ARTICLE 19. ZONING PROCEDURES AND AMENDMENTS

DIVISION 1. GENERAL PROVISIONS

10-1-1901: INAPPLICABILITY OF FORMAL RULES OF EVIDENCE, ETC.:

The provisions of Section 65010 of the Government Code of the State of California relating to evidence and procedure in planning and zoning matters are adopted by reference and shall apply to hearings under this article. [Formerly numbered Section 31-211; Amended by Ord. No. 3259, eff. 8/10/91; 3058.]

10-1-1902: CONTINUING HEARINGS:

Any hearing conducted under this article may be continued from time to time. In the absence of a quorum, the Secretary, on behalf of the Planning Commission, and the City Clerk, of behalf of the Council, may continue a hearing to the next regular meeting. [Formerly numbered Section 31-212; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2193.]

10-1-1903: PROCEDURAL RULES FOR CONDUCT OF HEARINGS:

All hearings held pursuant to the provisions of this chapter shall be conducted in accordance with the following procedure:

1. The officer presiding at any such hearing shall announce the nature of the matter under consideration and, if notice of hearing is required, shall inquire as to whether the applicable provisions as to notice have been complied with.

2. Any written communications pertaining to the matter under consideration, including staff or other recommendations, shall be read or summarized and made a part of the record if relevant.

3. Persons in favor of the matter under consideration shall then be heard, followed by those who are opposed.

4. Thereafter a reasonable opportunity shall be given for rebuttal testimony. [Added by Ord. No. 2333; Formerly numbered Section 31-212.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1904: RECORD OF HEARINGS IN CONTESTED MATTERS:

A record shall be made and duly preserved of all hearings when a matter is contested and a request therefor is made in writing prior to the date of any such hearing accompanied by a deposit sufficient to cover the cost of making such record. A copy of the record of any such hearing shall be made available at cost to any person requesting the same. [Added by Ord. No. 2333; Formerly numbered Section 31-212.2; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1905: CITY ATTORNEY TO PREPARE RESOLUTIONS, ETC.:

All resolutions and other formal actions of the Council and Planning Commission required by this article shall be prepared by the City Attorney and shall set forth conditions of termination and revocation as well as conditions of approval, if any. [Formerly numbered Section 31-213; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22;.]

10-1-1906: EXTENSION OF NONUSER:

The Planning Commission may extend the time within which a Variance or Conditional Use Permit must be utilized if application for an extension is made before the nonuser period has expired. Consideration of the issue of whether or not an extension should be granted shall be made in accordance with the procedures set forth in Division 3 of Article 19 of this Code in all cases involving a Variance and in Division 4 of Article 19 of this Code in all cases involving a Conditional Use Permit. [Formerly numbered Section 31-214; Renumbered by Ord. No. 3058; amended by Ord. No. 22-3,983, eff. 12/16/22; 3067.]

10-1-1907: FILING FEES:

Every application or filing for any entitlement or request described in this article shall be accompanied by the appropriate fees designated in the Burbank Fee Resolution. No application or filing shall be deemed complete unless such fees have been paid. [Formerly numbered Section 31-215; Renumbered by Ord. No. 3058, eff. 2/21/87; 2930.]

DIVISION 1.5. APPEALS

10-1-1907.1: APPLICABILITY:

This Division provides procedures for appeals of decisions on project applications for all land use entitlements and permits processed pursuant to the provisions of this Article. This includes applications for entitlements and permits that are established in other Articles of this Chapter, but which refer to this Article for processing procedures. The appeal procedures of this Division also apply to applications for second dwelling unit permits as established in Division 3.5 of Article 6 of this Chapter. Any hearing before the Planning Commission and/or the City Council shall be conducted as a de novo hearing. In the event a zoning application sets forth a specific procedure which differs from this Division, the specific procedure shall apply. [Added by Ord. No. 3701, eff. 9/16/06. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-1907.2: APPEAL OF DIRECTOR’S DECISION:

A. DECISION PROCEDURE.

1. A decision that requires the Director to approve, conditionally approve, or deny a project application may be appealed to the Planning Commission as provided in this section. A Director’s decision is not final unless and until the specified appeal period passes and no appeal is filed, or all appeals are withdrawn per Subsection (E).

2. If an appeal of a Director’s decision is filed, the Planning Commission must hold a de novo hearing to consider and act on the project application and appeal pursuant to the procedures established for each application type.

B. PERSONS WHO MAY APPEAL.

1. Any person, including the project applicant, may appeal a decision by the Director to approve, conditionally approve, or deny a project application.

2. If a Planning Commission member files an appeal, the Planning Commission member may not participate as a decision maker in the Planning Commission public hearing.

3. If a City Council member files an appeal, the Council member may not participate as a decision maker in the City Council public hearing if the Planning Commission’s decision on the project application is subsequently appealed to the City Council, whether or not the Council member appeals the Planning Commission decision.

4. Although individual Planning Commission and City Council members may file appeals as individuals, the Planning Commission and City Council are not authorized as bodies to appeal or otherwise request to review a Director’s decision.

C. TIME AND MANNER OF APPEAL.

1. An appeal of the Director’s decision must be submitted by 5:00 p.m. on the 15th day following the date that the Director’s decision is issued. If the 15th day following the Director’s decision date occurs on a day when City offices are closed, the appeal must be submitted by 5:00 p.m. on the next day that City offices are open.

2. An appeal must be submitted in person to the office of the Planning and Transportation Division on a form provided by the City Planner, and must include a statement of the reasons for the appeal. Mailed, emailed or faxed appeal forms will not be accepted.

3. The form must be accompanied by the appeal fee specified in the City of Burbank Fee Resolution, as may be amended from time to time, except that Planning Commission and City Council members are not required to pay the appeal fee.

D. MULTIPLE APPEALS.

1. No one should forego filing an appeal in reliance on another individual’s appeal. Anyone who objects to a Director’s decision, or any conditions placed upon a conditional approval, should file an appeal to ensure that its concerns are heard in the event that other appeals are withdrawn per Subsection (E).

2. Multiple individuals may collectively act as one appellant, and submit a single appeal form with a single set of reasons for appeal. In such case, payment of only one (1) appeal fee is required, and the appellants may divide the cost of the fee among themselves at their discretion.

3. Alternatively, multiple individuals may act as individual appellants, and each file its own individual appeal form. In such case, payment of the full appeal fee is required for each individual form submitted.

4. All appeals filed, whether on one (1) appeal form or multiple forms, must be considered together at a single hearing and acted upon by the Planning Commission at the same time.

E. WITHDRAWAL OF APPEAL.

1. Any person who has filed an appeal may withdraw the appeal as a matter of right, until the City Planner has scheduled the Planning Commission hearing. In such case, an appeal may not be withdrawn on or after the 20th day prior to the scheduled Planning Commission hearing.

2. A request to withdraw an appeal must be submitted in person to the office of the Planning and Transportation Division in writing and signed by the appellant. Mailed, emailed or faxed requests for withdrawal will not be accepted.

3. If multiple individuals collectively submitted a single appeal form, all individuals signing the appeal form must sign and submit a written request to withdraw the appeal within the time specified in Subsection (1) for the appeal to be considered withdrawn.

4. If all appeals are withdrawn and no subsequent appeals are filed within the times specified in Subsections (C) and (F), then the application will be removed from the Planning Commission scheduled agenda, and the Planning Commission will not consider or act upon the application. The Director’s decision thereafter becomes final and may not be further appealed.

F. SECONDARY APPEAL PERIOD.

1. Upon the withdrawal of an appeal (and only if no other appeals remain outstanding), a secondary ten (10)-day appeal period shall automatically commence to provide an additional opportunity to appeal (the “Secondary Appeal Period”).

