shall mean building valuation for a particular building or improvement for which a building permit is issued, as computed by using the latest Building Valuation Data as set forth by the International Code Council (ICC). Parking garages shall be excluded from the computation of Total Project Cost.

B.    ART ALLOCATION REQUIREMENT.

Prior to the issuance of a building permit (or the first building permit, if several are being combined) for any non-exempt Development Project, the Project Developer shall have either (i) received approval from the Art in Public Places Committee authorizing the construction and installation for the lifetime of the Development Project of a work or works of public art on the project site pursuant to this section and the Guidelines below, or (ii) paid a fee to the Art in Public Places Fund established pursuant to this section in lieu of the obligation set forth in (i) above. This fee, if paid shall not be considered an impact fee as defined in Government Code Section 66000 et seq. Rather the fee is an alternative satisfaction of a development standard. Alternatively, the Project Developer may enter into an Art Deferral Agreement with the City whereby cash, or other security in a form acceptable by the City Attorney, in the amount of the in-lieu fee is deposited with the City prior to the issuance of building permit, and such fee (but not any interest generated therefrom) will be refunded to Project Developer upon the completion of the Artwork. No partial refunds will be allowed. The time for the completion of the Artwork shall be a reasonable one. If a Project Developer desires to provide Artwork which is less than the Minimum Allocation for any project, the difference can be paid to the Art in Public Places Fund before building permit issuance.

C.    MINIMUM ALLOCATION COMPUTATION FOR ART.

The Minimum Allocation for art in public places (“Minimum Allocation”) shall be calculated as follows:

1.    One percent (1%) of the Total Project Cost for the first 15 million dollars;

2.    Three-quarters of one percent (0.75%) of the Total Project Cost, for that portion between 15 million and 25 million dollars, in addition to (1) above; and

3.    One-half of one percent (0.50%) of the Total Project Cost for that portion equal to or in excess of 25 million dollars, plus (1) and (2).

D.    GUIDELINES FOR WORKS OF ART.

The public art projects required by this section are limited to artist-designed permanent visual works of art, as opposed to performing art, art with changing facades, or art with rotation schedules.

The Art in Public Places Committee shall apply the following Guidelines to determine compliance with this Section:

1.    Acceptable types of public art projects.

a.    Sculpture - free standing, wall supported or suspended, kinetic, electronic or mechanical in any material or combination of materials;

b.    Murals or paintings permanently affixed to a building -- in any material or variety of materials, with or without collage or the addition of non-traditional materials and means;

c.    Earthworks, fiber works, neon, glass, mosaics, photographs, prints, calligraphy, and any combination of forms of media permanently affixed to a building;

d.    Artist-designed streetscape features such as gates, benches, lighting fixtures and features, walls/fences, public gazebos, and pavement features for unique or limited editions;

e.    Artist-designed extraordinary landscape architecture and landscape design.

2.    Unacceptable types of public art projects.

a.    Objects which are mass-produced from a standard design such as playground equipment, flags, or fountains;

b.    Reproductions, by mechanical or other means, of original art works;

c.    Mass-produced directional elements, advertisement, branded logo, or signage (except when an integral element of the original artwork) and super graphics;

d.    Decorative, ornamental or functional elements which are designed by the building architect or project engineer (not an element commissioned for the purpose of creating a unique work by an artist);

e.    Historic, architectural or art restorations/preservation efforts of building facades, architectural details or existing artworks.

3.    Composition. The composition of the art project shall be of durable and weather resistant materials.

4.    Scale. The art project shall be scaled in a size that is proportional to the size of the Development Project and an integral part of the landscaping or architecture of the project.

5.    Location. The art project shall be located on-site as follows: at least 50 percent of the Minimum Allocation shall be invested in works of art on the exterior of the Development Project and in permanent daytime view of both pedestrians and motorists; provided, however, that this provision shall not apply to enclosed shopping malls with at least 1,000,000 square feet of gross leasable area in which case 100 percent may be within the enclosed portions of the mall, accessible to the visitors thereto. The balance of the Minimum Allocation may be utilized for an art project(s) in interior locations of the Development Project provided that the location(s) are designed for use by the general public and are accessible to the public during normal business hours.

6.    Additional Guidelines to be adopted and assistance on artists selection. The Art in Public Places Committee shall adopt additional Guidelines to further assist Project Developers in implementing this section, and the Parks and Recreation Department staff shall develop a resource library on artists which shall be made available to developers at no charge. The Parks and Recreation Department is authorized to provide assistance, at no charge, to the Project Developer, in selecting and locating a qualified experienced artist for the project. The Department staff may meet with the Project Developer and show their examples of works by experienced artists meeting the program’s criteria and to provide a list of artist’s names and art consultant’s names. The Department staff may also recommend private art consultants who could assist the Project Developer with artist selection.

E.    ALTERATION OR RELOCATION ART.

An on-site work of art may not be modified, altered, relocated or removed without the prior approval of the Art in Public Places Committee. Removal without relocation or a substitute art work shall be prohibited. Any modification, alteration, relocation or removal of art work(s) or approval of alteration or relocation granted by the Art in Public Places Committee shall be subject to the California Art Preservation Act, the Visual Rights Act, or other similar state and federal laws.

F.    VERIFICATION OF EXPENSES.

The Project Developer shall provide satisfactory evidence to the Parks and Recreation Department of Project Developer’s actual art investment as proof that its Minimum Allocation has been invested on art on-site, prior to the issuance of the certificate of occupancy for the Development Project.

1.    Eligible Costs.

A Project Developer may include the following expenses in computing the actual art investment:

a.    Artists professional design and production fee inclusive of labor, materials and services including reasonable Art Consultant/Management fees, not to exceed ten (10) percent of the allocation.

b.    Travel costs of the artist for site visitation and research.

c.    Transportation costs of the work to the site.

d.    Installation of the completed work.

e.    Sales tax.

f.    Any required permit or certification fees.

g.    Identification plaques.

h.    Business and legal costs directly related to art.

i.    Direction or other functional elements such as super graphics, signing, color coding, maps, etc., provided they are an integral part of an original work of art.

j.    Walls, bases, pools or other architectural components on or in which works of art are placed or affixed, provided they are an integral part of the work of art.

k.    Electrical, water or mechanical service for activation of the work, provided they are an integral part of the work of art.

