ARTICLE 21. MEDIA DISTRICT OVERLAY ZONE

DIVISION 1. PURPOSE AND DEFINITIONS

10-1-2101: PURPOSE:

This article creates a Media District Overlay Zone which contains a series of zoning classifications for the Media District as defined in Resolution No. 23,146, which amended the General Plan and Land Use Element to reflect this District.

All land use regulations and development standards for the Media District Overlay Zone augment the land use regulations and development standards of the Burbank Municipal Code. However, the remainder of Title 10 of the Burbank Municipal Code shall apply for regulations applying to the Residential Zones of R-3 and R-4, which are referred to as MDR-3 and MDR-4. The Media District Overlay Zone regulates commercial-industrial land in the Media District for land use, density, height and setbacks, as well as specific aspects of parking, landscaping, landscaping for parking lots, design standards for parking lots, lighting, walls and fences, signs and design standards. When an issue, condition or situation occurs which is not covered or provided for in the Media District Overlay Zone Ordinance, the development regulations of the Burbank Municipal Code that are most applicable shall apply.

Projects of 25,000 square feet or greater occurring south of the Ventura Freeway will require mailed notice to all property owners from Mariposa Street to Clybourn south of the Ventura Freeway in addition to the 1,000-foot radius already required. Projects of 25,000 square feet or more occurring within the Media District north of the Ventura Freeway will require mailed notice to all property owners from Mariposa Street to Clybourn south of Oak in addition to the 1,000-foot radius already required. [Added by Ord. No. 3224, eff. 2/16/91; amended by Ord. No. 15-3,860, eff. 2/27/15.]

10-1-2102: DEFINITIONS:

For the purposes of this article, the following definitions shall apply. Words or phrases not defined in this section shall be construed as defined in the Burbank Municipal Code. This section only includes words or phrases which are not defined elsewhere in this plan.

DEVELOPMENT OPPORTUNITY RESERVE (’DOR’): Means a portion of the Media District’s development capacity which can be allocated to projects which best meet the goals of the plan through the Conditional Use Permit process. The DOR is 800,000 Office Equivalent Gross Square Feet.

FLOOR AREA RATIO (’FAR’): Means a density regulation that allows a prescribed amount of floor area for each square foot of land area. With a FAR of 1.1, 1.1 square foot of floor area would be allowed for one (1) square foot of lot area.

OVERLAY ZONE: Means a set of land use regulations and standards for areas having special sensitivity. These regulations shall take precedence over all other regulations established by the Burbank Municipal Code.

SPECIAL EVENT: Means any temporary event not exceeding 30 days whether indoors or outdoors, or on improved or unimproved property which is inconsistent with the zone in which the subject property is located. Special events shall also refer to any activity that may result in the closure of any public street.

TRANSPORTATION DEMAND MANAGEMENT (’TDM’): Means measures designed to reduce peak-hour vehicular trip including ridesharing, carpooling, work hour changes, and use of public transportation.

TRANSFER OF DEVELOPMENT RIGHTS (’TDR’): Means the ability of a property owner to transfer development rights from one (1) parcel in the Media District to another parcel in the Media District via the City’s approval through the Conditional Use Permit process. [Added by Ord. No. 3224; Amended by Ord. No. 3457, eff. 3/1/97.]

DIVISION 2. MEDIA DISTRICT INDUSTRIAL (MDM-1) ZONE

10-1-2103: PURPOSE:

The Media District Industrial (MDM-1) Zone is intended for motion picture, television, recording production, other media-related activities, hospitals and medical-related uses and other restricted commercial/industrial uses compatible with these uses. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2103.5: GENERAL PLAN CONSISTENCY:

In the MDM-1 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.]

10-1-2104: USES IN THE MDM-1 ZONE:

In the MDM-1 Zone, uses are allowed as set forth in Section 10-1-502. [Added by Ord. No. 3224, eff. 2/16/91; Amended by Ord. No. 3504, eff. 12/26/98; 3464, 3439, 3400, 3376.]

10-1-2105: CONDITIONAL USES:

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

10-1-2106: PLANNED DEVELOPMENT USES:

Commercial uses which primarily serve the employees or residents of the Media District may be permitted provided a Planned Development (PD) application is submitted and the City determines that the proposed use is not likely to attract a substantial percentage of patrons from outside of the Media District, and provided that the Planning Board determines that the proposed use will be compatible with the uses in the surrounding zones. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2107: PROPERTY DEVELOPMENT STANDARDS:

The following property development standards shall apply in a MDM-1 Zone:

A.    DENSITY.

The density of all commercial and industrial property shall not exceed an office-equivalent gross square footage (OE-GSF) floor area ratio (FAR) of 1.1, except as provided for in this section.

1.    Gross floor area. For the purpose of computing allowable density, “gross floor area” means the total horizontal area of all floors beneath the roof of a building. The computation excludes the columns, permanent interior walls, stair shafts, elevator shafts, duct shafts, mechanical equipment rooms that serve the building as a whole (offices only) and the area actually occupied by parking. The computation includes corridors, bathrooms, interior partitions which are not permanent or anything else not excluded above.

2.    Office-equivalent gross square feet (OE-GSF) is a concept which allows more floor area for specific uses which generate less peak-hour trips per square foot than general office buildings. For example, a FAR 1.1 on a 10,000 square feet lot would allow 11,000 square feet of gross floor area of general office or 5,940 gross square feet of medical office pursuant to the “Office Equivalency Factors” set forth in Table 1 below.

OFFICE EQUIVALENCY FACTORS

TABLE 1

Land Use

Office Equivalency Factor

General Office and Commercial

1.00

 

Medical Office

0.54

 

Light Industrial

1.90

 

Warehousing

1.26

 

Hotel

2.97

rooms/1,000 sf of land

Motel

3.15

rooms/1,000 sf of land

Multi-Family Residential

 

 

Hospital

 

 

Media Office

1.33

 

Media Workshop

9.60

 

Warehouse Storage

24.12

 

Stage areas

6.34

 

(i)    Employers with 1,000 or more workers may achieve office equivalency ratios by implementation of City-approved transportation demand management (TDM) plans.