2. The first day of the Secondary Appeal Period is the latter of the following: 1) first day after the appeal was withdrawn, whether or not that day is a business day, or 2) the first day after the expiration of the initial 15-day appeal period provided in Subsection (C), whether or not that day is a business day. The latter date only applies to those appeals which are withdrawn during the initial appeal time period.

3. Appeals submitted during the Secondary Appeal Period must be submitted in accordance with this Section, including but not limited to the 5:00 p.m. deadline for the filing of any appeal. If the last day of the Secondary Appeal Period occurs on a day City offices are closed, then the last day for filing shall be extended to 5:00 p.m. on the next day that the City offices are open.

4. Appeals submitted during this Secondary Appeal Period may be withdrawn in accordance with Subsection (E); however, only one (1) Secondary Appeal Process is allowed on any application. Withdrawal of an appeal made during the Secondary Appeal Period will not lead to any additional appeal periods.

5. Notice of the Secondary Appeal Period will be provided to any person who requests in writing such notice. A request shall be made to the City Planner on any individual application at any time; however, only those individuals on record at the time of a withdrawal that triggers a Secondary Appeal Period shall receive notice. Notice may be provided in the manner specifically requested (telephone or electronic mail), and must also be posted at the City Planning Division counter. Additional notice may be provided through any other additional means deemed appropriate by the Director. [Added by Ord. No. 3701, eff. 9/16/06. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-1907.3: APPEAL OF PLANNING COMMISSION’S DECISION:

A. DECISION PROCEDURE.

1. A decision that requires the Planning Commission to approve, conditionally approve, or deny a project application, including when such decision is in response to an appeal of a Director decision, may be appealed to the City Council as provided in this section. A Planning Commission decision is not final unless and until the specified appeal period passes and no appeal is filed, or all appeals are withdrawn per Subsection (E).

2. If an appeal of a Planning Commission decision is filed, the City Council must hold a de novo hearing to consider and act on the project application and appeal pursuant to the procedures established for each application type.

B. PERSONS WHO MAY APPEAL.

1. Any person, including the project applicant, may appeal a decision by the Planning Commission to approve, conditionally approve, or deny a project application.

2. If a City Council member files an appeal, the Council member may not participate as a decision maker in the City Council public hearing.

3. If a City Council member filed an appeal of the Community Development Director’s decision on the same application to the Planning Commission, the Council member may not participate as a decision maker in the City Council public hearing, whether or not the Council member also appealed the Planning Commission decision.

4. In lieu of individual City Council members filing appeals as individuals, the City Council may as a body vote to review a Planning Commission decision per Subsection (F).

C. TIME AND MANNER OF APPEAL.

1. An appeal of a Planning Commission decision must be submitted by 5:00 p.m. on the 15th day following the date that the Planning Commission adopts the resolution regarding the decision. If the 15th day following the Planning Commission resolution date occurs on a day when City offices are closed, the appeal must be submitted by 5:00 p.m. on the next day that City offices are open.

2. An appeal must be submitted in person to the office of the Planning and Transportation Division on a form provided by the City Planner, and must include a statement of the reason(s) for the appeal. Mailed, emailed or faxed appeal forms will not be accepted.

D. MULTIPLE APPEALS.

1. No one should forego filing an appeal in reliance on another individual’s appeal. Anyone who objects to a Planning Commission decision, or any conditions placed upon a conditional approval, should file an appeal to ensure that its concerns are heard in the event that other appeals are withdrawn per Subsection (E).

2. Multiple individuals may collectively act as one appellant and submit a single appeal form with a single set of reasons for appeal. In such case, payment of only one appeal fee is required, and the appellants may divide the cost of the fee among themselves at their discretion.

3. Alternatively, multiple individuals may act as individual appellants, and each file its own individual appeal forms. In such case, payment of the full appeal fee is required for each individual form submitted.

4. All appeals filed, whether on one (1) appeal form or multiple forms, must be considered together at a single hearing and acted upon by the City Council at the same time.

E. WITHDRAWAL OF APPEAL.

1. Any person who has filed an appeal may withdraw the appeal as a matter of right until the City Council hearing has been scheduled. In such case, an appeal may not be withdrawn on or after the 20th day prior to the scheduled City Council hearing.

4. If all appeals are withdrawn and no subsequent appeals are filed within the time specified in Subsections (C) and (G), then the application will be removed from the City Council scheduled agenda, and the City Council does not consider or act upon the application. The Planning Commission’s decision thereafter becomes final and may not be further appealed.

F. CITY COUNCIL REVIEW.

1. As an alternative to the appeal process, the City Council may as a body vote to set the matter for a public hearing and conduct the hearing in the same manner as an appeal. Any City Council member may request that the City Council consider setting the matter for a hearing. This alternative review process applies to all applications which can be appealed from Planning Commission to the City Council.

2. Such request to set a matter for a hearing must be made on or before the 15th day following the date that the Planning Commission adopted the resolution regarding the decision.

3. The request to set a matter for hearing must be made orally during the appropriate time at a City Council meeting. In the event that no City Council meeting is scheduled between the date of the Planning Commission resolution and the 15th day thereafter, such request must be submitted in writing to the City Clerk, signed by an individual Council member. No fees shall be required under this process.

4. After a request is made per Subsection (3), the City Clerk must place the matter on the next regular City Council meeting agenda for consideration by the City Council. The meeting need not occur by the 15th day following the Planning Commission resolution date.

5. If a City Council member filed an appeal of the Director’s decision on the same application to the Planning Commission, that Council member may not submit a request for City Council review and may not participate as a decision maker if the Council considers whether to hold a public hearing in response to a request for review.

6. At the time the matter is heard by the City Council, the Council must vote whether to hold a hearing to review the Planning Commission’s decision. If a majority of Council members vote to review the Planning Commission’s decision, a public hearing must be scheduled. The hearing is de novo, and the Council considers the application in the same manner as if an appeal had been filed.

(7) If the Council fails to set the application for a hearing and no appeals are filed within the time specified in Subsection (C), there is no City Council hearing and the City Council does not consider or act upon the application. The Planning Commission’s decision thereafter becomes final and may not be further appealed.

G. SECONDARY APPEAL PERIOD.

DIVISION 2. DEVELOPMENT REVIEW

10-1-1908: PURPOSE:

Development Review is intended to preserve stability of existing residential neighborhoods, provide suitable living environments, promote quality of design in commercial and industrial development as well as multi-family residential development, promote orderly, attractive and harmonious development, facilitate a balance of housing types and values, prevent deterioration of local air quality, and to ensure that traffic demands do not exceed the capacity of streets. Through the combined resources of public input, environmental impact analysis, and municipal code enforcement, Development Review is also intended to coordinate growth and to control the erection of structures so that compatibility is maintained between new development and existing residential neighborhoods, and so that the performance standards of this chapter are maintained and implemented.

Furthermore, Development Review is intended to expedite and streamline the building permit process. By gathering information at the earliest possible stage and exchanging that information between the property owner/developer and the City staff, the performance standards of this chapter can be maintained and implemented at the earliest stages of the development process. The Process is divided up into four (4) procedures: 1) for Projects which are of statewide, regional, or area-wide significance; 2) for projects in multiple family residential zones; 3) for non-residential projects within 150 feet of single family zoned property; and 4) for all other Projects, except as provided by section 10-1-1909.E. and Article 19, Division 12, commencing with Section 19300 et seq., all Projects in the fourth category are processed through a ministerial Development Review process. [Added by Ord. No. 3190; Formerly numbered Section 31-216; Amended by Ord. No. 22-3,964, eff. 2/4/22; 3702, 3701, 3676, 3633, 3485, 3307, 3058.]