2.    Non-Eligible Costs.

The following are non-eligible expenses:

a.    Preparation of the site except as necessary to receive the works of art.

b.    Exhibitions and education aspects which are interpretative of and tangential to the actual work of art. This includes exhibition of sketches and marquettes, tours and docents, videotaping or filing of construction and installation of art work.

3.    Artist’s Compensation/verification of costs.

All financial arrangements shall be negotiated between the Project Developer and the artist and shall be verified in a written agreement. Copies of the executed contracts between the Project Developer and the artist(s) shall be submitted to the Parks and Recreation Department prior to the issuance of the certificate of occupancy.

G.    MAINTENANCE OF ART.

The Project Developer shall maintain the work(s) of art and any related landscaping and lighting for the life of the Development Project. Project Developers shall perform necessary repairs and maintenance to the satisfaction of the City. Failure to repair or maintain the art work shall be a violation of this section.

In the event the artwork is damaged, destroyed, or stolen, the property owner is legally responsible for repairing or replacing the artwork, with an art piece or art pieces of equivalent value within one year from the date the artwork is identified to be damaged, destroyed, or stolen. The City strongly suggests owners insure their artwork.

H.    SUBMISSION PROCESS.

1.    Building Permit. In conjunction with the application for a building permit, a Project Developer shall submit a completed application to the Parks and Recreation Department which shall be presented to the Art in Public Places Committee for a finding of compliance with this Section.

2.    Application Requirements: Art Work. The art submittal application shall include the following:

a.    Evidence that the art was designed and created by an experienced artist, and

b.    A complete site plan depicting location on-site, landscaping, lighting and other appropriate accessories to complement and protect the art project, including plans for structural support and identifying plaques. The plaques shall list only the date, title and artist and shall not be mounted directly on the art project itself.

c.    Project Developer may alternatively indicate in writing their intention to pay the alternative fee, in-lieu of constructing the art.

3.    Application Requirement: Minimum Allocation Calculations. An art work submittal application (including a request to pay the alternative fee in-lieu of constructing the art) shall provide calculations of Project Developer’s Minimum Allocation, as verification of the proper Minimum Allocation. A Project Developer shall have their Minimum Allocation verified by the Community Development Department, who shall forward the finding to the Parks and Recreation Department.

a.    Multi-phase Projects. In the case of multi-phase projects, the Minimum Allocation shall apply to each phase of the project. A phase shall be deemed to be all those buildings on one site for which building permits are issued within a consecutive 60-month period.

b.    Credit. Project Developers of long-term, multi-phase projects are encouraged to accelerate their investment in works of art. Any such accelerated investment in works of art at a project site shall be credited against the Project Developer’s Minimum Allocation on future phases at the same site, together with imputed interest at the rate of ten percent per annum, not to exceed 36 months until such future Minimum Allocations would otherwise be payable under the provisions of this section. This provision shall apply to any works of art complying with the provisions of this section which are installed after the effective date of this section.

4.    Application to Committee. The completed application, including a verified Minimum Allocation, shall be submitted to the Art in Public Places Committee by the Parks and Recreation Department. Within 30 days of the Parks and Recreation Department’s receipt of a completed application, the Art in Public Places Committee shall render a written determination of whether such plan complies with the provisions of this section. The powers of the Committee shall be limited to finding compliance with Subsections (D) and (E) of this section and the Guidelines. In no way shall this Committee rule upon artistic content when considering the plans. The Art in Public Places Committee action shall be final.

5.    Installation of Art and Verification of Expenses Required Prior to Certificate of Occupancy. Prior to the issuance of a certificate of occupancy, the Project Developer shall install the approved work(s) of art as proposed to and approved by the Art in Public Places Committee, and have their expenses relating to the actual art investment verified with the Parks and Recreation Department in accordance with Subsection (F) herein. In the event fabrication and/or installation of the works of art is proceeding diligently but has not been completed prior to the issuance of a certificate of occupancy, the Project Developer shall deliver to the City a surety bond reasonably satisfactory to the City Attorney guaranteeing that the approved works of art will be completed as proposed.

I.    ART IN PUBLIC PLACES FUND.

An account shall be established in the General Fund of the City to be known as the Art in Public Places Fund to account for fees paid pursuant to this section. In lieu of committing the Minimum Allocation to an on-site art project, the Project Developer may pay all or a portion of the Minimum Allocation to the City for deposit into the Art in Public Places Fund. Such funds shall be used subject to Council approval for (1) for the financing of art projects including, but not be limited to the acquisition, installation, improvement, maintenance and insurance of art work, that will be located at City-owned public buildings or on City-owned public grounds as shall be recommended by the Art in Public Places Committee; (2) for Sister City Art Exchange Programs; or (3) if requested by project developers, up to 50 percent of the one percent obligation may be allowed for arts related programs organized through the Burbank Arts of All Foundation, a nonprofit California corporation benefiting Burbank Unified School District students, or successor.

J.    INTEGRATION WITH MEDIA DISTRICT STREETSCAPE PROGRAM.

To the extent that a work of art installed by a Project Developer pursuant to this section qualifies as a Media District identity element pursuant to the Media District Streetscape Program established pursuant to Article 21 of this chapter, the Project Developer shall be entitled to receive credit under the Streetscape Program.

