Burbank Municipal Code § 10-1-624 Property Development Standards

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

A. This Division applies to the following projects:

1. Residential-only projects consisting of Multifamily Residential-Only uses in nonresidential zones when allowed pursuant to BMC Section 10-1-502.

2. Residential-only projects consisting of Multifamily Residential-Only uses in nonresidential zones when mandated subject to streamlined ministerial review pursuant to State law that preempts local requirements.

B. Residential additions to existing residential uses:

1. If one or more dwelling units are added to an existing single-family dwelling and the single-family structure is retained, all units on the lot, including the previously existing single-family dwelling, shall comply with the applicable requirements of this Division.

2. If one or more dwelling units are added to a property with an existing nonresidential use and the nonresidential use is retained, this Division shall not apply and instead, the project will be subject to Article 9, Division 4 (Mixed-Use Development in Nonresidential Zones).

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

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

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

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

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

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

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

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

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

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

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

A. STANDARDS TABLE.

All multifamily dwelling structures in the nonresidential zones shall be designed, constructed, and established in compliance with the requirements in Table 10-1-624(A) and all other applicable provisions of this Division and this Code, unless otherwise preempted by State law. Where the last column in the table includes a Section number, the referenced Section includes additional requirements related to the development standard. In the case of a discrepancy between the table or elsewhere in this Division, the requirements specified elsewhere in this Division supersede the conflicting standards.

Table 10-1-624(A) Development Standards for Residential-Only Uses in Nonresidential Zone

Notes/Additional Requirements:

1. Unless otherwise preempted by State law, the maximum density on a lot is based on total lot area. For the purposes of implementing this Division, if a street dedication or easement is required, maximum density shall be calculated using the size of the lot prior to the street dedication or easement. Unless otherwise preempted by State law, dwelling unit calculations, the number of allowed dwelling units is determined by rounding down to the nearest whole number even when the fraction is 0.5 or greater.

2. Unless otherwise permitted by State or Federal law, the maximum height limits also apply to free-standing structures other than buildings including antennas.

3. Public alleys and streets may be included in the required buffer distance.

4. Open design means that for each one (1) foot section of fence or wall, at least 50 percent of the surface area is open and provides direct views through the fence or wall.

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

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

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

B. FLOOR AREA RATIO.

All multifamily residential-only housing development projects (regardless of zoning designation) are not subject to maximum Floor Area calculations. If there are two or more structures on the lot, at least one residential and one nonresidential, the entire property is subject to the Mixed-Use standards in Article 9, Division 4.

C. LOT COVERAGE.

1. Lot coverage is calculated using the footprint of all covered structures with a height of six (6) feet, eight inches or more feet on the property except as exempted below, as measured from the exterior walls or the outside edge of supporting posts.

2. Cantilevered upper stories and balconies of up to five (5) feet are not included in the calculation of lot coverage. If the cantilevered portion is greater than five (5) feet or if the overhanging portion is supported from the ground, the entire cantilevered portion shall be included in the calculation of lot coverage.

3. The following structures are not included in the calculation of lot coverage:

a. Non-enclosed porches, patios, porte-cocheres, and similar non-enclosed covered spaces and structures. A space is considered non-enclosed if it is completely open on at least two (2) sides from the ground or floor level to a height of six (6) feet, eight inches above the ground or floor level.

b. Fully subterranean parking garages where the top of the roof deck is located at or below the average grade.

D. HEIGHT.

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

2. Roof and architectural features, including, but not limited to ornamental towers, spires, steeples, belfries and cupolas and roof appurtenances such as rooftop equipment, skylights, fire and parapet walls, chimneys, ventilating fans, antennas, tanks, flagpoles, penthouses or roof structures for housing elevator lofts, stairways, air conditioning or similar equipment, and other appurtenances usually required to be placed above a building to operate and maintain it, may exceed the maximum height, up to 15 additional feet, if a 45-degree angle as depicted in Diagram No. 1 is maintained. This 45-degree angle shall be drawn inwards from the intersection of setback required in Table A of Section 10-1-624 and maximum height allowed.