10-1-1908.5: ENVIRONMENTAL REVIEW:

A. PROJECTS OF STATEWIDE, REGIONAL, OR AREA WIDE SIGNIFICANCE.

Projects meeting the criteria in California Environmental Quality Act (“CEQA”) Guidelines Section 15206, and as amended from time to time, shall be deemed to be of statewide, regional, or areawide significance, and shall be processed in accordance with this division. In addition to the following requirements, the Project shall undergo environment assessment pursuant to CEQA because such Projects may significantly impact the environment. Pursuant to this process, additional conditions required to mitigate adverse environmental effects may be imposed.

B. MULTIPLE FAMILY RESIDENTIAL PROJECTS AND CERTAIN NON-RESIDENTIAL PROJECTS.

Each application for Development Review for:

1. any multiple family project (in accordance with Section 10-1-631.;

2. a non-residential project within 150 feet of property zoned R-1, R-1-H; shall be deemed a “project” pursuant to the CEQA and shall be subject to a review of its potential impact on the environment as set forth in Title 9 Chapter 3 of this Code and by this Section. Prior to any decision regarding project approval, a determination of the project’s status under CEQA shall be made in accordance with the provisions of CEQA. If it is determined that the project is not exempt from CEQA, an Initial Study shall be prepared to evaluate the significance of potential impacts and to identify appropriate mitigation measures. All subsequent determinations and processes shall be made and followed in conformity with the provisions of CEQA. Prior to approving the Development Review application, all notice and appeal procedures for environmental decisions shall be followed in accordance with Title 9 Chapter 3 of this Code. The Director shall approve any Negative Declaration or certify any Environmental Impact Report prior to approval of such Development Review application. [Amended by Ord. No. 3810, eff. 6/10/11; 3702, 3701, 3676, 3633, 3485, 3307.]

10-1-1909: SUBMISSION OF DEVELOPMENT REVIEW:

Applications for Development Review shall be processed as provided in this section.

A. PREAPPLICATION CONFERENCES.

Prior to filing an application for Development Review, the applicant may meet with the Director or their designee to discuss possible development design and dedication requirements, applicable processing procedures, and other information the Director may require. In order to determine the information needed for application submittal, the Director may share the preapplication information with other City departments.

B. APPLICATION SUBMITTAL.

Applicant shall submit an application for Development Review, including the application fee in an amount designated by the Burbank Fee Resolution and as amended from time to time, and all other information required by the Director or designee.

C. COMPLETION AND ACCEPTANCE OF PLANS FOR PROCESSING.

Not later than 30 calendar days after application submittal, the Director or designee shall determine whether such application is complete and accepted for processing. In the event the application is determined not to be complete, the Director/designee shall transmit such determination in writing to the applicant. The determination shall specify those parts of the application which are incomplete and shall indicate the manner in which such application may be made complete. After the Director accepts an application as complete, the Director shall not subsequently require a developer to furnish any new or additional information which was not required as a part of the application; provided that nothing shall limit the Director from requesting additional information from the applicant to complete the project’s environmental review pursuant to CEQA. The Director may, in the course of processing the application, require the developer to clarify, amplify, correct, or otherwise supplement the information required for the application. In the event the Director’s decision to approve or deny a Development Review application is appealed to the Planning Commission or further appealed to the City Council, the Director may require the applicant to provide revised project plans prior to the Planning Commission and/or City Council hearing that demonstrate compliance with Code and/or conditions of approval imposed by the Director. Conditions of approval may require additional information to be submitted in conjunction with future applications for project construction.

D. DEVELOPMENT REVIEW PROCEDURES.

The Director shall prepare, and regularly maintain procedures to implement this division and assist the public understanding of the Development Review process, and to assist applicant preparation of adequate plans for submittal. These procedures may provide for alternative processing requirements for minor projects that the Director or designee finds conform to the requirements of the Code and which are consistent with adopted plans and policies of the City.

E. STREAMLINED MINISTERIAL APPROVAL PROCESS.

Development projects submitted pursuant to California Government Code Sections 65913.4 and 65912.100, as may be amended from time to time, and projects that otherwise require streamlined ministerial review, shall be processed through a streamlined ministerial approval process as outlined in Article 19, Division 12, entitled STREAMLINED MINISTERIAL APPROVAL PROCESS, commencing with Section 19300, et. seq. [Added by Ord. No. 3190; formerly numbered Section 31-217; amended by Ord. No. 23-3,995, eff. 7/7/23; 23-3,993; 22-3,983; 22-3,694, 3810, 3702, 3701, 3587, 3485, 3307, 3058.] [City of Burbank v. Burbank-Glendale-Pasadena Airport Authority (1999) 72 Cal. App. 4th 366, 375, 85 Cal.Rptr.2d 28]

10-1-1909.1: COMMUNITY MEETING:

A. PURPOSE AND INTENT.

This Section requires the Director to host a community meeting prior to making a decision regarding a Development Review application. The purpose and intent of the community meeting is to provide information to the public about a proposed project and to receive comments from persons who would potentially be affected by the project. Because Development Review applications are acted upon by the Director without a public hearing, the community meeting provides an opportunity for the public to become involved in the project review process and to share concerns directly with the Director prior to action being taken on a Development Review application.

B. MEETING PROCESS.

1. Prior to making a decision on a Development Review application, the Director must hold a community meeting. The meeting must be open to the general public and conducted at a time and location that is convenient for public attendance. The Director may create rules, regulations, and procedures to govern meeting activities and conduct.

2. The project applicant and/or their representative must attend the community meeting. The applicant’s role in the meeting is to present the proposed project to the members of the public at the meeting, to answer questions about the project, and to listen to the comments and concerns from the public with the intent of working with the Director to address those concerns when necessary and appropriate.

3. The Director may not make a decision regarding the application, or any conditions to be placed upon a conditional approval, at the meeting. The meeting is not a public hearing and is not subject to the requirements of the Brown Act.

4. In the event a Development Review application is being processed in conjunction with another application that requires a Planning Commission or City Council hearing pursuant to Section 10-1-1909.2(c), the community meeting must be held prior to the public hearing.

C. NOTICE OF MEETING.

Notice of the community meeting must be mailed to the same individuals receiving mailed notice of the Director’s decision pursuant to Section 10-1-1909.2(B). The public notice for the community meeting and the notice of Director’s decision may be combined into a single mailed notice. The meeting notice must be mailed no less than ten (10) business days prior to the community meeting. [Added by Ord. No. 3702, eff. 9/16/06; Amended by Ord. No. 22-3,983, eff. 12/16/22; 13-3,844, 3701.]

10-1-1909.2: DIRECTOR’S DECISION:

A. DIRECTOR APPROVAL.

Within a reasonable time after the Development Review application has been accepted as complete, the community meeting required by Section 10-1-1909.1 has occurred, any appropriate environmental assessment has been completed, and after Public Notice of the Development Review application has been provided as required by this section, the Director shall approve, conditionally approve, or disapprove the application. The Developer shall be notified of the Decision of the Director and shall be provided with a copy of the Director’s approval showing any deficiency or conditions. The notice may be given by first class mail, postage prepaid or by any such other means as the Director may deem appropriate. Unless appealed, the decision of the Director shall be final.

B. PUBLIC NOTICE.

Prior to the Director’s decision on a Development Review application, Public Notice of the proposed project, the Director’s pending decision on the application, and appeal information shall be mailed to surrounding property owners and occupants within 1000 feet of the project site. Such notice shall be mailed no less than ten (10) business days prior to the scheduled Director’s decision date. Additionally, one four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than ten (10) business days prior to the scheduled Director’s decision date. If circumstances require, the Director’s decision may occur on a date later than the date provided in the public notice. The decision may not occur on a date earlier than the date provided in the public notice. At the discretion of the Community Development Director, the applicant may be exempt from the on-site sign requirement if the Director determines either that a sign cannot adequately be placed on-site or that the applicant is a charitable non-profit organization.