(ii)    The most recent edition of Trip Generation, Institute of Transportation Engineers (ITE) may be used to determine office equivalency ratios for uses not listed in Table 1. The ITE tables do not include ratios for some land uses in the Media District. Requests for an office-equivalency ratio not listed here can be approved through the Conditional Use Permit process. The applicant must demonstrate to the satisfaction of the City, through a study performed by a licensed traffic engineer, that the office-equivalency ratio proposed is appropriate. The City may also require a monitoring program to ensure that these factors are maintained over time.

(iii)    Commercial land uses also includes general retail, saving institutions, food outlets, restaurant and all other uses permitted or conditionally permitted in the commercial zones except for those uses specified in Table 1.

(iv)    Multi-family residential development is limited by the Burbank Municipal Code rather than FAR; however, for the purpose of calculating impact fees, one (1) dwelling unit is equivalent to 297 square feet of office floor area.

(v)    General, non-profit hospital space is not limited by FAR; however, for the purpose of calculating impact fees, 1.24 square feet of hospital floor area is equivalent to 1.0 square feet of general office space.

(vi)    With respect to Media Office, Media Workshop, Warehouse Storage, and Stage Area Uses, the office-equivalency factor shown in Table 1 is based on preliminary data. It shall not be used unless verified by a report prepared by a certified traffic engineer to the satisfaction of the Director of Community Development. The report shall include a monitoring program which requires the applicant to periodically supply to the Director of Community Development sufficient information to ensure that the factors remain valid over time. The applicants may, alternatively, elect to use the following factors: Media Office - 1.33; Media

Workshop/Storage/Technical Space - 2.00; and Sound Stage - 4.00. If these alternative factors are used, the applicant shall supply a monitoring plan to the satisfaction of the Community Development Director prior to issuance of building permits for cumulative development of more than 25,000 adjusted gross square feet. This monitoring plan shall document the total and peak trips generated by the applicant’s entire complex to verify that the alternative factors are a reasonable representation of the complex’s trip generation. This monitoring plan shall include provisions requiring the applicant to periodically supply to the Director of Community Development sufficient information to ensure that the factors remain valid over time. If the monitoring plan fails, in the opinion of the Community Development Director, to substantiate that the alternative factors are a responsible representation of the complex’s trip generation, the Community Development Director shall not allow the building permit to be issued until a report prepared by a certified traffic engineer has been accepted by the Community Development Director that documents the office-equivalency factors of the applicant’s complex. The Community Development Director shall apply the office-equivalency factors determined by the certified traffic engineer’s study. In order to use any media factors, the applicant shall execute and record an agreement, found acceptable to the Community Development Director, restricting the use of the building to those media uses which form the basis of the office-equivalency factor for which the applicant is applying. Violation of this agreement will be subject to enforcement.

3.    Studio Lots as one (1) Parcel. Parcels within the main studio lots of each studio as shown on Figure 1, entitled “Land Considered Studios” shall be considered as one (1) parcel for the purposes of density calculation.

4.    Development Opportunity. The allowable development opportunity for a given parcel of land shall be computed according to the following formula:

Lot Size x Office FAR (1.1) x Office Equivalency Factor (Table 1) = Allowable Floor Area

5.    Density Requirement. Exceptions to the density requirements in this section are as follows:

(i)    Media Center South - Media Center South has been recognized since the inception of the West Olive Redevelopment Project Area as a suitable location for more intensive development. Furthermore, the Media District Overlay Zone identifies this property as the focal point of the Media District, occupying a prominent, central location bounded by the Ventura Freeway, Olive Avenue and California Street. For these reasons, Media Center South has a density limit of FAR 2.0 OE-GSF, with the provision that this site is ineligible for the allocation of any development opportunity reserve, as discussed below.

(ii)    Transportation Demand Management Plan - Any employer of 1,000 or more employees may apply for a Development Agreement to control development density by a Transportation Demand Management (TDM) Plan. These plans provide means of reducing peak-hour trip generation and require regular monitoring to ensure that the peak-hour trips generated by the employer do not exceed the number of trips that would be generated if the employer’s site were developed to the FAR 1.1 limit with general office. In reviewing an application for such a Development Agreement, the City shall impose conditions on the additional development which ensure that the employer’s peak-hour trip generation projections are not exceeded.

(iii)    Development Opportunity Reserve - The Media District Overlay Zone includes a Development Opportunity Reserve (DOR) that allows the stated FAR limit to be exceeded through the Conditional Use Permit process for projects which provide benefits to the City by meeting the goals of the Media District Overlay Zone.

The DOR is limited to 800,000 gross square feet of development. The DOR is designed primarily to assist smaller properties which may have difficulty recycling at the FAR 1.1 density limit. Consequently, DOR is only available to properties where contiguous lots under one (1) ownership are four (4) acres or less in size.

(iv)    Medical Offices Development Standards - Medical offices have a need to locate within the Media District to take advantage of proximity to St. Joseph Medical Center. The Media District Overlay Zone promotes medical office development within walking distance of the St. Joseph Medical Center by allowing DOR to be administratively allocated to medical offices within 750 feet of the center. Within this radius the density limits for medical offices are calculated as if those medical offices were general offices. The amount of DOR allocated to these medical offices must be subtracted from the DOR pool. The traffic impact fees charged within this area shall be based on the full office-equivalent square footage of the building.

(v)    Transfer of Development Rights (TDR) - Any property owner may transfer development rights (TDR) from one (1) parcel under its ownership to any other parcel in the Media District with the City’s approval through the Conditional Use Permit process. In reviewing a TDR application, the City will seek to determine whether the development will promote the goals of the Media District Overlay Zone, and will be at a scale which is consistent with the land use/urban design goals of the plan and compatible with surrounding land uses. In approving an application for TDR, the City will not only ensure that the project proposed at the receiving site is appropriate, but also that the transfer is not detrimental to the site from which the rights are transferred. Any development opportunity transferred will be deducted from the donor parcel’s development opportunity; this reduction will be officially recorded with the deed to the property and noted on appropriate City and County records.

When the City approves a transfer of development rights (TDR) from land owned by one (1) owner to land owned by another owner, the City shall charge a TDR fee on a per-square-foot basis as established by a fee resolution. This fee is in recognition of the fact that TDR allows increased density on a site which, in turn, necessitates additional mitigation. The City, as part of the CUP process, will determine how the fee should be applied. The fee could be used to fund infrastructure or amenities, such as public art, streetscape treatments, landscaping or other public improvements which are not funded by impact fees. This fee shall not be deducted from the fees and improvements that would otherwise be required of the project without a TDR. The value of the fee shall be updated periodically, along with the impact fees, by a City Council fee resolution.