K.    DEVELOPMENT PROJECTS EXEMPT FROM THIS SECTION.

The provisions of this section shall not be applicable to the following:

1.    Child care centers;

2.    Single family homes;

3.    Subdivisions with four or fewer dwelling units;

4.    Commercial and industrial projects with a building valuation, as defined in this Subsection (A), of $500,000 or less;

5.    Multifamily residential projects with a building valuation of $1,500,000 or less;

6.    Any Affordable Unit development projects funded or assisted by the Housing Authority. Notwithstanding anything to the contrary in this Code, the definitions in Section 10-1-633 of this Code shall apply to this subsection;

7.    Any public capital improvement project for which legal restrictions preclude the application of this section; or any public project which the City Council, Housing Authority, or Parking Authority exempt;

8.    Mechanical, plumbing and electrical system upgrades, structural or seismic upgrades and modifications for disabled access, unless occurring in conjunction with alternations of a building or an above ground structure;

9.    Building remodeling, building additions and related activities where the building valuation is not increased by more than 50 percent;

10.    Remodeling, repair or reconstruction of structures that have been damaged by fire, flood, wind, earthquake, or other natural cause;

11.    Nonprofit [501(c)(3)] social service institution construction projects.

12.    Any building built on a portion of a site which is completely screened from view from adjacent public right of way or from those portions of the site open to the general public, provided that the height of the building does not exceed the height of the buildings that screen it from view.

L.    AUTHORITY TO EXECUTE COVENANTS.

The Director of Parks and Recreation Department shall have authority to execute covenants authorized in this section on behalf of the City. [Added by Ord. No. 20-3,937, eff. 7/10/20; repeals and replaces section added by Ord. No. 3290; 3818; 3735; 3597, 3354.]

10-1-1115: ARCADE DEVELOPMENT REGULATIONS:

A.    ARCADES WITH UP TO TEN (10) MACHINES.

Arcades with up to ten (10) machines are permitted as an incidental use in conjunction with the following primary uses if the space occupied by both uses is at least 2,000 square feet of adjusted gross floor area:

1.    Billiard Parlors.

2.    Bowling Alleys.

3.    Cocktail Lounges.

4.    Entertainment Complexes.

5.    Restaurants/Eating Establishments/Cafes with indoor seating areas comprising at least one-third (1/3) of the adjusted gross floor area of the establishment.

B.    ARCADES WITH UP TO 60 MACHINES.

Arcades with up to 60 machines are allowed in conjunction with the following uses:

1.    Entertainment complexes consisting of at least 2,000 square feet of adjusted gross floor area on a piece of property consisting of at least 20,000 square feet.

2.    Hotels with at least 100 rooms.

3.    Shopping centers with interior hallways. (No restriction on the number of businesses in a shopping center permitted to have arcades with up to 60 machines per business.)

C.    EXCEPTION BY CONDITIONAL USE PERMIT.

The 60-machine limit for those uses in Subsection (B) above may be exceeded upon the granting of a Conditional Use Permit.

D.    DISTANCE FROM SCHOOLS.

No arcade shall be located within 500 feet of the nearest street entrance to or exit from any public or private school ground of elementary or high school grades. Such 500 foot distance shall be measured from the entrance to the location of such machine in the most direct line

to the nearest entrance or exit of the school. This subsection shall not apply when the arcade is placed in an establishment in which minors are prohibited from entering and remaining by the Alcoholic Beverage Control Act of the State of California. [Added by Ord. No. 3335; Amended by Ord. No. 3810 eff. 6/10/11; 3404.]

10-1-1116: ALCOHOLIC BEVERAGES - ON-PREMISES AND OFF-PREMISES; CONDITIONAL USE PERMIT REQUIRED:

1.    No establishment may sell alcoholic beverages for on-premises or off-premises consumption unless a Conditional Use Permit for alcoholic beverages has been approved for such establishment or unless exempted by this Code section.

2.    In addition to any other requirements or regulations, no establishment may sell alcohol for off-premises consumption if such establishment is located in an area or census tract with an “undue concentration” of off-sale retail alcoholic beverage licenses as defined in Business & Professions Code Section 23958.4, unless the Planning Board or Council 1) grants such establishment a Conditional Use Permit; and 2) finds that the public convenience or necessity would be served by the Department of Alcoholic Beverage Control’s issuance of an off-sale retail alcoholic beverage license to such establishment.

3.    Restaurants with Incidental Alcohol are permitted in the zones so specified in accordance with this section. A Conditional Use Permit shall not be required for a Restaurant with Incidental Alcohol that sells alcoholic beverages for on-premises consumption only and that is not located within 150 feet of a residential zone. For the purposes of this section only, a Restaurant with Incidental Alcohol shall not be considered to be located within 150 feet of a residential zone if both the Restaurant with Incidental Alcohol and the residential property are both located in the City Centre Redevelopment Project Area.

4.    Restaurants with Incidental Alcohol within 150 feet of a residential zone and/or with sale of alcohol for off-premises consumption are only permitted in the zones where specifically listed and shall require a Conditional Use Permit in accordance with this section.

5.    For the purpose of verifying compliance with the requirement for Restaurants with Incidental Alcohol that 65 percent of the gross sales revenue must be from food sales, the sales receipts, accounting ledgers and any other business records pertaining to the sales of food and alcohol shall be open for inspection by the Chief of Police or their designee during regular business hours of the restaurant upon 72 hours prior written notice. In addition, Restaurants with Incidental Alcohol shall retain separate sales records for food and alcohol sales.

6.    If the City Planner or their designee determines that more than 15 percent of the floor area of an establishment is devoted to the sales or consumption of alcohol and the owner or management of the establishment disputes this determination, the owner or management may appeal such decision to the Planning Board. The Planning Board shall determine whether or not more than 15 percent of the floor area of such establishment is devoted to the sales or consumption of alcohol. There shall not be a fee for such an appeal to the Planning Board.

7.    Restaurant/Drinking Establishments, Cocktail Lounge/Bars, Nightclubs and other establishments serving alcohol are permitted in the zones so specified upon the granting of a Conditional Use Permit in accordance with this section.

8.    Serving alcohol in conjunction with a permitted temporary event may be permitted upon the granting of a Conditional Use Permit for such alcohol service.

9.    No new Cocktail Lounge/Bar or Nightclub shall be permitted within 1000 feet of an existing Cocktail Lounge/Bar or Nightclub, except in the City Centre Redevelopment Project Area where no new Cocktail Lounge/Bar or Nightclub shall be permitted within 300 feet of an existing Cocktail Lounge/Bar or Nightclub.