C. ALTERNATIVE DECISION PROCESS.

In the event a Development Review application is being processed in conjunction with another application that requires a decision by the Planning Commission or City Council, the Development Review application must be processed in conjunction with the other application and acted upon by the Planning Commission or City Council, as the case may be, concurrent with the other application. In such cases, the Director does not act upon the application. [Added by Ord. No. 3702, eff. 9/16/06; Amended by Ord. No. 22-3,983, eff. 12/16/22; 13-3,844, 3701.]

10-1-1910: APPEAL OF DIRECTOR’S DECISION:

A. RIGHT OF APPEAL.

The Director’s decision regarding a Development Review application may be appealed pursuant to Section 10-1-1907.2. The appeal shall specify the action or decision appealed and the reasons why the person filing the appeal believes the action or decision appealed from should not be upheld. In the event the Director’s decision occurs on a date later than the date provided in the public notice, the appeal period shall be measured from the date that the decision actually occurred, and not the date provided in the notice.

B. HEARING DATE AND NOTICE OF HEARING.

Upon the filing of an appeal, the Director shall set the Development Review application for hearing before the Planning Commission within a reasonable time after the date of filing the appeal. Notice of the time and place of the hearing, including a general description of the location of the property involved in the Development Review application, shall be given at least ten (10) business days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation in the City. Such notice shall also be given by mailing, through the United States mail, to the Developer and to each person designated in any appeal to receive such notice, every person filing with the Director a written request for a notice with respect to the Development Review application, and each person previously mailed notice of the Development Review application.

C. DECISION OF PLANNING COMMISSION.

The hearing before the Planning Commission shall be de novo. Within 30 days following the conclusion of the hearing, the Planning Commission shall render its decision on the appeal. Unless appealed, or set for hearing by the City Council, the decision of the Planning Commission is final. [Added by Ord. No. 3190; Formerly numbered Section 31-218; Amended by Ord. No. 22-3,983, eff. 12/16/22; 13-3,844, 3702, 3701, 3587, 3307, 3264, 3058.]

10-1-1911: APPEAL OF PLANNING COMMISSION’S ACTION:

A. RIGHT OF APPEAL.

The Planning Commission’s decision regarding a Development Review application may be appealed pursuant to Section 10-1-1907.3. The appeal shall specify the action or decision appealed and state the reasons why the action or decision appealed from should not be upheld.

B. HEARING DATE AND NOTICE OF HEARING.

Upon the filing of an appeal, the City Clerk shall set the Development Review application for hearing before the City Council within a reasonable time after the date of filing the appeal. Notice of the time and place of the hearing, including a general description of the location of the property involved in the Development Review, shall be given at least ten (10) business days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation in the City. Such notice shall also be given by mailing, through the United States mail, to the developer and to each person designated in any appeal to receive such notice, every person filing with the Director or designee a written request for notice with respect to the Development Review application, and each person previously mailed notice of the appeal hearing held by the Planning Commission.

C. DECISION OF CITY COUNCIL.

The hearing before the Council shall be de novo. At the conclusion of the hearing on the application, the Council shall render its decision on the appeal within 30 days following the conclusion of the hearing. The decision of the Council shall be final. [Added by Ord. No. 3190; Formerly numbered Section 31-219; Amended by Ord. No. 22-3,983, eff. 12/16/22; 13-3,844, 3702, 3701, 3307, 3264, 3058.]

10-1-1912: REQUISITES FOR APPROVAL:

A. All projects. Except for those Development Review applications which require additional findings as set forth herein, a Development Review application shall be approved if the Director or if appealed, the Planning Commission or City Council, finds that the application/project is consistent with all provisions of this Code. Any application not meeting code may be approved with conditions that assure code compliance.

B. Multiple Family Projects. Development Review applications for all projects in Multiple Family Residential Zones are also subject to the Neighborhood Character and Compatibility requirements in Section 10-1-631. That section is incorporated herein by this reference.

C. Non-residential projects within 150 feet of single family zoned property. Development Review applications for non-residential projects within 150 feet of single family zoned property shall be approved if the Director, or if appealed, the Planning Commission or City Council finds:

1. All provisions of the Code will be satisfied.

2. The environmental document prepared for this project was considered prior to project approval and found to satisfy the requirements of CEQA.

3. The project, as conditioned, will not have a significant adverse effect on the environment; or, that any remaining significant effects are acceptable due to overriding considerations as provided by CEQA.

4. The following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and surrounding property is protected from adverse effect:

a. Facilities and improvements.

b. Vehicular ingress, egress and internal circulation.

c. Setbacks.

d. Height of buildings.

e. Location of services.

f. Walls.

g. Landscaping.

h. Lighting.

i. Signs.

D. Regionally Significant Projects. Projects/applications which meet the criteria identified in Section 10-1-1908.5, shall comply with additional conditions required to mitigate adverse environmental effects.

E. Conditions. For Development Review applications subject to Subsections (B),(C), and (D), if the Director finds that minor revisions to a project are needed to satisfy the requirements, the Director may approve the application subject to conditions of approval. If the Director finds that an application does not meet the requirements or that major revisions to a project are needed to satisfy the requirements, the Director may disapprove the application. Any conditions imposed must be deemed to be appropriate or necessary to assure compliance with the requirements of Subsections (B), (C), and (D); the intent and purpose of the Burbank Municipal Code; or to protect the public health, safety or welfare.

The owners of the land may be required to execute a covenant running with the land, in a form approved by the City Attorney, which shall contain the conditions imposed and shall be recorded in the Office of the County Recorder. The Director shall issue releases from such covenants when such covenants are no longer applicable to a property. [Added by Ord. No. 3190; Formerly numbered Section 31-1913; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3702, 3701, 3676, 3633, 3485, 3307, 3264, 3058.]

10-1-1913: TERMINATION OF DEVELOPMENT REVIEW APPROVAL:

Development Review approval shall terminate within one (1) year of the date of approval unless:

1. An application for building permit is filed prior to the termination date, and

2. The building permit application or approved building permit does not expire. If such approval is appealed or a moratorium is imposed, time spent during the appeal or moratorium process shall not be counted toward this termination or toward applicable time limits for the review and processing of development permits. [Added by Ord. No. 3190; Formerly numbered Section 31-1914; Amended by Ord. No. 3701; eff. 9/16/06; 3702, 3485, 3307, 3058.]

10-1-1914: APPLICABILITY AND EXEMPTIONS:

Approval of a Development Review application shall be required prior to the issuance of any building, grading, or demolition permit for any project in any zone unless the project is specifically exempted by this Section or other provisions of this Chapter. The following classes of projects are exempt from Development Review:

1. Single family residential construction projects in a single family residential zone;

2. Interior remodeling of an existing structure provided, such remodeling does not include a change in use;

3. Additions to or new construction of a single family home including accessory structures thereto on a multiple family zoned lot used for single family residential purposes;

4. Additions to or detached accessory structures to any existing non-residential structure which do not exceed 1,000 square feet in gross floor area;

5. Additions to or detached accessory structures to any existing multiple family residential structure that do not 1) exceed 500 square feet in gross floor area, 2) add any dwelling units to an existing project, or 3) add any bedrooms to an existing unit so as to require one (1) or more additional parking spaces;

6. Minor revisions to a project as determined by the Director which previously received Development Review Approval and where such approval has not expired;

7. Demolition of buildings when determined by the Director or designee to be beneficial to the public health, safety or general welfare; or, when such demolition is not done in preparation for a building permit subject to Development Review; and

8. Minor projects which the Director determines to be highly consistent with adopted plans of the City and in compliance with the Code. [Added by Ord. No. 3190; Formerly numbered Section 31-1914; Amended by Ord. No. 3701, eff. 9/16/06; 3702, 3485, 3307, 3058.]