(vi)    St. Joseph Medical Center - The St. Joseph Medical Center shall not be subject to the density limits which apply elsewhere in the Media District. The St. Joseph complex is considered a unique public service; plans for this area shall be reviewed for compliance with the goals and development standards of the Overlay Zone, but the limitation of FAR 1.1 shall not apply.

B.    STRUCTURE HEIGHT.

1.    Maximum Allowable Height. Subject to all other requirements of this section, the maximum allowable height for all commercial and industrial structures shall be determined as follows:

Distance from R-1, R-1-H or R-2 Lot Line

Maximum Allowable Height

(i)

0-25 feet

1 foot height per 1 foot distance from R-1, R-1-H or R-2 lot line for any part of structure.

(ii)

25-50 feet

25 feet

(iii)

50-150 feet

35 feet

(iv)

150-300 feet

50 feet

(v)

300-500 feet

70 feet

(vi)

greater than 500 ft.

15 stories, provided that the highest portion of the structure shall not exceed 205 feet above the average grade of the lot.

2.    Conditional Use Permit. Unless as provided for in (3), or approved by Planned Development as provided for in (4), a Conditional Use Permit (CUP) is required for structures higher than 35 feet. By CUP, a structure may exceed 35 feet to a maximum height of 15 stories provided that the highest portion of the structure shall not exceed 205 feet above the average grade. A CUP may be granted if the City finds that the proposed structure will be compatible with the other uses surrounding the subject site and meets the goals and objectives of the General Plan for the Media District, including but not limited to, the goals of protecting the quality of life in single family residential neighborhoods, minimizing the potential for land use conflicts, promoting quality development and encouraging distinctive urban design elements and architectural standards.

3.    Exception: Production-Related Studio Buildings. Production-related studio buildings of 125 feet or less in height within the main studio lots as shown in Figure 1 are not required to have a CUP for heights up to those provided as “maximum allowable height” in (B)(1) of this section. For the purpose of this exception, “production-related” shall mean that the proposed structure is designed for sound stage, warehouse, workshop, technical space, animation studios, wardrobe facilities or office space directly associated with studio operation.

4.    Planned Development. By Planned Development, the City may approve a building higher than 15 stories or 205 feet but not higher than 18 stories or 246 feet above average grade, whichever is more restrictive, if the City finds that the proposed project not only meets or exceeds the goals of the General Plan for the Media District but also that the proposed project provides extraordinary features or amenities that make the proposed project an asset to the Media District and the City as a whole. Such features shall include fully-subterranean parking and open space/public plazas occupying a significant portion of the project site with mature landscaping. The City shall also require features and amenities that are appropriate to the proposed development, such as exceptional architectural design and the highest possible quality of construction materials, particularly exterior surfacing materials.

5.    Floors of Parking. Floors of parking shall be counted the same as other floors for the purpose of the maximum floor limit and the maximum allowable height.

6.    Measuring Building Height. The maximum allowable building height shall be measured from the average grade to the ceiling height of the highest room permitted for human occupancy.

7.    Roof and Architectural Features. Roof and architectural features may exceed the maximum height up to 15 additional feet if a 45 degree angle or less is maintained as depicted in Diagram No. 1.

8.    Olive Avenue Right-of-Way. The maximum height of any building within 150 feet of the Olive Avenue right-of-way south of Olive Avenue’s intersection with Pass Avenue shall be 70 feet.

9.    Riverside Drive West. The maximum height of any building in the commercial zone on Riverside Drive west of Evergreen Street shall be three (3) stories.

10.    Relay or Communication Paths. New development shall not block relay or communication paths of media related uses in existence at the time of Overlay Zone adoption or shall incorporate in the development, at no expense to the transmitter, whatever relay facilities are necessary to ensure the continuation of existing relay or communication paths. This requirement is applicable during construction as well as during operation of any future project.

11.    Building on Two (2) Height Limit Lines. For a new building straddling the two (2) sides of a height limit line, up to 10 percent of the volume of the structure (but not more than 10,000 square feet of total floor area) may be built within the lower height zone up to the limit specified for the higher zone; provided, however, that within the higher height zone and between the structure and the height limit line, there shall remain uncovered an amount of land at least equal to the amount of land in the lower height zone covered by the intruding portion of the structure. This exception shall not apply within 80 feet of the closest R-1, R-1-H or R-2 lot line.

C.    MINIMUM DEVELOPMENT STANDARDS FOR COMMERCIAL AND INDUSTRIAL PROPERTY.

All minimum development standards for Commercial and Industrial Property shall be those set forth in Table 2 below. Variations from these standards may be requested through the Planned Development process.

TABLE 2

Category

Commercial Zone

Industrial Zone

Lot Size

4,800 sf

1 acre

Street Frontage

20 ft

100 ft

Lot Width (Average)

40 ft

100 ft

BUILDING SETBACK FROM:

Street Right-of-Way

Minimum 5-ft setback; buildings taller than 15 ft in height must also have average setback of 20% of building height

Lot Line of Property Zoned R-I, R-I-H, or R-2

20 ft

20 ft

Lot Line of Property Zoned R-3 or R-4

5 ft

15 ft

PARKING LOT SETBACKS:

Lot Line of Property Zoned R-I or R-I-H

15 ft

15 ft

Street Right-of-Way

5 ft

5 ft

1.    Building Setback. The entire setback may be used for an open-air restaurant or half the required setback may be occupied by a one (1)-story structure reserved exclusively by covenant for retail uses; open-air restaurant seating may be located on top of this single-story retail structure.

2.    Surface Parking.

(i)    The required setback shall not be used for surface parking.

(ii)    Surface parking shall not be located between the structure that it serves and any primary or secondary pedestrian route, as shown in Figure 3.

D.    MINIMUM PARKING REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL PROPERTY.

Minimum Parking Requirements for Commercial and Industrial Property shall be those set forth in Table 3.