10.    No new Cocktail Lounge/Bar or Nightclub shall be permitted within 200 feet of either a residence, family day care home, child day care facility, convalescent home, a residential care home-retirement home, or any residentially zoned lot or parcel; provided, however, that this separation restriction shall not apply in either of the following two circumstances:

a.    where 1) the Cocktail Lounge/Bar or Nightclub and 2) the residence, family day care home, child day care facility, convalescent home, residential care home-retirement home, or residentially zoned lot or parcel; are both located in the City Center Redevelopment Project Area; or

b.    where an existing establishment in the C-3 Zone adds a dance floor to operate as a nightclub, if all of the following apply:

1.    the establishment has legally and continuously operated as a Restaurant with Incidental Alcohol since May 13, 1995;

2.    the establishment is at least 200 feet from any lot or parcel zoned for single family residential use;

3.    the establishment is at least 80 feet from any family day care home, child day care facility, convalescent home, residential care home-retirement home or any residentially zoned lot or parcel and an arterial street is located within that 80 foot separation;

4.    the establishment’s public entrance is at least 100 feet from any residentially zoned lot or parcel;

5.    the establishment has legally and continuously provided live musical entertainment since May 13, 1995.

11.    For the purposes of this section, the distance between two (2) properties or establishments shall be measured in a straight line between the two (2) properties’ closest points, without regard to intervening structures and without regard to building height.

12.    All new establishments selling alcohol shall comply with the following:

a.    The property, including any parking facilities, shall be kept free of trash and debris.

b.    The employees and management of an establishment which sells alcohol for on-premises consumption only shall prevent patrons from leaving the establishment with bottles, cans or other containers of alcohol. If an establishment is permitted to sell alcohol for off-premises consumption, the employees and management of the establishment shall prevent patrons from leaving the establishment with open bottles, open cans, or other open containers of alcohol.

c.    When an establishment serves alcoholic beverages in the original can or bottle for on-premises consumption, the establishment shall also provide the patron with a drinking glass.

d.    No establishment may permit or cause noise emanating from the operations of the establishment which violates Article 2 of Title 9 Chapter 3 of the Burbank Municipal Code. Noise emanating from the operations of an establishment includes, but is not limited to, the noise caused by the operation of the establishment and its employees, the conduct of patrons, the playing of musical instruments or other machines or devices and singing.

e.    The establishment shall be in substantial conformance with the site and floor plans approved by and placed on file in the Planning Division.

13.    The provisions of this ordinance shall not apply to an establishment legally existing without a Conditional Use Permit on the effective date of this ordinance unless any of the following occur:

a.    The establishment changes its type of retail liquor license;

b.    The floor area devoted to the sales or consumption of alcoholic beverages is increased;

c.    A dance floor is added or the floor area devoted to dancing is increased; or

d.    The establishment adds billiard tables or increases its number of billiard tables, resulting in a total number of more than two (2) billiard tables at the establishment.

If any of the above-mentioned changes occur, such existing use may only be continued or reestablished in compliance with all of the provisions of this ordinance and all other applicable laws. A currently existing use shall be considered no longer existing if that use is voluntarily changed or is abandoned or discontinued for more than six (6) consecutive months.

14.    Any establishment operating under a Conditional Use Permit for the sale of alcoholic beverages granted prior to the effective date of this ordinance must continue to operate pursuant to its Conditional Use Permit unless the owner of the property files a declaration abandoning or discontinuing the Conditional Use Permit as provided for in Section 10-1-1951 of this Code. If the property owner files such a declaration, the establishment will be treated as a new establishment for the purposes of this ordinance. If an establishment continues to operate under a Conditional Use Permit granted prior to the effective date of this ordinance, such establishment must apply for an amendment to its Conditional Use Permit prior to either 1) adding a dance floor or increasing the floor area devoted to dancing or 2) adding billiard tables or increasing its number of billiard tables, resulting in a total number of more than two (2) billiard tables at the establishment.

15.    The definitions of this ordinance shall apply to all establishments whether or not the remaining provisions of the ordinance are applicable to such establishment and whether or not such establishment was established under a different use or definition.

16.    Cocktail Lounge/Bars and Nightclubs in existence on the effective date of this ordinance, as well as any Cocktail Lounge/Bars and Nightclubs established after the effective date of this ordinance shall be included in determining the spacing requirements of Section 10-1-1116 (9) above. [Added by Ord. No. 3400; Amended by Ord. No. 3524, eff. 8/21/99; 3457, 3452.]

10-1-1117: BILLIARD PARLOR DEVELOPMENT STANDARDS:

A.    No billiard parlor shall be located within 1000 feet of the nearest street entrance to or exit from any public or private school ground of elementary, junior high or high school grades. Such 1000 foot distance shall be measured from the entrance to the establishment in the most direct line to the nearest entrance or exit of the school. This subsection shall not apply where the billiard parlor is an establishment in which minors are prohibited from entering and remaining by the Alcoholic Beverage Control Act of the State of California.

B.    No new billiard parlor shall be permitted within 200 feet of either a residence, day care home, convalescent home, a residential care home, retirement home, or any residentially zoned lot or parcel; provided, however, that this restriction shall not apply where both 1) the billiard parlor and 2) the residence, day care home, convalescent home, residential care home, retirement home or other residentially zoned lot or parcel, are located in the City Centre Redevelopment Project Area.

C.    No new billiard parlor shall be permitted within 1000 feet of an existing billiard parlor, except in the City Centre Redevelopment Project Area where no new billiard parlor shall be permitted within 300 feet of an existing billiard parlor. [Added by Ord. No. 3404, eff. 7/1/95.]

10-1-1118: WIRELESS TELECOMMUNICATIONS FACILITIES. REGULATIONS AND DEVELOPMENT STANDARDS:

A.    PURPOSE.

The purpose of this Section is to provide uniform standards for the placement, design, monitoring, and permitting of Wireless Telecommunications Facilities (WTFs) consistent with applicable federal and state requirements. These standards are intended to address the adverse visual impacts of these facilities through appropriate design, siting, screening techniques, and locational standards, while providing for the communication needs of residents and businesses. This Section is not intended to, and does not; regulate those aspects of WTFs that are governed by the Federal Communications Commission (FCC).