10-1-1915: APPEAL TO CITY PLANNER IF BUILDING PERMIT ISSUANCE IS DENIED AND PROJECT EXEMPT FROM DEVELOPMENT REVIEW:

In the event a project applicant is denied a building permit for a project which is otherwise exempt from the provisions of Development Review, and the denial of the permit is based on zoning code violations which an applicant feels do not apply to its project due to its legal nonconforming use status or otherwise, an applicant may appeal that decision to the City Planner. The applicant shall request a meeting before the City Planner or its designee for a final determination on the applicability of that zoning provision on the project. The meeting will be held no later than 15 days after a formal request for a meeting pursuant to this section is requested in writing with the City Planner. The City Planner shall make a determination within ten (10) days of the meeting. The determination shall be final. No applicant may file a relevant court case until the City Planner determination has been issued. [Originally deleted by Ord. No. 3307, eff. 9/25/92; Added by Ord. No. 3676, eff. 8/16/05; Amended by Ord. No. 3701, eff. 9/16/06; 3702.]

DIVISION 3. VARIANCE

10-1-1916: PLANNING COMMISSION MAY GRANT VARIANCE:

The Planning Commission shall have the authority, subject to the applicable provisions of this division, to grant a Variance from the provisions of this chapter on such terms and conditions as may be in harmony with its general purposes and intent, so that the spirit of this chapter will be observed, public welfare and safety secured, and substantial justice done. [Formerly numbered Section 31-225; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2246.]

10-1-1917: REQUIREMENTS FOR VARIANCE GENERALLY:

Before a Variance may be granted, except as otherwise specifically provided, it shall be shown and the Planning Commission must find that:

1. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other property or classes of use in the same vicinity and zone.

2. The Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, possessed by other property owners under like conditions in the same vicinity and zone but which is denied to the property in question.

3. The granting of the Variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the property is located.

4. The granting of the Variance will not be contrary to the objectives of the General Plan. [Formerly numbered Section 31-226; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2246.]

10-1-1918: VARIANCE FROM SIGN REGULATIONS:

A. Variances from the provisions of Sections 10-1-1004 through 10-1-1014 of Article 10 of this chapter regulating signs may be granted by the Planning Commission. In order to achieve a thematic and harmonious design, all of the signs on the property (the “sign program”) shall be part of the Variance application and considered in the Variance determination, even if some of the individual signs comply with the sign regulations.

B. Before granting a sign Variance, the Planning Commission, upon such terms and conditions as it may reasonably determine, shall find that:

1. The sign is in proportion to the structure or property to which it relates.

2. The sign has balance and unity among its external features so as to present a harmonious appearance.

3. The sign will be compatible with the style or character of existing improvements upon adjacent property.

4. The sign is not contrary to the objectives of the General Plan or the objectives of any applicable specific or master plans.

C. In addition to the Variance requirements of Subsection (B) above, in MPC-1, MPC-2, and MPC-3 zones, signage that is proposed as part of a sign program Variance application should be pedestrian oriented and scaled, visually appealing, and appropriate to the design of the building. Alternatively, a sign Variance may be granted for the purpose of deviating from the pedestrian oriented theme of the area. Signage which is intended to be primarily seen by motorists, and may therefore need to be larger in size than otherwise permitted, may be approved if it is determined that the proposed sign, and elements thereof, are consistent with the scale of the building and site, and compatible with adjacent buildings and uses. [Added by Ord. No. 2246; Formerly numbered Section 31-226.1; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3700, 3365, 3058.]

10-1-1919: LIMITATIONS ON GRANTING VARIANCE:

No Variance shall be granted which is contrary to the public interest or permits a use that is expressly prohibited. [Formerly numbered Section 31-227; Renumbered by Ord. No. 3058, eff. 2/21/87; 2246.]

10-1-1920: APPLICATION FOR VARIANCE:

Application for a Variance shall be made as follows:

1. On forms prescribed by the Planning Commission and furnished by the City Planner.

2. Signed by the owner of the property or their duly authorized agent and sworn to by declaration or before a notary public.

3. Filed with the City Planner.

4. Submitted with a site plan and a drawing showing elevations of the proposed development or use. [Formerly numbered Section 31-228; Renumbered by Ord. No. 3058; amended by Ord. No. 22-3,983, eff. 12/16/22; 3190.]

10-1-1921: CITY PLANNER SETS HEARING AND GIVES NOTICE:

The City Planner shall set the application for a public hearing by the Planning Commission and give notice of the hearing as follows:

1. The hearing shall be held as soon as possible after the filing of the application.

2. Notice of the hearing shall be in such form as may be prescribed by the Planning Commission and shall contain the time and place of the hearing, the location of the property, and the Variance requested.

3. Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

4. Notice shall also be mailed, postage prepaid, as least ten (10) business days before the hearing to owners of property and occupants within a radius of 1000 feet of the exterior boundaries of the property for which the Variance is requested.

5. One four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than ten (10) business days prior to the scheduled hearing. [Formerly numbered Section 31-229; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 15-3,868, 13-3,844; 3587, 3020, 2941, 2930, 2193.]

10-1-1922: CITY PLANNER TO INVESTIGATE AND REPORT:

The City Planner shall investigate the application and report to the Planning Commission at the time of the hearing. Their report shall include proposed findings and a recommendation including conditions, if any, if a building permit was applied for and denied, they shall include the reason for its denial. [Formerly numbered Section 31-230; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2941, 2930, 2193.]

10-1-1923: ENVIRONMENTAL IMPACT REPORT:

No Variance which may have a significant effect on the environment shall be granted pursuant to the provisions of this division until an environmental impact report is prepared, processed and considered in accordance with the provisions of Article 1, Title 9 Chapter 3, of this Code, unless the Variance is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; Formerly numbered Section 31-230.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1924: ACTION OF THE PLANNING COMMISSION:

The Planning Commission may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing. The decision of the Planning Commission shall be final unless appealed or set for a hearing by the Council. [Formerly numbered Section 31-231; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1925: DECISION OF PLANNING COMMISSION:

The decision, including the findings of the Planning Commission, shall be mailed to the applicant and reported to the Council according to procedures established by the City Planner and approved by the City Manager. [Formerly numbered Section 31-232; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2961.]

10-1-1926:

[Formerly numbered Section 31-233; Renumbered by Ord. No. 3058, eff. 2/21/87; 2961; Deleted by Ord. No. 3701, eff. 9/16/06.]

10-1-1927: APPEAL TO COUNCIL:

The Planning Commission’s decision regarding a Variance application may be appealed pursuant to Section 10-1-1907.3. [Formerly numbered Section 31-234; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 22-3,983, eff. 12/16/22; 301, 3587, 2961.]

10-1-1928: CITY CLERK GIVES NOTICE OF HEARING:

The City Clerk shall give notice of the hearing as follows:

1. The hearing shall be held as soon as possible after the filing of the appeal.

2. Notice of the hearing shall be in such form as may be prescribed by the Council and shall contain the time and place of the hearing, the location of the property and the Variance requested.

3. Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

4. Notice shall also be mailed, postage prepaid, at least ten (10) business days before the hearing to owners of property and occupants within a radius of 1000 feet of the exterior boundaries of the property for which the Variance is requested. [Formerly numbered Section 31-235; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 13-3,844, eff. 11/22/13; 3587, 3020.]

10-1-1929: ACTION OF COUNCIL AFTER HEARING:

The Council may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing. The resolution shall contain the Council’s findings and shall require the affirmative votes of at least three (3) Council members if the Planning Commission’s decision is modified or reversed. The City Clerk shall mail a copy of the resolution to the applicant. [Formerly numbered Section 31-236; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2370.]

10-1-1930: EXISTING VARIANCES:

Variances granted prior to the effective date of this division shall continue in effect until revoked or otherwise terminated under the provisions of this chapter. Any such existing Variance which was granted for a period of one (1) year subject to the right of the applicant to request renewal for additional one (1)-year periods shall continue in full force and effect from year to year unless terminated by the Planning Commission, and any such termination shall be effective as of the end of the successive one (1)-year period in which the action is taken. [Formerly numbered Section 31-237; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2302.]