TABLE 3 

Uses

Off-Street Parking Spaces Required

Banks and Savings & Loan Institutions

4 spaces per 1,000 sf of adjusted gross floor area

Bowling Alley

4 spaces per lane

Child Day Care Facilities

1 space for every 8 children and 1 space for each State Department of Social Services required employee

Convalescent Homes

5 spaces per 12 beds

Mini Shopping Centers

10 spaces per 1,000 sf of adjusted gross floor area (or less by CUP)

Gymnasiums and Health Studios

5 spaces per 1,000 sf of adjusted gross floor area

Hospital

Conditional Use Permit

Hotels/Motels

1 space per guest room

Medical Office

5 spaces per 1,000 sf of adjusted gross

Mortuaries/Funeral Homes

1 space per 3 fixed seats and 1 space per 21 sf adjusted gross floor area available for assembly where there are no fixed seats

Museum

1 space per 300 sf of exhibit area and 1 space per 5 seats, depending on exact nature of museum

Offices, General and Professional

3 spaces per 1,000 sf of adjusted gross floor area

Places of Public Assembly, Banquet Facilities, Churches, Exhibition Halls, Theaters and Convention Halls

1 space per 5 fixed seats and 28.6 spaces per 1,000 sf of adjusted gross floor area available for assembly where there are no fixed seats

Restaurants, Cafes, Bars Cocktail Lounges

10 spaces per 1,000 sf of adjusted gross area

Retail Stores and Personal Services

3.3 spaces per 1,000 sf of adjusted floor space

Shopping Center

5 spaces per 1,000 sf of adjusted gross floor area

Warehouse

1 space per 1,000 sf of adjusted gross floor area

Uses not specified

To be determined by the Director of Community Development based upon comparable requirements for specified uses

Multi-Family Residential Requirements

As required in the Burbank Municipal Code

1.    Calculating Required Parking. For the purpose of calculating required parking, gross floor area means the total horizontal area of all the floors beneath the roof of a building. This computation excludes the columns, permanent interior walls, stair shafts, duct shafts, mechanical equipment rooms that serve the building as a whole (office only) and the area actually occupied by parking. The computation does include corridors, bathrooms, interior partitions which are not permanent nor anything else not excluded above.

2.    Conditional Use Permit-Restaurants. By Conditional Use Permit, the City may approve a reduction in the minimum parking requirement for restaurants which can prove, to the satisfaction of the Planning Board, that the restaurant will primarily serve a walk-in trade due to the nature of the proposed restaurant and its proximity to large concentrations of employment. An Employee Parking Plan shall be submitted to the Director of Community Development as part of Development Review performed on any restaurant west of Pass Avenue on Riverside Drive which requires Development Review.

E.    SITE LANDSCAPING FOR NON-RESIDENTIAL USES.

1.    Trees.

(i)    Trees shall be planted in areas of public view adjacent to and along side and rear building lines. The standard shall be one (1) tree for every 20 linear feet of front and exposed side yard. The applicant shall submit a landscaping plan prepared by a licensed landscape architect for review and approval of the Park, Recreation and Community Services Director.

(ii)    All required trees shall be a minimum 24-inch box size, unless otherwise approved by the Director of Park, Recreation and Community Services. Five (5) gallon trees may be substituted for 15 gallon trees at a 2:1 ratio at the discretion of the Director of Park, Recreation and Community Services.

2.    Maintenance and Irrigation Equipment.

(i)    All landscape areas shall be maintained in a healthy and growing condition and shall require regular pruning, fertilizing, mowing and trimming.

(ii)    All landscape areas shall be kept free of weeds and debris.

(iii)    All irrigation systems shall be kept operable, including adjustments, replacements, repairs and cleaning as part of regular maintenance.

(iv)    Damaged planting and irrigation equipment will be repaired or replaced within 30 days.

3.    Screening. Combinations of berming, landscaping, walls and buildings shall be used to screen loading areas, storage areas, trash enclosures and utilities from public view. When used as a screen, the landscaping shall be of adequate maturity to reach the height and density sufficient to provide the necessary screening within 18 months of installation to the satisfaction of the Director of Public Works.

4.    All Areas. Except as otherwise permitted herein, all setback and non-paved areas shall be landscaped.

5.    Drought Resistant Plants. Drought-tolerant and low-water requiring plant materials are encouraged for purposes of water conservation.

6.    Construction. If construction of a phase will not begin within one (1) year following completion of the previous phase, areas proposed for development in the future shall be temporarily turfed, seeded, and irrigated with an automatic sprinkler system for dust and soil erosion control. If construction begins within one (1) year, the area shall be irrigated as necessary to prevent dust.

7.    Stake Trees. All trees shall be staked with a double steel pipe and seared with rubber or plastic strip or other commercial tie material. Wire shall not be used to tie the tree to the stakes.

8.    Mounds. Graded mounds shall not exceed a 3:1 slope. Mounds over 30 inches high shall not be placed within ten (10) feet of any street and/or alley intersection.

9.    Planters. All landscaping planters shall have a minimum dimension of five (5) feet.

10.    Irrigation Systems. All landscaped areas shall be provided with an irrigation system approved by the Park, Recreation and Community Services Director consisting of waterlines and sprinklers designed to provide head to head coverage and to minimize overspray onto structures, walks and windows.

11.    Exemptions. At the discretion of the Community Development Director, a barrier-free, four (4)-foot wide paved walk may be provided through the required planter at street and driveway intersections to provide unencumbered access for the handicapped from the sidewalk to the parking lot. Such walks shall be located so as to facilitate the most direct movement of persons using sidewalk curb ramps, if such are provided. Bus shelters may be located within this planter, if approved by the Community Development Director and the Park, Recreation and Community Services Director.

F.    This section deleted by Ord. No. 3548, eff. 09/02/00.

G.    This section deleted by Ord. No. 3548, eff. 09/02/00.

H.    LIGHTING.

1.    Design.

(i)    All project lighting should be designed to eliminate glare onto adjacent properties.

(ii)    The design of light standards shall be compatible with the building architecture and adjacent light standards in the public right-of-way and adjacent projects.

2.    Security.

(i)    Carports, garages, parking areas and driveways shall contain security lighting.

(ii)    Primary pedestrian walkways shall be lighted for pedestrian safety.

3.    Low-Level. Low-level architectural lighting of the buildings and landscaped areas is encouraged.

4.    Conservation. Energy conservation shall be an important consideration in nighttime lighting plans. Plans for the design and operation of lighting and illumination shall be developed consistent with the latest technical and operational energy conservation concepts.