Diagram 1[Figure]

3. A height buffer is required from any single-family zoned lot. When adjacent or adjoining a single-family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 20 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining single-family zoned lot, unless otherwise preempted by State law. Please refer to Diagram 2 below:

Diagram 2[Figure]

Encroachments into the height buffer area are allowed for rooftop structures including: open patios, building mounted shade structures, arbors or trellis structures that are not supported from below, parapet walls, opaque balcony railings, and landscaping.

4. A height buffer is required from any multiple-family zoned lot. When adjacent or adjoining a multiple-family zoned lot, no architectural or roof features may project into an imaginary 45-degree plane for a distance of 25 feet from a point 35 vertical feet from grade at the intersection of the nearest property line of the adjacent or adjoining multiple family zoned lot, unless otherwise preempted by State law. Please refer to Diagram 3 below:

Diagram 3[Figure]

Encroachments into the height buffer area are allowed for rooftop structures including: open patios, building mounted shade structures, arbors or trellis structures that are not supported from below, parapet walls, opaque balcony railings, and landscaping.

5. A Conditional Use Permit is required for building or structure height greater than the maximum heights allowed in Subsections D(1) and D(2).

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

7. On lots that extend across multiple height zones listed in Subsection D(1), the portion of a structure within the distance requirement (e.g. less than 150 feet) shall meet the height requirement for that section (e.g. 40 feet). Should a structure extend beyond one (1) or more of the distance requirements, the portions of that structure within each distance requirement shall meet each applicable height requirement separately.

8. Except when used as enclosure of rooftop open space areas, parapets may not exceed six (6) feet in height above the intersection of the roof surface and the wall.

9. The ground floor of all buildings shall have a minimum height of 13 feet, as measured from the sidewalk elevation to the second story floor or roof if it is part of a one-story building.

10. Fully subterranean garages and fully subterranean basement floors are not counted towards the building height. For the purpose of this subsection, fully subterranean means below the average grade. Above-grade garages as defined in Section 10-1-624(J) shall be counted towards building height.

E. YARD SETBACKS AND ENCROACHMENTS.

1. The minimum required setbacks for all yards are specified in Table 10-1-624(A).

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

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

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

b. When abutting or adjacent to single-family zoned lots, above-grade parking structures shall be set back 20 feet from the residential property line. When abutting or adjacent to multiple family zoned lots, above-grade parking structures shall be set back ten (10) feet from the residential property line. Public rights-of-way may be used in this calculation. For setbacks for surface parking lots, see Article 14, Division 4 of this Chapter.

4. Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified in Table 10-1-624(E). Encroachment distances are measured from the minimum required setback line inclusive of any applicable required buffers and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.

Table 10-1-624(E) Encroachments Into Yard Areas

Notes:

(1) Water heater and equipment closets that are built-in to a structure or enclosed by structural walls may not encroach into any required setback area.

(2) Any encroachment that projects into the public right of way shall be subject to Encroachment Permit requirements.

5. Bicycle parking is allowed within required yards specified in Table 10-1-624(A), provided that it is in conformance with all provisions of the Burbank Municipal Code and any other applicable objective design and development standards issued by the City.

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

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

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

b. Hardscape is limited to a driveway leading directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible, pedestrian pathways, and encroachments specifically permitted in Table 10-1-624(E). For the purposes of this Subsection, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious surfaces.

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

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

e. In required front and exposed side yards, a minimum of one (1) tree shall be planted for every 40 linear feet of street frontage or fraction thereof. Turf is allowed in up to 50 percent of required landscaped areas. In shrub areas, a minimum of one five (5) gallon shrub is required for every ten (10) square feet of shrub area.

f. A minimum of 50 percent of required trees shall be a minimum 36-inch box size, with the remainder a minimum 24-inch box size. The required 36-inch box trees shall be equally distributed in required front or street side yards.

g. If trees are planted in planters, the planters shall have a minimum length and width of five (5) feet.

h. No vehicle may be parked at grade in a required front yard or street-facing side yard.

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

a. The minimum required street-facing side yard setback for the rear 30 feet of the reversed corner lot is equal to the minimum required front yard setback of the key lot.

b. Encroachments into the street-facing side yard setback for the rear 30 feet of the reversed corner lot are equal to the encroachments permitted into the front yard of the key lot.