10-1-1931: REAPPLICATION:

A. No person shall reapply for a similar Variance on the same land or for the same structure within one (1) year from the date the previous application was denied unless:

1. The denial was without prejudice;

2. The Planning Commission waives the one (1) year waiting period by the affirmative vote of not less than three (3) of its members; or

3. In case the application was heard by the Council, the Council also waives the one (1) year waiting period by the affirmative vote of not less than three (3) of its members.

B. Not withstanding the provisions of Section 10-1-1920 of this division, no fee shall be required upon reapplication for a Variance hereunder if denial of the previous application was without prejudice or if the decision-making body which denied such previous application waives the waiting period, and, for good cause shown by the applicant upon reapplication, also waives the payment of such fee. [Formerly numbered Section 31-238; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2774.]

10-1-1932: TERMINATION OF VARIANCE:

A Variance shall terminate when any one (1) or more of the following occur:

1. The Variance is not used within the time specified as granted or extended, or if no date is specified within one hundred 180 days from the granting of the Variance.

2. The Variance has been abandoned or discontinued for six (6) consecutive months, or the owner of the property files a declaration with the City Planner that the Variance has been abandoned or discontinued.

3. The Variance has expired.

4. The Variance is brought into conformity with the provisions of this chapter due to a zone change or other amendment, or to development of the property.

5. The Variance is revoked as provided in Section 10-1-1933 of this division. [Formerly numbered Section 31-239; Renumbered by Ord. No. 3058, eff. 2/21/87; 2941, 2930, 2193.]

10-1-1933: REVOCATION:

The Council may, after 20 days’ notice by mail to the record owner of the property and a public hearing, revoke a Variance on any one (1) or more of the following grounds:

1. That the Variance was obtained by fraud or misrepresentation.

2. That the Variance has been exercised contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation not excused by the Variance.

3. That the use permitted by the Variance is being or has been so exercised as to be detrimental to the public health, welfare or safety or so as to constitute a nuisance. [Formerly numbered Section 31-240; Renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 4. CONDITIONAL USE PERMIT

10-1-1934: PURPOSE:

The Conditional Use Permit is intended for land use which requires special consideration before allowed in a particular zone because of the following reasons: size of the area needed for development of the use; unusual traffic, noise, vibration, smoke or other problems incidental to the use; special location requirements not related to zoning; or to the effect the use may have on property values, health, safety and welfare in the neighborhood or community. The Conditional Use Permit will assure that the degree of compatibility, made one of the purposes of this chapter, shall be maintained with respect to the particular use on the particular site giving consideration to the other existing and potential uses within the general area in which such use is located or proposed to be located. [Formerly numbered Section 31-241; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1935: AUTHORITY TO GRANT CONDITIONAL USE PERMIT:

The Planning Commission or Council, as hereinafter provided, may grant a Conditional Use Permit on such terms and conditions as may be in harmony with the general intent and purposes of this chapter if it is shown that the granting of such permit would be consistent with the purposes of this chapter and the General Plan and would serve the public health, convenience, safety and welfare. [Formerly numbered Section 31-242; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1936: REQUIREMENTS FOR CONDITIONAL USE PERMIT:

The Planning Commission or Council in granting a Conditional Use Permit must find that:

1. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by this chapter.

2. The use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.

3. The use will be compatible with other uses on the same lot, and in the general area in which the use is proposed to be located.

4. The site for the proposed use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls, fences, landscaping and other features required to adjust the use to the existing or future uses permitted in the neighborhood.

5. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.

6. The conditions imposed are necessary to protect the public health, convenience, safety and welfare. [Formerly numbered Section 31-243; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2604, 2370, 2221.]

10-1-1937: CONDITIONS:

Conditions imposed by the Planning Commission or Council may include:

Regulation of use.

Special yards, spaces and buffers.

Fences and walls.

Surfacing of parking areas subject to City specifications.

Street, service road or alley dedications and improvements or appropriate bonds.

Regulation of points of vehicular ingress and egress.

Regulation of signs.

Landscaping and landscape maintenance.

Other maintenance of the grounds.

Regulation of noise, vibration, odors, etc.

Regulation of time for certain activities.

Time period within which the proposed use shall be developed.

Duration of use.

Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes of this chapter. [Formerly numbered Section 31-244; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1938:

[Added by Ord. No. 2768; Formerly numbered Section 31-244.1; Deleted by Ord. No. 3557, eff. 10/28/00; 3457, 3058, 2859.]

10-1-1939 AND 1940: SECTION NUMBER RESERVED:

[This section repealed by Ord. No. 3259, eff. 8/10/91.]

10-1-1941: APPLICATION FOR CONDITIONAL USE PERMIT:

Applications for a Conditional Use Permit shall be made as follows:

1. On forms prescribed by the Planning Commission and furnished by the City Planner.

2. Signed by the owner of the property or their duly authorized agent and sworn to by declaration or before a notary public.

3. Filed with the City Planner.

4. Submitted with a site plan and elevation of the proposed development or use. [Formerly numbered Section 31-245; Renumbered by Ord. No. 3058; amended by Ord. No. 22-3,983, eff. 12/16/22; 3190, 2941, 2930, 2820, 2616, 2193.]

10-1-1942: CITY PLANNER SETS A HEARING AND GIVES NOTICE:

The City Planner shall set the application for a public hearing by the Planning Commission and give notice of the hearing as follows:

1. The hearing shall be held as soon as possible after the filing of the application.

2. Notice of the hearing shall be in such form as may be prescribed by the Planning Commission and shall contain the time and place of the hearing and the location and proposed use of the property for which the Conditional Use Permit is requested.

3. Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

5. One four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than ten (10) business days prior to the scheduled hearing. [Formerly numbered Section 31-246; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 15-3,868, 13-3,844, 3587, 3020, 2941, 2595, 2193.]

10-1-1943: CITY PLANNER INVESTIGATES AND REPORTS:

The City Planner shall investigate the application and report to the Planning Commission at the time of the hearing. Their report shall include proposed findings and a recommendation including conditions, if any. [Formerly numbered Section 31-247; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2941, 2930, 2193.]

10-1-1944: ENVIRONMENTAL IMPACT REPORT:

No Conditional Use Permit which may have a significant effect on the environment shall be granted pursuant to the provisions of this division until an environmental impact report is prepared, processed and considered in accordance with the provisions of Article 1, Title 9 Chapter 3 of this Code, unless the Conditional Use Permit is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; Formerly numbered Section 31-247.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1945: HEARINGS ON PLANNED RESIDENTIAL DEVELOPMENT:

A. ACTION OF PLANNING COMMISSION.

If the application is for a Planned Residential Development, the Planning Commission may recommend approval, approval with conditions, or disapproval of the application by resolution within 30 days after the conclusion of the hearing.

B. RECOMMENDATION OF PLANNING COMMISSION.

The recommendation of the Planning Commissionplanning commission shall be mailed to the applicant and sent to the City Clerk.

C. CITY CLERK SETS HEARING.

The City Clerk shall set the application for a public hearing as soon as possible after receiving the Planning Commission’s resolution. [Formerly numbered Section 31-248; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2961.]

10-1-1946: HEARINGS ON OTHER CONDITIONAL USES:

A. ACTION OF PLANNING COMMISSION.

If the application is for a conditional use other than a Planned Residential Development, the Planning Commission may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing.

B. DECISION OF PLANNING COMMISSION.

The decision, including the findings of the Planning Commission, shall be mailed to the applicant and reported to the Council according to procedures established by the City Planner and approved by the City Manager. The decision of the Planning Commission shall be final unless appealed or set for a hearing by the Council.