I.    WALLS AND FENCES.

1.    Design. Walls and fences shall be designed to complement the building’s architecture and that of adjacent fences and walls through the use of similar materials and construction details. Walls or fences that are of opaque construction at the front of the property should be low enough so as not to impair traffic safety by obscuring or blocking views of oncoming traffic (maximum height of 30 inches within five (5) feet of an entrance).

2.    Surface. Where long lengths of fence or wall surfaces are required, periodic articulation or change of material shall be used to prevent monotony. Undifferentiated wall lengths shall be no longer than 100 feet.

3.    Height. Except as otherwise provided, the height of walls, fences and hedges of property located at or within ten (10) feet of the property line adjacent to an intersection, shall not exceed the following:

4.    This section deleted by Ord. No. 3548, eff. 09/02/00.

J.    STUDIO EXEMPTION.

On main studio lots, as depicted in Figure 1, fences, hedges and other enclosures shall be permitted in required yards subject to the approval of the Director of Community Development.

K.    ADDITIONAL STANDARDS.

The standards contained in Articles 11 through 16 of this Chapter also apply to the Media District commercial and industrial 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. [Added by Ord. No. 3224; amended by Ord. No. 15-3,860, eff. 2/27/15; 3716, 3700, 3548, 3488, 3457.]

10-1-2108: DEVELOPMENT REVIEW:

No structure shall be erected in a MDM-1 Zone until a site plan has been submitted for Development Review and approved by the Director, as provided in Division 2, Article 19 of this chapter. [Added by Ord. No. 3224, eff. 2/16/91.]

DIVISION 3. MEDIA DISTRICT COMMERCIAL (MDC-2) ZONE

10-1-2109: PURPOSE:

The Media District Limited Commercial (MDC-2) Zone is intended to serve the retail/service needs of the Media District business community and the adjacent residential neighborhood. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2109.5: GENERAL PLAN CONSISTENCY:

In the MDC-2 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.]

10-1-2110: USES IN THE MDC-2 ZONE:

In the MDC-2 Zone, uses are allowed as set forth in Section 10-1-502. [Added by Ord. No. 3224; Amended by Ord. No. 3504, eff. 12/26/98; 3465, 3464, 3457, 3452, 3439, 3400, 3376.]

10-1-2111 AND 2111.5:  

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

10-1-2112: PROPERTY DEVELOPMENT STANDARDS:

The standards set forth in Section 10-1-2107 of this article shall apply to the MDC-2 Zone. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2113: DEVELOPMENT REVIEW:

No structure shall be erected in an MDC-2 Zone until a site plan has been submitted for Development Review and approved by the Director as provided in Division 2, Article 19 of this chapter. [Added by Ord. No. 3224, eff. 2/16/91.]

DIVISION 4. ZONE MEDIA DISTRICT GENERAL BUSINESS (MDC-3) ZONE

10-1-2114: PURPOSE:

The Media District General Business (MDC-3) Zone is intended for general business establishments and other commercial uses which meet the goals and intent of the Media District Overlay Zone. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2114.5: GENERAL PLAN CONSISTENCY:

In the MDC-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.]

10-1-2115: USES IN THE MDC-3 ZONE:

In the MDC-3 Zone, uses are allowed as set forth in Section 10-1-502. [Added by Ord. No. 3224; Amended by Ord. No. 3504, eff. 12/26/98; 3465, 3464, 3457, 3452, 3439, 3400; 3376.]

10-1-2116: PROPERTY DEVELOPMENT STANDARDS:

The standards set forth in Section 10-1-2107 of this article shall apply to the MDC-3 Zone. [Formerly numbered Section 31-2117; Amended by Ord. 3520, eff. 7/10/99; 3224.]

10-1-2116.5: DEVELOPMENT REVIEW:

No structure shall be erected in an MDC-3 Zone until a site plan has been submitted to Development Review and approved by the Director, as provided in Division 2, Article 19 of this chapter. [Formerly numbered Section 31-2118; Amended by Ord. No. 3520, eff. 7/10/99; Ord. No. 3224.]

DIVISION 4.5. DELETED

[Deleted by Ord. No. 3666, eff. 3/20/05; Added by Ord. No. 3520, eff. 7/10/99.]

DIVISION 5. MEDIA DISTRICT COMMERCIAL/MEDIA PRODUCTION (MDC-4) ZONE

10-1-2119: PURPOSE:

The Media District Commercial/Media Production (MDC-4) Zone is intended for general business establishments, other commercial uses and certain restricted media production activities which meet the goals and intent of the Media District Overlay Zone. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2119.5: GENERAL PLAN CONSISTENCY:

In the MDC-4 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.]

10-1-2120: USES IN THE MDC-4 ZONE:

In the MDC-4 Zone, uses are allowed as set forth in Section 10-1-502. [Added by Ord. No. 3224; Amended by Ord. No. 3504, eff. 12/26/98; 3465, 3464, 3457, 3452, 3439, 3400, 3376.]

10-1-2121 AND 2121.5:  

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

10-1-2122: PROPERTY DEVELOPMENT STANDARDS:

The standards set forth in Section 10-1-2107 of this article shall apply to the MDC-4 Zone. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2123: DEVELOPMENT REVIEW:

No structure shall be erected in an MDC-4 Zone until a site plan has been submitted for Development Review and approved by the Director as provided in Division 2, Article 19 of this chapter.

DIVISION 6. RESIDENTIAL ZONES

10-1-2124: RESIDENTIAL ZONES:

The residential zones are those areas of the Media District zoned MDR-3 and MDR-4. The purpose of these zones is to ensure that the uses permitted are compatible with the existing residential neighborhoods. As previously stated, Article 6 of this chapter shall apply, and MDR-3 shall be treated as if R-3 and MDR-4 shall be treated as if R-4, except for the list of permitted uses per section 10-1-627. [Added by Ord. No. 3224; amended by Ord. No. 15-3,860, eff. 2/27/15; 3751.]