F. BUFFER AREA.

1. Notwithstanding the setback encroachments specified in Table 10-1-624(E), a 20-foot buffer area shall be provided in any side or rear yard that abuts or is adjacent to a single family zoned property and a 10-foot buffer shall be provided in any side or rear yard that abuts or is adjacent to a multiple family zoned property. The buffer area is measured from the property line of the single-family or multiple-family zoned property perpendicular to such property line, and includes public streets and alleys.

a. The buffer distance establishes the minimum setback line for the yard or yards in which it is provided, unless the buffer setback line is closer to the multifamily property line than the otherwise required minimum setback. Except as provided in this Subsection, no encroachments by structures or objects are permitted into the buffer area beyond the allowable encroachments listed in Table 10-1-624(E) or as listed in Subsection 10-1-624(F)(2) below.

b. The additional setback resulting from the buffer area required for this section shall not apply to the 15-foot additional height allowed for roof and architectural features and appurtenances within a 45-degree incline plane established in Subsection D. The setback plane for those rooftop features is established by required setback in Subsection D(2) through D(4).

c. When the subject property abuts or is adjacent to a single-family or multiple-family zoned lot, a five (5) foot strip of the open space which lies adjacent to the residentially zoned lot shall be landscaped. This landscaping is intended to provide screening between the different zones.

2. The Buffer area may contain the following uses:

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

b. The buffer area may contain pedestrian pathways.

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

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

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

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

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

3. With the exception of the allowable uses listed in 10-1-624(F)(2) above, the remaining portion of the buffer area located on the subject property shall be landscaped as provided in Section 10-1-624(N).

G. PLANE BREAKS AND MODULATION.

1. The following plane breaks shall be required for all street-facing elevations:

a. A plane break shall be provided along each street-facing facade exceeding 50 feet in width. The plane break shall be of at least 10 percent of the facade width or 20 feet, whichever is greater. The break depth shall be at least 5 feet for each elevation of each story under 40 feet in height and shall be open to the sky. Break dimensions are measured perpendicular to the plane of the wall.

b. At least 15% of the area of the first 40 feet of building height visible to the street, including features such as recessed balconies or building forms, shall be recessed by a minimum of 5 feet.

2. For buildings above 40'-0'' in height, any portion of primary wall above 40'-0'' facing the street shall be recessed by an additional 5 feet from the required setback. Encroachments into this 5-foot offset are allowed as specified in Table 10-1-624(E). Please refer to Diagram 4 below:

Diagram 4[Figure]

3. Plane breaks shall be provided on each structure on the lot.

4. Balconies, entries, and porches or portions thereof that are recessed into the building facade may be utilized to satisfy the plane break requirements. Balconies, entries, and porches or portions thereof that project from the building facade may not be utilized to satisfy the break requirements.

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

1. Fences, walls, and hedges.

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

b. The maximum allowed height of fences, walls, and hedges is as specified in Table 10-1-624(A).

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

d. Ornamentation on top of fences, walls, and hedges in the front yard may exceed the maximum allowed height for fences, walls, and hedges up to 18 inches above the actual height of the fence, wall, or hedge or up to a maximum height of five (5) feet, six (6) inches. All ornamentation features shall be spaced a minimum of four (4) feet apart, as measured on center. In all other yards, ornamentation may not exceed the maximum allowed height for fences, walls, and hedges.

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

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

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

h. Enforcement of nonconforming fences, walls, and hedges established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

2. Other yard features.

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

3. Retaining walls.

a. Retaining walls located within front yard areas are limited to a maximum height of four (4) feet per wall.

b. Additional retaining walls shall be setback a distance equivalent to the height of the retaining wall below as measured from the face of the retaining wall below.

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

d. Enforcement of nonconforming retaining walls established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

4. Exceptions. Exceptions from the requirements of this Subsection (H) (including the applicable requirements of Section 10-1-1303 referenced herein) may be granted by the Building Official when required by the Building Code for health or safety purposes or when required by State Law.