C. APPEAL.

The Planning Commission’s decision regarding a Conditional Use Permit application for a conditional use other than a Planned Residential Development may be appealed pursuant to Section 10-1-1907.3. [Formerly numbered Section 31-249; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3701, 3587, 2961.]

10-1-1947: CITY CLERK GIVES NOTICE OF HEARING:

When the Council sets a Conditional Use Permit application for a public hearing the City Clerk shall give notice of the hearing as follows:

1. Notice of the hearing shall be in such form as may be prescribed by the Council and shall contain the time and place of the hearing and the location and proposed use of the property for which the conditional use is requested.

2. Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

3. Notice shall also be mailed, postage prepaid, at least ten (10) business days before the hearing to owners of property and occupants within a radius of 1000 feet of the exterior boundaries of the property for which the Conditional Use Permit is requested. [Formerly numbered Section 31-250; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 13-3,844, eff. 11/22/13; 3587, 3020.]

10-1-1948: ACTION OF COUNCIL AFTER HEARING:

The Council may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing. The resolution shall contain the Council’s findings and shall require the affirmative votes of at least three (3) Council members if the Planning Commission’s recommendation or decision is modified or reversed. The City Clerk shall mail a copy of the resolution to the applicant. [Formerly numbered Section 31-251; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2370.]

10-1-1949: MINOR REVISIONS TO SITE PLAN AFTER HEARING:

The Planning Commission may without further hearing approve minor revisions to a site plan after a Conditional Use Permit is granted if the revisions in no way violate the intent, standards or conditions of the permit or the zone in which the property is located. [Formerly numbered Section 31-252; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1950: REAPPLICATION:

A. No person shall apply for a similar Conditional Use Permit on the same land within one (1) year from the date the previous application was denied unless:

1. The denial was without prejudice;

2. The Planning Commission waives the one (1) year waiting period by the affirmative vote of not less than three (3) of its members; or

3. In case the application was heard by the Council the Council also waives the one (1) year waiting period by the affirmative vote of not less than three (3) of its members.

B. Notwithstanding the provisions of Section 10-1-1941 of this division, no fee shall be required upon reapplication for a Conditional Use Permit hereunder if denial of the previous application was without prejudice or if the decision-making body which denied such previous application waives the waiting period, and, for good cause shown by the applicant upon reapplication, also waives the payment of such fee. [Formerly numbered Section 31-253; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2774.]

10-1-1951: TERMINATION OF CONDITIONAL USE PERMIT:

A Conditional Use Permit shall terminate when any one (1) or more of the following occur:

1. The permit is not used within the time specified in the Conditional Use Permit as granted or extended, or if no date is specified within 180 days from the granting of the permit.

2. The permit has been abandoned or discontinued for six (6) consecutive months or the owner of the property files a declaration with the City Planner that the Conditional Use Permit has been abandoned or discontinued.

3. The permit has expired.

4. The permit is revoked as provided in Section 10-1-1952 of this division. [Formerly numbered Section 31-254; Renumbered by Ord. No. 3058, eff. 2/21/87; 2941, 2930, 2193.]

10-1-1952: REVOCATION:

The Council may, after 20 days’ notice by mail to the record owner of the property and a public hearing, revoke a Conditional Use Permit on any one (1) or more of the following grounds:

1. That the Conditional Use Permit was obtained by fraud or misrepresentation.

2. That the Conditional Use Permit has been exercised contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation not excused by the Conditional Use Permit.

3. That the conditional use is being or has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. [Formerly numbered Section 31-255; Renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 4.1. ADMINISTRATIVE USE PERMITS

10-1-1954: INTENT AND PURPOSE:

It is the intent of the City of Burbank to create an Administrative Use Permit (AUP) process for those land use situations where there is a need to exercise limited discretion under certain designated types of circumstances. The purpose of an Administrative Use Permit is to allow the Community Development Director to exercise this limited discretion and control in those land use situations where the type of permitted use is generally less intrusive and out of character with the surrounding neighborhood than are those uses for which a Conditional Use Permit is required. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.20; Renumbered by Ord. No. 3058.]

10-1-1955: AUTHORITY TO GRANT ADMINISTRATIVE USE PERMIT:

The Community Development Director or their designee, as hereinafter provided, may grant an Administrative Use Permit on terms and conditions that are harmonious with the general intent and purposes of this chapter so long as it is shown that the granting of such permit will be consistent with the purposes of this chapter and the General Plan and will serve the public health, convenience, safety and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.21; Renumbered by Ord. No. 3058.]

10-1-1956: REQUIREMENTS FOR ADMINISTRATIVE USE PERMIT:

Except as otherwise specified in this Code, in granting an Administrative Use Permit, the Director shall find that:

1. The use applied for at the location set forth in the application is properly one for which an Administrative Use Permit is authorized by this Code;

2. The use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;

3. The use will be compatible with other uses in the general area in which the use is proposed to be located;

5. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use; and

6. The conditions imposed are necessary to protect the public health, safety, convenience and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.22; Renumbered by Ord. No. 3058.]

10-1-1957: CONDITIONS:

Except as otherwise provided in this Code, the Director may impose the same conditions on an Administrative Use Permit as are allowed to be imposed on a full Conditional Use Permit pursuant to BMC Section 10-1-1937. Any condition imposed will be necessary to protect the public health, convenience, safety and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.23; Renumbered by Ord. No. 3058.]

10-1-1958: APPLICATION FOR ADMINISTRATIVE USE PERMIT:

Applications for an Administrative Use Permit shall be made as follows:

1. On forms prescribed by the Director;

2. Signed by the owner of the property or their duly authorized agent and sworn to by declaration or before notary public.

3. Filed with the Director;

4. Submitted with a site plan as defined in Division II of this article; and

5. Any other information and/or documentation which the Director deems necessary to their determination.

An application shall not be deemed to be filed until such time as all necessary information has been provided to the Director. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.24; Renumbered by Ord. No. 3058.]

10-1-1959: DETERMINATION ON ADMINISTRATIVE USE PERMIT; NOTICE AND HEARING:

A. DIRECTOR TO INVESTIGATE.

Upon the submission of a complete application for an Administrative Use Permit, the Director shall investigate the application and make a determination within 30 days of such submission.

B. DECISION AND NOTICE.

1. At the conclusion of the 30 day period or at any time prior thereto, the Director shall render a decision in writing to approve, approve with conditions, or disapprove the application. Except for a decision involving a large family day care home, notice of the Director’s proposed decision to approve the application, with or without conditions, shall be mailed to the applicant and to all property owners and occupants within 1000 feet of the property for which the Administrative Use Permit is being sought and to all other parties who request notice. With respect to a proposed decision involving a large family day care, the Director’s proposed decision to approve the application, with or without conditions, shall be mailed to the applicant and to all property owners and occupants within 1000 feet of the property for which the Administrative Use Permit is being sought; however, this notice shall specifically state in bold letters that any appeals are limited to individuals residing or owning property within 100 feet of the property.

Said notice shall advise all parties to whom it is mailed that unless a public hearing is requested within 15 days of the date of mailing, the decision will become final.

2. Additionally, one four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than ten (10) business days prior to the scheduled decision date.

C. APPEAL.

The Director’s decision regarding an Administrative Use Permit application may be appealed pursuant to Section 10-1-1907.2. Except that in the case of an Administrative Use Permit for a large family day care home, an appeal may be filed only by the applicant or by property owners or residents within 100 feet of the parcel on which the large family day care home is proposed.

D. DECISION OF PLANNING COMMISSION.

After the public hearing on the permit, the Planning Commission shall approve the issuance of the permit if it finds that all requirements for the issuance of the permit have been met. The decision shall be mailed to the applicant and reported to the Council according to procedures established by the Director and approved by the City Manager. The decision of the Planning Commission shall be final unless appealed to the Council.