DIVISION 7. DESIGN STANDARDS

10-1-2125: PURPOSE AND GOALS:

The following design standards will serve as guidelines to address various aspects of design as it relates to private development. These standards are flexible and allow for a variety of design responses. However, they set forth important concepts which ensure that as private development proceeds, each project contributes to a cohesive, functional and aesthetic Media District Overlay Zone. The design standards are as follows:

A.    To ensure an orderly high quality development process; to protect and enhance major public investments in the area; to protect both small and large scale private investments in the area; and to minimize development cost by eliminating uncertainty and reducing potential development problems. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2126: COMPLIANCE:

Compliance with these design standards shall be determined by the Director of Community Development as part of the Design Review process. Final approval of a project is required from the City Council or City Planning Board. In the latter case, the City Council or the City Planning Board shall determine compliance. These design standards shall apply to all development in the MDM-1, MDC-2, MDC-3, and MDC-4 zones. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2127: LAND USE ALONG PEDESTRIAN ROUTES:

High levels of pedestrian activity, such as shopping, eating, watching, resting, going to and from work, will create interest and provide a sense of safety and security to people on the streets in the Media District. Active streets are also safe streets. These guidelines encourage patterns of land use along streets so that pedestrian activity areas will be created within the media core.

The pedestrian network illustrated in Figure 3, is one of the Media District Overlay Zone’s most important elements. The key concept is continuity of ground level retail, restaurant and other “active” uses along key street frontages and open spaces. Private developments should orient active land uses in the pedestrian routes and open space system. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2128: CONTINUITY IN RETAIL FRONTAGE:

In order to maintain an active pedestrian environment, retail uses must be the predominant ground floor use. Long gaps between retail stores discourages active pedestrian shopping and activity. Non-retail first floor uses should be kept to a minimum in retail and restaurant areas. New development should provide first floor retail and restaurant frontage in character with adjacent uses. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2129: TREATMENT OF NON-RETAIL FRONTAGE:

Non-retail uses such as offices, service and institutional uses should have visually interesting fronts. Non-retail storefronts should convey the nature of the inside activity to passersby and contribute to the visual interest of the area. Blank, monotonous walls are discouraged. Windows, signs, displays and entrances should convey information about the nature of the business inside. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2130: PEDESTRIAN ACCESS TO BUILDINGS:

Active street and open space frontages along major and secondary pedestrian routes create an interesting and safe pedestrian environment. Whenever possible, the public entrance to shops, stores, and lobbies shall face those streets and open spaces designated as primary pedestrian routes in Figure 3. Second level walkways should not be provided in lieu of ground level walkways because the active land uses are recommended primarily for the ground level. However, in locations such as the Media Center, where multi-level pedestrian activity and retail space are encouraged, second level walkways are encouraged. Also, a second level walkway may be beneficial between the medical office building on the north side of Alameda Avenue and the St. Joseph Medical Center complex. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2131: BUILDING APPEARANCE:

The guidelines in this section regulate or establish the physical appearance and configuration of buildings in the Overlay Zone. The aspects of a building which define its appearance include numerous elements which are addressed by these guidelines including style, height, massing, shape, scale, proportion, materials and finishes, color, lighting, and storefront design. The intent of these guidelines is to assure a harmonious relationship between buildings, the immediate visual environment, and the overall design framework.

A.    HEIGHT.

A cluster of tall buildings in the Overlay Zone can visually express the importance of the area and provide physical definition to streets and open space. Building height is also an important factor in the provision of light and air and the protection of public open space.

Building heights should relate to open spaces to allow maximum winter sun and ventilation, protection from prevailing winds, enhance views to public plazas and scenic landmarks, and minimize obstruction of view from adjoining structures.

B.    SCALE.

Scale is the relationship between building size and the size of a human being. Large-scale buildings or building elements will look imposing to pedestrians if they are situated in a visual environment of smaller scale. The scale of the building elements should be carefully related to adjacent pedestrian areas and buildings.

Buildings should be designed so that the height and massing contributes to human-scaled pedestrian walkways and major public space.

C.    PROPORTION.

Proportion is the ratio or relative size of dimensions within a building. It can refer to specific details such as height to width of a window or door, or the relationship between the height and width of the entire facade. Proportion of buildings and components of buildings should, to the greatest extent possible, relate to dominant patterns within the immediate visual environment.

D.    STOREFRONTS AND WINDOW DISPLAYS.

Storefronts and window displays are vital in contributing to an interesting, lively pedestrian environment. Continuity of display windows is essential to creating a pedestrian shopping area. In contrast to shops oriented to the automobile, which must rely on large-scale signs, a shop on a pedestrian street can emphasize the quality of its goods in window displays which attract potential customers. Building design should maximize the exposure of visually interesting activities within the building along pedestrian-oriented walkways.

E.    GLARE AND REFLECTIONS.

Glare and reflections can seriously interfere with the visibility of window displays. Careful design can minimize glare to enable displays to communicate more effectively. Arcades, canopies, non-reflective paving and artificial illumination shall be utilized to overcome the problem of glare to the extent possible.

Building elevations with 50 percent or more of the building surface in glass or other reflective materials shall be limited to a maximum of 15 percent reflectivity for those materials. Building elevations with less than 50 percent of surface in glass or other reflective materials shall be limited to a maximum of 20 percent reflectivity for those materials.

F.    MASSING.

Building massing is the overall volumetric relationships of major building elements; building massing contributes significantly to overall building appearance and scale and will largely define the relationship of the building to its immediate visual environment and its place on the skyline of the City.

To lessen the appearance of excessive bulk, the following design techniques may be used: varying the planes of the exterior walls in depth and/or direction; varying the height of the building so that it appears to be divided into distinct massing elements; articulating the different parts of a building’s facade by use of color, arrangement of facade elements; and using landscaping and architectural detailing at the ground level to lessen the impact of an otherwise bulky building.

G.    SETBACKS.

Building setback has a distinct impact on the quality and scale of urban spaces. Creative use of setbacks along pedestrian-oriented streets helps to create a sense of enclosure and creates the opportunity for outdoor uses.

Such setbacks should include, but are not limited to, space for: plazas, pedestrian areas, outdoor eating spaces, and landscaped areas.

Olive Avenue setbacks, in particular, can be used for landscaped open areas because of the street’s diagonal orientation. New construction or major remodeling should employ corner setbacks or cutoffs where appropriate. Landscape setbacks shall be provided in proportion to the height and mass of the structure. Setbacks in excess of 150 feet shall provide emergency access in accordance with the City of Burbank Fire Department requirements.

All required setbacks on designated pedestrian corridors shall be accessible to pedestrians and designed with seating, landscaping and other amenities which promote pedestrian activity.