I. PARKING AREAS AND DRIVEWAYS.

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

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

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

4. Tandem parking spaces may be used only as designated parking for units providing more than one (1) parking space. Tandem Spaces shall be no less than eight (8) feet, six (6) inches wide and no less than 36 feet deep.

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

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

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

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

9. Onsite driveways shall be no less than 10 feet wide and shall remain clear and unobstructed by any structural elements or vegetation. Driveways located at the street-facing elevation of a structure shall not exceed 18 feet in width and all other driveways shall not exceed 20 feet width. For projects with less than 200 feet of street frontage, a maximum of 1 two-lane driveway shall be permitted for each street frontage. For sites with more than 200 feet of street frontage, a maximum of 2 two-lane driveways shall be permitted for each street frontage.

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

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

12. Unbundled Parking:

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

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

J. PARKING GARAGES.

1. Parking garage shall be understood to be the same as a parking structure for the purpose of this Division.

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

3. Parking garages that exceed the height requirement for a semi-subterranean garage as described above are considered above-grade garages.

4. Portions of above-grade garages and semi-subterranean parking garages that extend above the ground surface on a front or street-facing side yard elevation shall be completely screened by a permanently irrigated landscaped berm or climbing vine wall or a decorated perforated metal screen. Any such feature is subject to the height limitations set forth in Table 10-1-624(A).

5. All garage openings on a front or street-facing side yard elevation shall provide access to a common parking area for multiple units or shall provide access to a common driveway that serves individual parking garages. Such openings may not serve a separate parking garage for an individual unit.

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

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

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

9. Setback requirements for all types of parking garages are contained in Section 10-1-624(E)(3).

K. PRIVATE OPEN SPACE.

1. Private open space areas shall be located outside the interior living space of a structure.

2. Private open space areas shall satisfy the minimum dimensions specified in Table 10-1-624(A).

3. Each individual private open space area shall be enclosed by an enclosure at least 42 inches tall. Such enclosure shall be opaque if located above the ground level and located on the building elevation directly facing a residentially zoned property.

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

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

6. If located on multiple levels, each level of private open space shall individually satisfy the minimum dimensions required by Table 10-1-624(A).

7. Front and street-facing side yards may be utilized for private open space. Balconies used for private open space may encroach as permitted in Table 10-1-624(E). Interior side and rear yards may be utilized for private open space so long as the open space is provided at grade and minimum dimensions are satisfied.

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

9. The sum of all roof decks on a single building shall not exceed a maximum coverage of 50 percent of the roof area.

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

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

12. When provided on the ground level, private open space areas shall be landscaped as provided in Section 10-1-624(N).

L. COMMON AREAS AND AMENITIES.

1. The following requirements apply to all amenities and common areas:

a. At-grade interior side and rear yard areas, inclusive of required buffer areas, may be utilized for common area requirements so long as all minimum dimensions are satisfied.

b. All portions of all common areas shall be accessible to all tenants and useable for recreational purposes.

c. Rooftop amenities, including amenities located at the top of above-grade garages, may be utilized to satisfy common area requirements. Rooftop amenity areas shall be located no closer than 25 feet to a lot zoned for residential use or a lot with existing residential development. Rooftop open space shall be screened by an opaque parapet wall at least six (6) feet tall on the side facing a lot zoned for residential use or a lot with existing residential development. Such parapet shall be set back at least five (5) feet from the exterior face of the building on each elevation, or as required by the height buffer established by this Section.

c. All amenities shall be permanently installed as part of the project, unless otherwise approved by the Director.

d. Outdoor common areas shall be at least 80 percent open to the sky with no overhanging structural elements, including balconies or canopies. Any portions of common areas located on the roof shall be at least 50% open to sky.

e. Within outdoor common areas, all hardscape shall be brick, tile, or another permanent decorative material.

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

2. On-site amenities shall be provided as follows. Any of the amenity items listed below may be substituted with a comparable amenity subject to approval by the Director.