B.    APPLICABILITY AND EXEMPTIONS.

The requirements of this Section apply to all WTFs as defined in Section 10-1-203, except as exempted. The following are exempt from the provisions of this Section:

1.    Radio or Television Antenna: Any ground- or building-mounted antenna that receives radio or television signals for use only by owners or occupants of the property or development on which the antenna is located that does not exceed a height of 15 feet above the maximum allowable building height for the zone in which the antenna is located.

2.    Satellite Dish Antenna: Ground- or building-mounted dish antenna that receives radio or television signals for use only by of owners or occupants of the property or development on which the dish is located that does not exceed one meter in diameter.

3.    Private Antenna: Any antenna operated by a business for the purpose of sending or receiving radio, television, data, or other wireless signals directly between two business locations or to satellites for re-transmission. Such facilities are regulated by the applicable commercial and industrial development standards including but not limited to Section 10-1-1113.1 and 10-1-1301.

4.    Amateur Radio Antenna: Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the FCC that does not exceed a height of 15 feet above the maximum allowable building height of the zone in which it is located. For the purpose of this section, amateur radio means the licensed non-commercial, non-professional, private use of designated radio bands for purposes of private recreation including the non-commercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.

5.    Government Antenna: Any antenna, dish, or similar equipment owned and/or operated by any government entity.

C.    PERMITTING PROCESS.

1.    An application is required for all WTFs. Applications for WTFs requiring a land use permit must be accompanied by the applicable permit application. The Director is required to maintain a list of required application forms and materials and a written procedure for processing WTF applications, which may be amended from time to time. The application must be accompanied by a fee if specified in the Fee Resolution. A WTF application must include documentation of compliance with FCC regulations pertaining to radio frequency emissions, including cumulative emissions from any existing WTFs on the site and the proposed WTF, in a manner deemed appropriate by the Director.

2.    Table 10-1-1118(C) provides the locations where WTFs are allowed and the land use permit, if any, required for the WTF. WTFs in the public right-of-way are subject to the requirements in Section 7-3-708.

Table 10-1-1118 (C)

Symbol

Meaning

P

Permitted

AUP

Administrative Use Permit required

[AUP]

Administrative Use Permit required if residentially adjacent

CUP

Conditional Use Permit required

--

Prohibited

WTF Type

Institutional Use1 in Single Family Residential Zone

Multifamily Residential Zone

Non-Residential Zone (except OS)

OS Open Space Zone

Building Mounted Co-Location

AUP

AUP

P

P

[AUP]

Building Mounted

CUP

CUP

P

[AUP]

AUP

Freestanding Co-Location

--

--

P

[AUP]

AUP

Freestanding

--

--

CUP

CUP

All other WTFs not listed above or not exempted by 10-1-1118(B)

CUP

CUP

CUP

CUP

Footnotes

1.    For the purposes of this Section, institutional use means a public or private school, religious institution, hospital, library, museum, government building, public utility, or other similar public or semi-public facility.

2.    A CUP is also required to exceed WTF height limitations per Subsection D.

3.    Conditions

The Council, Board, or Director upon approving a Conditional Use Permit or Administrative Use Permit for a WTF may include any other impact minimizing conditions as deemed appropriate to address an identified impact.

4.    Duration of Permit

Approved Conditional Use Permits and Administrative Use Permits for WTFs shall expire after 10 years. The applicant may re-apply for a new Conditional Use Permit or Administrative Use Permit as required by this Article to continue to use and operate the existing facility, but may, upon review, be required to upgrade it to comply with such additional standards, and incorporate such additional technologies, as the City may lawfully impose through its evaluation and approval of such re-application.

5.    Requirements for WTFs in the Single Family Residential Zone.

The Council, Board, or Director upon approving a Conditional Use Permit or an Administrative Use Permit must find that:

a.    The WTF is necessary to address a significant gap in coverage.

b.    There are no other feasible alternative locations or design configurations that would be less intrusive.

6.    Eligible Facilities Requests

Eligible Facilities Requests that do not require a Substantial Change in Physical Dimensions shall be processed in accordance with 47 U.S.C. § 1455, and any duly authorized implementing orders and regulations of the Federal Communications Commission. In reviewing permits for qualifying Eligible Facilities Requests, the Council, Board, or Director shall be required to approve applications, but shall retain discretion to enforce and condition approval on compliance with generally applicable building, structural, electrical, and safety codes and with other laws (including, without limitation, this Article) codifying objective standards reasonably related to health and safety.

D.    DEVELOPMENT AND DESIGN STANDARDS.

All WTFs approved pursuant to this Article shall be subject to the following development and design standards, which are designed to, among other things, promote and constitute concealment elements for towers and base stations.

1.    New Facilities.

All WTFs approved pursuant to this Article must comply with the following development and design standards except when impractical or technologically infeasible. The burden shall be on the applicant to provide evidence as part of the application showing why and how complying with the standard would be impractical or technologically infeasible. In such event, the Director may hire an independent, qualified consultant to evaluate any technical aspect of the proposed WTF and any proposed exceptions from these development standards at the applicant’s sole cost. The applicant shall submit a deposit to pay for such independent third party review as set forth in the City’s Fee Resolution.

2.    Existing Facilities.

All WTFs approved with a Conditional Use Permit or building permit as of the date of adoption of the ordinance codified in this Section are not required to comply with the development and design standards unless the WTF or any portion thereof is replaced or modified, and such replacement or modification is not otherwise exempt from compliance with the Article codified in this Section (as it may be amended from time to time). Any replacement or modification shall be consistent with these standards to the extent feasible, based on the scope of the replacement or modification. The burden shall be on the applicant to provide evidence as part of the application showing why and how complying with the standard would be infeasible. In such event, the Director may hire an independent, qualified consultant to evaluate any aspect of the proposed replacement or modification and any proposed exceptions from these development standards at the applicant’s sole cost. The applicant shall submit a deposit to pay for such independent third party review as set forth in the City’s Fee Resolution. This provision is not intended for the addition of generators for temporary emergency power.