H.    MATERIALS AND FINISHES.

Depending upon specific design applications, a range of materials and finishes are appropriate within the Media District Overlay Zone. Primary building surfaces that are most appropriate include: concrete with fine exposed aggregate or sandblasted finish, metal, glass, stone or brick. Limited areas of finished wood or plaster may be appropriate in protected areas. Exterior finishes of buildings should contribute to a cohesive physical environment and should convey a sense of appropriateness to the Media District Overlay Zone. Materials and finishes should be selected for appropriateness, ease of maintenance and durability.

I.    COLOR.

Color dramatically affects the visual appearance of buildings and the Media District Overlay Zone as a whole; therefore, the colors used must be carefully considered in relation to the urban design concept and the overall design intent of the building. Color can also affect the apparent scale and proportion of buildings by highlighting architectural elements such as doors, windows, fascias, cornices, lintels and sills.

Depending on the overall color scheme, an accent color may be effective in highlighting the dominant color by providing contrast or by harmonizing with the dominant color. The accent color may be brighter, more intense, more subdued, lighter, or darker than the dominant color.

Contrasting colors may be used to accent building elements, such as door and window frames and architectural details at the pedestrian level. Contrasting colors can also be used to accent appropriate scale and proportion or to promote visual interest in harmony with the immediate environment.

J.    HARDSCAPE.

Hardscape elements are streetscape items such as paving, benches, shelters, fountains, light fixtures, and public art and other street furnishings. The following guidelines will apply to any hardscape elements that are located in private development areas.

The City will be implementing public improvements to define public-private site relationships. Private site streetscape improvements should be compatible with public right-of-way improvements.

Street furniture elements included within private developments should complement the street furnishings planned for adjoining public spaces. The relative sizes and design of private street furnishings shall be compatible with the building to which they relate. Street furnishings shall be constructed of durable, easily maintained material that will not fade, rust, rot or otherwise deteriorate. The furniture shall be maintained in good condition at all times.

K.    PAVED SURFACES.

In places where private and public paved areas join, such as plazas, outdoor cafes and gallerias, the surfaces of each should be compatible.

Paved surfaces on private property which abut public sidewalks or other pedestrian areas shall be extended into the public right-of-way whenever possible in order to minimize the perception of street width, and maximize the appearance of sidewalk width.

L.    WALL MURALS.

Wall murals should be used to enhance the environment and/or streetscape. Wall murals should be maintained in good visual condition throughout the life of the mural. [Added by Ord. No. 3224, eff. 2/16/91.]

DIVISION 8. TRANSPORTATION DEMAND MANAGEMENT

10-1-2132: PURPOSE:

A significant number of the work trips projected in the Media District Overlay Zone will be accommodated not by increasing the capacity of the street system but by reducing the demand for additional street capacity through transportation demand management. Transportation Demand Management (TDM) is the term for a wide range of strategies including ridesharing, vanpools, use of public transportation and shifts in work hours and schedules.

The purposes of requiring transportation demand management efforts are as follows: Minimize peak hour commute trips from new and existing employer development; Reduce the traffic impacts within the community and region with a reduction in the number of vehicles and total vehicle miles traveled; Reduce the vehicular emissions, energy usage, and ambient noise levels by a reduction in the number of vehicular trips, total vehicle miles traveled, and traffic congestion through a decrease in peak hour commute trips, as well as achieve and maintain a Level of Service (LOS) “D” on streets, arterials and highways; Minimize the percentage of employees traveling to and from work at the same time and during peak hour periods by encouraging modified work schedules; Promote or increase work-related transit use, ridesharing, and bicycling to minimize parking needs and to keep critical intersections from severe overload; Decrease the governmental economic costs of transportation improvements; and Maximize the use of commute modes other than single-occupancy vehicle through the use of Transportation Demand Management, Transportation Systems Management and Transportation Facilities Development (new and existing). [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2133: TRANSPORTATION MANAGEMENT ORGANIZATION (TMO):

Upon the effective date of this ordinance, employers with over 1,000 employees within the Media District shall form and/or maintain a Transportation Management Organization (TMO). By January 1, 1992, all employers and property owners subject to the trip reduction requirements of the Media District Overlay Zone set forth in Sections 10-1-2135, 10-1-2136 and 10-1-2137 shall be members of the TMO. The TMO shall be a private non-profit corporation. The TMO shall be housed within the District. Membership within the TMO, beyond the above mentioned organizations, shall be voluntary.

As long as the trip reduction goals of this plan are met, the City will not become a member of the TMO nor will the City require specific TDM measures for individual employers beyond those imposed in the following sections and those requirements which may be imposed by the City’s future citywide TDM Plan. However, the City reserves the right to revise the plan and its implementing ordinances as these regulate both the TMO and individual employers if the trip-reduction goals stated below are not met.

The TMO shall work with its membership to achieve the trip-reduction goals of this plan. The TMO shall report to the Community Development Director at least annually as to the programs and strategies of the TMO and its membership plus PM peak hour trip generation for all employers and developments subject to the TDM requirements of this plan to the satisfaction of the Director of Community Development. In addition to reporting the results of individual employers, the TMO shall report cumulative PM peak hour trip generation for all employers and developments subject to the TDM requirements of this plan to the satisfaction of the Director of Community Development.

Multi-family dwelling unit owners shall not be included in a TMO. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2134: TRANSPORTATION MANAGEMENT STRATEGIES:

The following paragraphs describe some of the transportation management strategies which may be used by Media District firms and developers to reduce peak hour commute trips as required by this plan.

A.    FLEX TIME AND MODIFIED WORK SCHEDULES.

Employers in the District may set up programs to modify the traditional 8:00 a.m. to 5:00 p.m. work schedules. An analysis of office requirements should be undertaken to determine what staff functions are best served before 8:00 a.m. and those that are needed after 5:00 p.m. to handle deliveries, late mail-outs, contact with the public, contacts with the East Coast, etc.

B.    VANPOOL PROGRAMS.

District employers, with possible assistance from the TMO, can implement vanpool programs. Van procurement, vanpool matching and vanpool fare subsidies are all examples of incentives and services employers could offer employees in their vanpool programs.

C.    CARPOOLS.

Employers may actively foster and monitor carpool formation. To encourage carpooling among its employees, the employer could provide matching information, free parking or preferential parking locations and other incentives to its employees to carpool. The TMO can assist employers in this effort. All employers who operate a carpool program will report program results to the TMO for its annual report to the City.