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

b. For projects with 21 to 99 units, two (2) different items from Subsection (a) and one (1) additional item from the following: children’s indoor or outdoor play area or sandlot, dog park, lap pool, handball court, volleyball area, basketball court, activity room, sauna, or putting green.

c. For projects with 100 or more units, two (2) different items from Subsection (a), one (1) item from Subsection (b), and one (1) additional item from the following: in-ground or above-ground swimming pool including rooftop pools, tennis court, permanently equipped gym or exercise room with a minimum area of 300 square feet, personal dog grooming area with a minimum area of 200 square feet, a library with a minimum area of 500 square feet, a conference room with a minimum area of 400 square feet, or a community room with a kitchenette with a minimum area of 400 square feet, indoor or outdoor edible garden or greenhouse with a minimum area of 500 square feet.

M. PEDESTRIAN CIRCULATION.

1. Pedestrian circulation paths shall be provided to connect the following on-site and off-site locations and features:

a. Common building/project entries and individual unit entries

b. Parking garages and surface parking areas

c. Bicycle parking areas

d. Common areas including play areas, recreation areas, and sitting areas

e. Trash collection areas

f. Public sidewalks

g. Transit stops

2. Pedestrian paths shall have a minimum width of 60 inches and shall be improved with a decorative paved surface, brick, pavers, or similar material approved by the Director.

3. If a pedestrian path is included on one (1) or more sides of a vehicle driveway, access aisle, or parking area, such path shall be differentiated from the vehicle circulation area by a change in color, material, and/or texture.

N. LANDSCAPING.

Landscaping shall be provided for every lot, yard, open space area, and parking area as provided in this Subsection. For the purposes of this Subsection, “landscape area” means an area covered with soil and planted with trees, shrubs, turf/lawn, or other vegetation, including permanent planters.

1. A minimum percentage of the area of each lot shall be landscape area as specified in Table 10-1-624(A). All landscape area, including landscaping within common areas, but excluding required landscaping within required front and street-facing setbacks, may be used to satisfy this requirement.

2. When abutting or adjacent to a single-family zoned property, a minimum of 10% of each required rear and interior side yard area shall be landscape area.

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

a. 12 inches for areas planted with drought-tolerant ground cover

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

c. 4 feet for planters or areas planted with trees

4. Each planter and landscape area shall have no dimension or diameter less than three (3) feet.

5. All required common areas located outdoors shall be landscaped as follows:

a. Outdoor common areas shall have a minimum of 10% of area covered by landscaping. If common areas are provided in more than one (1) area, each individual area shall provide the minimum percentage of landscape area.

b. All landscape areas within outdoor common areas shall be accessible by pedestrians.

c. Trees shall be provided in outdoor common areas at a rate of one (1) tree per 600 square feet of open space area, subject to rounding up to the nearest whole number. If outdoor common area is provided in more than one (1) area, the number of required trees shall be calculated using the collective total of outdoor common area. The required number of trees may be distributed among the outdoor common areas at the discretion of the applicant with Director approval.

d. At least one half (1/2) of the required trees shall be at least 36-inch box size. All other trees shall be at least 24-inch box size.

6. All required private open space areas shall be landscaped if located on the ground level. At least 10% shall be landscaped.

7. All buffer areas required by Section 10-1-624(F) shall be landscaped as follows:

a. All non-hardscaped areas within the buffer area shall be landscaped.

b. At least one 36-inch box tree shall be provided every 15 linear feet along any lot line that abuts or is adjacent to a single-family zoned property.

c. If the buffer area is used to satisfy an outdoor common area requirement, the landscaping and trees may also be counted toward satisfying the outdoor common area landscaping and tree requirements.

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

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

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

O. BUILDING ORIENTATION AND DESIGN.

1. All structures shall be oriented to the street by providing entries, windows, architectural features, and/or balconies on front and street-facing side yard elevations.

2. Along any street-facing elevations, windowless expanses of walls shall not exceed 20 feet in linear length for each habitable story of the structure.

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

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

a. Doors, windows, or other building openings.

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

c. Varying wall planes where the wall plane projects or is recessed at least six inches.

d. A permanently attached trellis or functionally similar architectural feature for landscaping.

e. A mural or public art attached to the building wall, if approved to fulfill Art in Public Places requirements pursuant to Section 10-1-1114.

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

a. Variation in exterior building wall color.

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

c. Commercial, residential or directional signs.