3.    Requirements for All WTFs.

a.    Where practical, WTFs shall be integrated into existing or newly developed facilities that are functional for other purposes.

b.    WTFs shall incorporate stealth design so as to minimize aesthetic impacts on surrounding land uses. Stealth design means that the WTF is designed to closely blend into the surrounding environment and to be minimally visible. Antennas and related equipment are either not readily visible beyond the property on which it is located, or, if visible, appear to be part of the existing landscape or environment rather than the wireless communications facility. The WTF may appear as a natural feature, such as a tree or rock or other natural feature, or may be incorporated into an architectural feature such as a steeple, parapet wall, or light standard, or be screened by an equipment screen, landscaping, or other equally suitable method. Related equipment shall be designed to match the architecture of adjacent buildings and/or be screened from public view by walls, fences, parapets, landscaping, and similar treatments.

c.    Related equipment for co-located WTFs shall be co-located within an existing equipment enclosure, or if not possible then located within a new equipment enclosure as close to the existing equipment enclosure as possible.

d.    Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other cross-sectional dimension than is reasonably necessary for the proper functioning and physical support of the WTF and future co-location of additional WTFs.

e.    Cable Trays and Runs.

1.    All cable trays and cable runs for building-mounted WTFs shall be located within existing building walls.

2.    Any facade-mounted cable trays and runs shall be painted and textured to match the building and shall be mounted as close to the facade surface as possible, with no discernible gap between.

3.    Cable trays and runs on a roof deck shall be mounted below or otherwise screened by the parapet wall or screening device.

4.    Cable trays and runs for freestanding WTFs shall be located inside the pole and underground.

f.    Stealth WTF’s designed to resemble natural features such as trees or rocks shall be integrated into the surrounding environment through the planting of trees and/or shrubs distributed around the entire facility to appear as a naturally occurring or integrated landscape element.

g.    Whenever landscaping is used in conjunction with a WTF for stealth design, to screen related equipment, or for another purpose, the following requirements apply:

1.    Any new or replanted landscaping shall be of a type and variety that is compatible with existing landscaping.

2.    Any tree removed shall be replaced with one or more trees of similar quality and size.

3.    When used for screening, the landscaping shall be of a type, variety, and maturity to adequately screen the related equipment.

4.    Newly installed trees shall be a minimum size of 36 inch box.

5.    Palm trees shall have a minimum brown trunk height of 16 feet.

6.    Newly planted shrubs shall have a minimum size of five gallons.

7.    Live landscaping shall be provided with adequate and permanent irrigation to support continued growth.

h.    Fences and Walls.

1.    Chain link fencing material is only permitted in association with a WTF in an industrial zone where the fence is not visible from the public right-of-way or adjacent non-industrial zone.

2.    Block walls must be covered with stucco or plaster except in industrial zones.

i.    Signs.

1.    All WTFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.

2.    No signs, flags, banners, or any form of advertising shall be attached to a WTF except for government-required certifications, warnings, or other required seals or signs.

j.    No WTF or any portion thereof may be located within a required setback area.

k.    WTFs operating in excess of the maximum sound levels permitted by the City’s noise ordinance shall be enclosed to achieve compliance with the noise ordinance. Backup generators or similar equipment that operates only during power outages or other emergencies are exempt from this requirement. Testing of such backup generators or similar equipment may only occur during standard daylight hours, and in no event prior to 7:00 a.m. Monday through Friday and 8 a.m. on Saturday.

l.    No WTF may, by itself or in conjunction with other WTFs, generate radio frequency emissions and/or electromagnetic radiation in excess of FCC standards and any other applicable regulations. All WTFs must comply with all standards and regulations of the FCC, and any other agency of the State or Federal government agency with the authority to regulate wireless telecommunications facilities.

m.    Within 30 days after discontinuation of use, the WTF operator shall notify the Director in writing that use of the WTF has been discontinued.

n.    A WTF must be completely removed, and the site returned to its pre-WTF condition within 180 days of discontinuation of use.

o.    All WTF application approvals shall indicate that the approved WTF configuration was designed to conceal elements of the tower or base station to the extent feasible, and that further expansion of the WTF or its associated facilities would defeat those concealment elements.

4.    Additional Requirements for Building-Mounted WTFs.

a.    New Building-mounted WTFs, including any screening devices, shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, of the building on which it is mounted unless approved through a Conditional Use Permit.

b.    Building-mounted WTFs shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. Antennas shall be located entirely within an existing or newly created architectural feature so as to be completely screened from view.

c.    Building-mounted WTFs shall be located on the facade of the building, parapet, or rooftop penthouse whenever practical.

d.    Facade-mounted WTFs shall not extend more than 24 inches out from the building face. If a building mounted WTF is mounted flush against a building wall, the color and material of the antenna and other equipment shall match the exterior of the building. If there is a discernable gap between the antenna and the facade, the antenna shall be screened so as to hide the gap.

e.    Roof-mounted WTFs shall be fully screened from public view using screening devices that are compatible with the existing architecture, color, texture, and/or materials of the building. Roof-mounted WTFs shall also be screened from above, if visible from adjacent properties.

f.    Roof-mounted WTFs shall be located as far from the edge of the building as feasible.

5.    Additional Requirements for Freestanding WTFs (Except for Amateur Radio Antennas).

a.    An applicant for a freestanding WTF shall demonstrate as part of the application that a proposed WTF cannot be placed on an existing building or co-located.

b.    Freestanding WTFs, including any camouflage or screening devices, may not exceed a height of 35 feet above the ground surface unless approved through a Conditional Use Permit.

c.    Freestanding WTFs shall be compatible with the architecture, color, texture, and/or materials of nearby buildings and the surrounding area and landscaping.

d.    Freestanding WTFs shall be located in areas where existing topography, vegetation, buildings or other structures provide the greatest amount of screening so as to minimize aesthetic impacts on surrounding land uses.

e.    Freestanding WTF’s shall be designed to allow for co-location of additional antennas, for example by having a foundation and pole capable of accommodating a height extension. The operator and owner of the freestanding WTF shall lease space on the tower to other WTF providers to the maximum extent consistent with the operational requirements of the WTF.

f.    Any mono-tree shall incorporate enough architectural branches (including density and vertical height), three dimensional bark cladding, and other design materials or appropriate techniques to cause the structure to appear a natural element of the environment.

g.    Freestanding WTFs may not utilize guy wires or other diagonal or horizontal support structures.

h.    Exterior lighting of freestanding WTF’s is prohibited unless required by the FAA or other government agency.

i.    Freestanding WTF’s that simulate the appearance of a flag pole shall be tapered to maintain the appearance of an actual flag pole. A flag shall be flown from the WTF and properly maintained at all times.