D.    TRANSIT RIDERSHIP AND BUS OPERATIONS.

Employers and/or the TMO may choose to promote programs to increase public transportation ridership. Such programs can include: transit route and schedule information, individual route planning and on-site transit pass sales.

Employers may also provide transit shelters or actual shuttle connections to various public transportation centers to make commuting by public transportation more convenient.

E.    SATELLITE PARKING.

Employers and/or the TMO may choose to provide required parking outside of the Media District at satellite locations linked to the District by reliable shuttle service. The Community Development Director shall approve applications for satellite parking according to procedures prepared by the Director. The Director’s decision shall be appealable according to the provisions of the Development Review section of the Burbank Municipal Code.

The land costs to create satellite parking lots and structures could pose a significant hurdle to the use of this option. Consequently, a portion of the transportation fees charged to future development may fund land acquisition at the transit centers in Burbank’s downtown and in the Golden State project area in order to assist those employers who can assign employees to park at these locations and take the shuttle into the Media District.

F.    NON-VEHICULAR COMMUTING.

Employers may encourage employees to walk or bicycle to work by providing bike racks, showers, locker rooms and offering monetary incentives for these non-vehicular means of commuting.

G.    PARKING MANAGEMENT.

Parking management includes various strategies in which parking policies and management are used as an incentive to rideshare or disincentive to commute alone. One of the simplest strategies is to provide carpools and vanpools with the most desirable parking spaces at a reduced rate or for free. A more comprehensive Parking Management program, however, might discourage driving alone through relatively high parking fees. Furthermore, instead of directly subsidizing parking costs, employers could offer Travel Allowances to their employees. The individual employees would have the option to decide whether to spend the Travel Allowance on parking or some other less expensive form of commuting such as carpooling, vanpooling or public transportation.

H.    MERCHANT TRANSIT INCENTIVES.

Media District merchants can offer merchandise discounts, parking validation, transit coupons, valet parking for ridesharers, secure bike lockers or other incentives to customers who arrive by public transportation, in carpools, vanpools or by non-vehicular modes.

I.    TELECOMMUTING.

Media District employers can institute telecommuting programs which allow certain employees to work at home or from off-site work centers at least one (1) or two (2) days a week. The Southern California Air Quality Management Plan proposes that telecommuting even one (1) or two (2) days a week could account for significant work trip reductions in the near future. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2135: EXISTING DEVELOPMENT:

As of January 1, 1991, firms employing more than 100 employees are already required by Regulation XV of the Air Quality Management District to submit and implement plans designed to achieve an average vehicular ridership (AVR) of 1.5, meaning 1.5 passengers per vehicle. The Air Quality Management Plan will eventually require all employers of 25 or more workers to achieve similar reductions. The Media District Overlay Zone makes similar requirements of these employers.

For the purpose of the Media District Overlay Zone, the trip reduction shall occur during the PM peak - from 4:00 p.m. to 6:00 p.m.

All firms with 25 or more employees shall report to the Burbank Media District TMO at least once per year on efforts made to reduce PM peak trips and the actual reduction achieved. The goal for all firms of 25 or more employees shall be a 9.5 percent reduction from the base rate in peak hour trips during the most recent five (5)-year period. The base rate is the generation rate for the peak (4:00 p.m. - 6:00 p.m.) as established by the City with support of the Institute of Traffic Engineers Trip Generation or through other methods provided by the Overlay Zone to establish office equivalency.

If this incremental goal is achieved, TDM alone will have reduced PM peak-hour trips by 32 percent assuming an increment of 6.8 million OEGSF over the next 20 years. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2136: NEW DEVELOPMENT:

Applicants for new development housing firms with 25 or more employees shall, upon occupancy, achieve the reduction in peak hour trip generation required of pre-overlay zone development in the year the building is occupied. For example, ten (10) years after adoption of the Overlay Zone, existing firms will have reduced peak hour trips by 19 percent. Therefore, any new development of a 25-employee or greater firm must achieve a peak hour trip generation 19 percent lower than the base rates of the plan in the first year of occupancy. Thereafter, these new developments shall achieve the average 9.5 percent reduction over the past five (5)-year period in order to meet the 38 percent reduction goal by the year 2010.

If the Project Buildout projections are exceeded, any firm employing 25 or more employees shall achieve peak hour trip generation rates that are 38 percent below the base rates in the first year of occupancy. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2137: APPLICABLE DEVELOPMENTS:

Firms which employ fewer than 25 employees but are located on property owned and occupied by firms with over 25 employees will be treated as part of the larger firm and subject to the trip-reduction and reporting requirements of this plan.

Buildings receiving a building permit after the effective date of this plan which include 25,000 office equivalent gross square feet or more shall be subject to the same trip reduction and reporting requirements as any firm of 25 or more people. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2138: TDM COORDINATOR:

All employers or developments subject to the requirements of this plan shall have an on-site, trained transportation coordinator. This coordinator will be responsible for implementing all trip reduction efforts. [Added by Ord. No. 3224, eff. 2/16/91.]

10-1-2139: ENFORCEMENT:

The Overlay Zone allows individual employers and the Transportation Management Organization to select the means of reducing peak-hour trips that are most effective and appropriate. The City will not impose specific trip-reduction activities as long as these goals are being met as indicated in the annual reports from the Transportation Management Organization.

Should the annual reports indicate that the trip-reduction goals are not being met, the City may impose specific trip-reduction activities on employers individually or collectively and/or use the enforcement provisions of the Burbank Municipal Code to compel compliance with trip-reduction requirements. [Added by Ord. No. 3224, eff. 2/16/91.]

DIVISION 9. NOISE NOTIFICATION

10-1-2140: NOISE NOTIFICATION:

A.    STUDIOS.

Written notice shall be given to the appropriate studio whenever any activity is proposed which may create noise levels which exceed 90 dB within 100 feet of studio property and shown in Figure 1. In addition, written notice shall be given of any activity involving jackhammers, and similar equipment which causes vibrations, within 500 feet of any studio. This notice shall be provided at least two (2) weeks in advance of the start of these activities. Permits for these activities shall not be granted without proof of this notice.

B.    NEIGHBORS.

Studios shall provide appropriate advance notice to surrounding residents when studio activities have the potential to adversely impact adjacent neighborhoods.

[Added by Ord. No. 3224, eff. 2/16/91].