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

6. Shade Structures.

a. Shade structures may project up to two-thirds of the sidewalk width, when approved through an encroachment permit.

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

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

7. Arcades.

a. Arcades shall be located behind the minimum setback.

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

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

d. The facade within the arcade shall meet the ground floor transparency requirements referenced in subsection Q.

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

P. MATERIALS AND COLORS.

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

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

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

Q. WINDOWS AND AWNINGS.

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

2. At least 25 percent of the ground floor area (height and width) of each street-facing facade shall be windows or entrance doors. Those buildings on lots with 75 feet or less of street frontage which are built to the street property line shall have a minimum 35 percent of the building facade on the ground floor devoted to window treatment.

3. Street-facing facades shall incorporate glass providing views into the lobby, common area, or amenity areas. The minimum transparency is as follows:

a. Ground floor: 15%

b. Overall Facade: 10%

4. Ground floor transparency is measured as the percentage of building frontage that consists of transparent openings between a height of 2 feet and 10 feet above sidewalk elevation.

5. The following requirements apply to all awnings, if used:

a. Awnings may not extend downward to cover more than 25 percent of a window face.

b. Vinyl, plastic, and ribbed metal awnings are prohibited.

R. ROOF DESIGN AND MASSING.

1. Roof mansards and parapets, when used, shall continue around all building elevations, whether or not they are visible from the street.

S. ENTRIES AND PORCHES.

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

2. All entrances shall be recessed a minimum of 30 inches from the building face.

3. No unit or project entry may open directly onto a parking area, driveway, or other vehicle circulation area. This requirement is not intended to prohibit secondary entries that provide access from a private garage that serves the individual unit.

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

T. BALCONIES AND STAIRWAYS.

1. Balconies shall be a minimum of three (3) feet deep. When used to satisfy the private open space requirement, balconies shall be a minimum of five (5) feet deep.

2. Balconies on elevations that abut or are adjacent to residentially zoned properties or properties that contain a residential use shall be enclosed by a solid opaque wall no less than five (5) feet tall.

3. Exterior stairways: enclosures or landscape barriers shall be provided wherever there is less than seven (7) feet vertical clearance below stairs.

U. TRASH COLLECTION AREAS.

1. All multifamily dwelling projects shall provide a designated on-site trash and recycling collection area.

2. Projects with four (4) or more dwelling units shall provide a designated on-site trash and recycling collection area no smaller than seven (7) feet by eight (8) feet, unless an alternate size is approved by the Public Works Department. When located outside of a structure, the collection area shall be covered and enclosed on three (3) sides by a masonry wall no less than six (6) feet tall and have a solid permanent metal gate(s). Doors and gates of trash enclosures cannot swing out into any public right-of-way or required vehicle aisle or maneuvering area.

3. Trash bins and enclosures shall not be located in any required front or street side yard area.

4. If the lot abuts an alley, the trash bin and/or trash enclosure shall be directly accessible from the alley.

V. LIGHTING.

1. Lighting shall be provided in all common areas including, but not limited to: parking garages, outdoor parking areas, common areas, pedestrian paths, stairways, and hallways.

2. Outdoor lighting fixtures shall be shielded and positioned and directed so as not to shine or cause glare onto adjacent properties or public rights-of-way.

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

W. OTHER FEATURES.

1. Venting/Exhaust:

Residential Vents shall be directed to the roof. If physically impossible to be directed to the roof, vents shall be routed through the wall and screened with a decorative vent cap.

2. Gutters and Downspouts:

Gutters and Downspouts shall be integrated into the building, or an architectural feature so that it is not publicly visible or located on a non-street facing facade.

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

a. Shall not be located in the required street/front yard or street facing side yard setback, unless fully undergrounded.

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

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

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

X. SIGNS.

1. Sign standards for multifamily residential-only developments in nonresidential zones are subject to the R-3/R-4 sign requirements in Section 10-1-1011.

2. One additional wall-mounted sign per building frontage may be installed, not to exceed the combined area of 2 square feet for each linear foot of that building frontage. The sign shall not extend beyond any point above the parapet height or lower than thirteen (13) feet above adjacent sidewalk.

Y. OTHER OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS.

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