E.    RADIO FREQUENCY EMISSIONS COMPLIANCE.

1.    Within thirty (30) calendar days following the activation of any WTF, the applicant shall provide a radio frequency emissions compliance report to the Director certifying that the unit has been inspected and tested in compliance with FCC standards. Such report and certification shall include:

a.    The make and model (or other identifying information) of the unit tested.

b.    The date and time of the inspection, the methodology used to make the determination,

c.    The name and title of the person(s) conducting the tests, and a certification that the unit is properly installed and working within applicable FCC standards.

d.    As to DAS installations, the required radio frequency emissions compliance report certification shall be provided only by the wireless carrier(s) using the DAS system.

e.    The report and certification shall also indicate that cumulative levels of radio frequency emissions from the WTF and all co-located WTFs are in compliance with FCC standards, including but not limited to FCC Office of Engineering Technology Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as amended.

2.    Every five years following compliance with 1-1-1118 E(1) above, the applicant shall, at the WTF owners sole cost, prepare and submit to the City an independently prepared updated radio frequency emissions compliance report and certification, shall certify that the WTF complies with all applicable FCC standards as of the date of the update.

3.    If the radio frequency emissions compliance report and certification, and/or any update thereto, demonstrates that the cumulative levels of radio frequency emissions exceed or may exceed FCC standards, the Director may require the applicant to modify the location or design of the WTF and/or implement other mitigation measures to ensure compliance with FCC standards. The Director may require additional independent technical evaluation of the WTF, at the applicant’s sole cost, to ensure compliance with FCC standards.

F.    PREEMPTION.

1.    Notwithstanding any other provision of this Code to the contrary, an applicant may request a waiver to excuse it from having to comply with this Section, or may appeal from the denial of an application reviewed under this Section, on the ground that the requirement or action taken by the City would violate state or federal law. The City shall grant the waiver or appeal, or excuse an applicant from compliance with all or a portion of this Section, if it finds based on substantial evidence in the record that the challenged requirement or action is preempted by state or federal law. [Added by Ord. No. 3439, eff. 7/22/96; amended by Ord. No. 15-3,868, eff. 9/25/15; 3817; 3810; 3791.]

10-1-1119:  

[Added by Ord. No. 3465, eff. 7/5/97; Deleted by Ord. No. 3743, eff. 7/11/08.]

10-1-1120: ADULT BUSINESSES: REGULATIONS AND DEVELOPMENT STANDARDS:

Adult businesses shall be permitted in zones as set forth in Section 10-1-502, subject to the provisions of this Chapter and Article 9 of Title 3 Chapter 3 of this Code, and subject to the following requirements:

A.    SEPARATION REQUIREMENTS.

1.    No adult business shall be permitted within 1000 feet of either of the following: (a) any residentially zoned property or (b) a residential use within a Planned Development zone; provided, however, that this separation requirement shall not apply if the Interstate 5 Golden State Freeway is located between the adult business and the residentially zoned property or the residential use within a Planned Development zone.

2.    No adult business shall be permitted within 1000 feet of any public park, school, religious institution or child day care facility; provided, however, that this separation requirement shall not apply if the Interstate 5 Golden State Freeway is located between the adult business and the public park, school, religious institution or child day care facility.

3.    No adult business shall be permitted within 1000 feet of any other adult business.

4.    For the purposes of this section, the distance between properties and/or establishments shall be measured in a straight line, without regard to intervening structures or objects, from the nearest lot line of one property to the nearest lot line of the other property. In addition, the separation requirements set forth in this section are only applicable to those properties located in the City of Burbank.

B.    DEFINITION OF SCHOOL.

For the purposes of this Section 10-1-1120, “SCHOOL” shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the State of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this Section, “school” does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

C.    DEVELOPMENT STANDARDS.

All development standards that apply in the zone in which an adult business is located shall apply to such adult business. In the Airport Zone, the M-2 development standards shall be applicable.

D.    PARKING.

The following off-street parking spaces shall be provided:

1.    Adult Arcade - five (5) spaces for each 1,000 square feet of adjusted gross floor area.

2.    Adult Retail Store - 3.3 spaces for each 1,000 square feet of adjusted gross floor area.

3.    Adult Cabaret - ten (10) spaces for each 1,000 square feet of adjusted gross floor area.

4.    Adult Hotel/Motel - one (1) space for every room.

5.    Adult Modeling Studio - 3.3 spaces for each 1,000 square feet of adjusted gross floor area when less than 1,500 square feet; four (4) spaces for each 1,000 square feet of adjusted gross floor are when between 1,500 square feet and 2,500 square feet; six (6) spaces for each 1,000 square feet of adjusted gross floor area when greater than 2,500 square feet.

6.    Adult Motion Picture Theater - one (1) space for every five (5) fixed seats and one (1) space for each 28.6 square feet of adjusted gross floor area available for assembly without fixed seats. [Added by Ord. No. 3557, eff. 10/28/00.]

10-1-1121: SHOPPING CART CONTAINMENT:

A.    DEFINITIONS. The following words and phrases as used in this Section shall have the meanings ascribed to them unless otherwise noted:

ABANDONED SHOPPING CART: Means a shopping cart located outside the store premises of the business establishment which furnishes the shopping cart for use by its patrons.

SHOPPING CART: Means any basket, platform, or similar device of any size, mounted on wheels or a similar device, including parts thereof, provided by a store operator for the purpose of transporting goods of any kind on the store premises of that business establishment. This definition shall include laundry carts provided by owners and operators of laundry facilities, such as Laundromats.

SHOPPING CART OWNER: Means the owner and/or the tenant of the store premises and their officers, employees, contractors and agents.

STORE PREMISES: Means the area within the business establishment and any lot area, maintained and managed by the business, that may include the building, parking lot, loading areas, and adjacent driveways and walkways, and where the business’ shopping carts are utilized.

B.    ADMINISTRATION.

Except as otherwise provided in this Chapter, the provisions of this Section shall be administered and enforced by the Community Development Department of the City. In enforcing the provisions of this Section, employees of the aforementioned department may

enter onto private property to survey or examine a shopping cart or parts thereof, or to obtain information as to the identity of a shopping cart owner, and to remove, or cause the removal of, a shopping cart, or parts thereof consistent with state law.

C.    SHOPPING CART CONTAINMENT.

All shopping carts shall be effectively contained or controlled within the boundaries of the store premises.

1.    “Effectively contained or controlled” means the number of shopping carts removed from store premises (cart loss) over a 24 hour period, between the hours of 12:00 a.m. and 11:59 p.m. the following day, shall not exceed the “cart loss threshold” established and amended from time to time by resolution of the Council. Cart loss shall be based upon available documentation, including, but not limited to, code enforcement field observations.

2.    Any shopping cart owner who fails to contain shopping carts within the cart loss threshold set by the City Council pursuant to this Section, as evidenced by the issuance of a Notice of Violation, shall implement one (1) or more shopping cart containment methods which results in achievement of the cart loss threshold, that is, loss of no more than five (5) shopping carts per 24 hour period.

D.    MONITORING AND REPORTING.

1.    Upon request, shopping cart owners shall provide to the Director information, including but not limited to, information concerning shopping cart use, loss and recovery specific to that business location, and such other information deemed reasonable by the Director to determine the adequacy of the shopping cart containment system or control method.

2.    All shopping cart owners shall post a sign made of permanent, weather-resistant materials not less than 18 inches in width and 24 inches in height with block lettering not less than one-half (1/2) inch in width and two (2) inches in height in a conspicuous place on the building within two (2) feet of all customer entrances and exits stating, at a minimum, the following:

REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY LAW. B & P Code Section 22435.2

E.    NOT EXCLUSIVE MEANS FOR REGULATING SHOPPING CARTS.

This Section is not to be construed as the exclusive regulation of wrecked, dismantled or abandoned shopping carts within the city. It shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, state or any other legal entity or agency having jurisdiction, including Section 22435 et seq. of the Business and Professions Code (B & P Code).

F.    SHOPPING CARTS WITHOUT SIGNAGE.

Shopping carts located outside of store premises which do not meet the signage requirements specified in B & P Code Section 22435.1, as that section may be amended from time to time, shall be abated in accordance with Section 5-3-207 of this Code, as that section may be amended from time to time. The owners of such carts shall pay all expenses of removal and storage as provided in Section 5-3-207.

G.    ENFORCEMENT.

Any owner, operator, manager, employee and/or independent contractor of a shopping cart owner violating or permitting, counseling, or assisting the violation of any of these provisions regulating shopping carts, shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued.

H.    SEVERABILITY.

This section and the various parts thereof are hereby declared to be severable. Should any part of this section be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of this section as a whole, or any portion thereof other than the part so declared to be unconstitutional or invalid. [Added by Ord. No. 3716, eff. 9/23/07.]

10-1-1122: EMERGENCY SHELTER DEVELOPMENT STANDARDS:

A.    APPLICABILITY.

The requirements of this section apply to all emergency shelters as defined in Section 10-1-203.

B.    CAPACITY.

Emergency shelters may provide a maximum of 150 beds per establishment.

C.    INTAKE/WAITING AREAS.

On-site waiting and intake areas shall be enclosed or screened from the public right-of-way and adjacent properties. Queuing of clients shall not be permitted outside of approved waiting and intake areas.

D.    LIGHTING.

Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is consistent with existing lighting in the neighborhood.

E.    NOISE.

Emergency Shelters, as all other uses, are subject to the noise restrictions in Title 9 Chapter 3 of the Burbank Municipal Code.

F.    ON-SITE MANAGEMENT.

Emergency shelter providers must submit a written management plan prior to beginning operation, including provisions for staff training, and counseling, treatment, and training programs for residents. The management plan shall be subject to approval by the Community Development Director.

G.    SECURITY.

Emergency shelter providers must submit a written security plan prior to beginning operation that includes the hours of operation, lighting, intake/discharge hours. Security plan must include contact information for an onsite 24-hour manager.

H.    SEPARATION FROM OTHER SHELTERS.

No emergency shelter shall be located within a radius of 300 feet from the nearest shelter, as measured from property line to property line. This requirement does not apply to Temporary Aid Centers. [Amended by Ord. No. 21-3,957, eff. 7/23/21; 3,816.]

10-1-1123: TEMPORARY AID CENTER DEVELOPMENT STANDARDS:

A.    APPLICABILITY.

The requirements of this section apply to all temporary aid centers as defined in Section 10-1-203.

B.    INTAKE/WAITING AREAS.

On-site intake areas shall be enclosed or screened from the public right-of-way and adjacent properties. Queuing within the public right-of-way or any parking area is not permitted.

C.    LIGHTING.

Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is consistent with existing lighting in the neighborhood.

D.    NOISE.

For the purposes of noise abatement, organized outdoor activities and intake of residents in non-enclosed areas may only be conducted between the hours of 7:00 a.m. and 10:00 p.m.

E.    ON-SITE MANAGEMENT.

Temporary Aid Centers must submit a written management plan prior to beginning operation, including provisions for staff training and counseling, training, and treatment, programs for residents. The management plan shall be subject to approval by the Community Development Director.

F.    PARKING.

Temporary Aid Centers must provide a minimum of 1.5 parking spaces per 1000 square feet of adjusted gross floor area.

G.    SECURITY.

Temporary Aid Centers must submit a written security plan prior to beginning operation including, as applicable, the hours of operation, intake/discharge procedures, screening of clients prior to admission to the Temporary Aid Center, and provisions for on-site security guards, if any. A site plan shall also be provided which clearly indicates parking areas, lighting, and the location of on-site walk-in and client intake areas. The security plan shall be subject to approval by the Chief of Police. [Added by Ord. No. 3816, eff. 7/29/11.]