E. APPEAL TO COUNCIL.

The Planning Commission’s decision regarding an Administrative Use Permit application may be appealed pursuant to Section 10-1-1907.2. The persons who may file the appeal for an application for a large family day care home are limited as in Subsection (C) above. The City Clerk shall set the appeal for a public hearing and give notice of the time and place of the hearing to the applicant and any person who has appealed from such decision at least ten (10) business days prior to such hearing. Notice of the hearing shall be provided as specified in Section 10-1-1947 of this chapter.

F. DECISION OF COUNCIL.

The hearing before the Council shall be conducted as a hearing de novo and at the conclusion of the hearing on the permit, the Council shall approve the issuance of the permit if it finds that all requirements for the issuance of such permit have been met. [Added by Ord. No. 3139, eff. 1/28/89; formerly numbered Section 31-255.25; amended by Ord. No. 22-3,983, eff. 12/16/22; 15-3,868, 13-3,844, 3701, 3587, 3457, 3058.]

10-1-1960: TERMINATION/REVOCATION OF ADMINISTRATIVE USE PERMIT:

A. TERMINATION.

An Administrative Use Permit shall terminate when any one or more of the following occurs:

1. The permit is not used within the time specified in the Administrative Use Permit, or if no date is specified, within 180 days from the granting of the permit;

2. The use for which the permit has been acquired has been abandoned for six (6) consecutive months or the owner of the property files a declaration with the Director that the permit has been abandoned or discontinued; or

3. The permit has expired or been revoked.

B. REVOCATION.

The Director may, after 20 days’ notice by mail to the permit holder, revoke an Administrative Use Permit on any one (1) or more of the following grounds:

1. The Administrative Use Permit was obtained by fraud;

2. The property subject to the Administrative Use Permit has been utilized contrary to the terms and conditions of approval, or in violation of any statute, ordinance, law or regulation not otherwise allowed pursuant to the Administrative Use Permit; or

3. The property subject to the Administrative Use Permit is being or has been exercised in a manner which is detrimental to the public health, safety and welfare or so as to constitute a nuisance.

The decision of the Director to revoke an Administrative Use Permit can be set for a public hearing and appealed pursuant to the procedures contained in Section 10-1-1959. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.26; Renumbered by Ord. No. 3058.]

DIVISION 5. ZONE MAP AMENDMENT

10-1-1961: INITIATION OF AMENDMENT:

Amendments to the Zone Map may be initiated by the Council or Planning Commission. A property owner may apply for a zone change on the property owned by such property owner by submitting an application to the City Planner on such form as the City Planner may prescribe. Each applicant for a Zone Map Amendment shall pay such fees as are set forth in the Burbank Fee Resolution.

The City Planner shall set all applications for, and initiations of, Zone Map Amendments for hearing before the Planning Commission. [Formerly numbered Section 31-256; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22; 2961, 2930.]

10-1-1962: WITHHOLDING OF BUILDING PERMITS PENDING ZONE CHANGE:

Upon the initiation by the Council of an amendment to the Zone Map to place property in an R-1, R-2, or R-3 residential zone, and such proposed zoning is more restrictive than the existing zoning, no permit shall be issued by the Building Official for the erection, construction, alteration, or change of any building, structure, or improvement within such territory which would not conform to the requirements for the proposed zone, and any permit issued in violation of this section shall be void. [Added by Ord. No. 2985; Formerly numbered Section 31-256.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1963: PUBLIC HEARINGS REQUIRED:

Each proposed Zone Map Amendment shall be given two public hearings, one by the Planning Commission and another by the Council. The public hearing by the Planning Commission shall precede the hearing by the Council. [Formerly numbered Section 31-257; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1964: NOTICE OF HEARING:

The City Planner shall give notice of public hearings held by the Planning Commission. Notice of the hearing shall contain the date, time and place of the hearing and a general description of the property proposed to be zoned or rezoned and shall be:

1. Published once in a newspaper of general circulation in the City at least ten (10) business days before the date of the hearing.

2. Notice shall be mailed, postage prepaid, at least ten (10) business days before the date of the hearing to owners of property to be rezoned and to the owners of property within a radius of 1000 feet of the exterior boundaries of the property to be rezoned.

3. If the number of owners to whom notice would be mailed or delivered as required by this section is greater than 1,000, then the City may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation within the City not later than ten (10) business days before the date of the hearing in lieu of Subsections (1) and (2) above. [Formerly numbered Section 31-259; Renumbered by Ord. No. 3058; amended by Ord. No. 22-3,983, eff. 12/16/22; 13-3,844, 3199, 3020, 2941, 2930.]

10-1-1965: CITY PLANNER INVESTIGATES AND REPORTS TO PLANNING COMMISSION:

The City Planner shall investigate and advise the Planning Commission on all proposed Zone Map Amendments.

When the proposed amendment affects ten (10) or more acres, the City Planner’s report shall include recommendations and the basis for such recommendations. [Formerly numbered Section 31-260; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2941, 2930, 2333.]

10-1-1966: ENVIRONMENTAL IMPACT REPORT:

No Zone Map Amendment shall be adopted, nor shall a Variance or Conditional Use Permit be granted in lieu thereof, pursuant to the provisions of this division which may have a significant effect on the environment until an environmental impact report is prepared, processed and considered in accordance with the provisions of Article 1, Title 9 Chapter 3 of this Code, unless the Zone Map Amendment or the Variance or Conditional Use Permit in lieu thereof, is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; Formerly numbered Section 31-260.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1967: ACTION BY PLANNING COMMISSION:

The Planning Commission within 30 days after the conclusion of the hearing shall render its decision recommending either approval, approval with conditions, or disapproval of the proposed Zone Map Amendment by resolution containing reasons supporting the recommendation. The Planning Commission’s recommendation may reduce but shall not enlarge the area of the proposed Zone Map Amendment. The City Planner shall notify the applicant of the Planning Commission’s decision and shall forward the Planning Commission’s recommendation to the City Clerk. [Formerly numbered Section 31-261; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 3701, 2941, 2930, 2376.]

10-1-1968: VARIANCE, CONDITIONAL USE PERMIT, OR MORE RESTRICTIVE ZONING IN LIEU OF PROPOSED AMENDMENT:

If the notice of proposed Zone Map Amendment contains a statement that more restrictive zoning, or a particular Variance or Conditional Use Permit, may be considered in lieu of the proposed Zone Map Amendment, the Planning Commission may:

1. Recommend approval of the more restrictive zoning if the provisions of this division have been followed as to a Zone Map Amendment;

2. Grant the Variance if the provisions of Division 3 of this article have been followed as to the granting of a Variance; or

3. Grant or recommend the Conditional Use Permit if the provisions of Division 4 of this article have been followed as to the granting of a Conditional Use Permit. [Formerly numbered Section 31-262; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1969: CITY CLERK SETS HEARING BY COUNCIL:

Following issuance of the Planning Commission’s recommendation per Section 10-1-1967, the City Clerk shall promptly fix the date for a public hearing by the Council and shall give notice of the hearing as prescribed in Section 10-1-1964 of this article. [Formerly numbered Section 31-263; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3701.]

10-1-1970 AND 1971:

[Deleted by Ord. No. 3701, eff. 9/16/06.]

10-1-1972: ACTION BY COUNCIL:

The Council shall, within 30 days after the conclusion of its public hearing, either:

1. Approve the Zone Map Amendment as proposed, or for a lesser area than proposed, or approve one of the alternatives set forth in Section 10-1-1968 if notice of the hearing before the Planning Commission and Council contained a statement that such alternative may be considered in lieu of the proposed amendment.

As part of such approval the Council may impose such conditions as it deems necessary to protect the public health, safety or welfare, and may require the property owner, prior to adoption of an ordinance effecting the zone change, to perform such conditions, or if some or all of the conditions are of a continuing nature, to execute and record an agreement binding on themselves and their successors and assigns, in a form satisfactory to the City Attorney, to abide by such conditions.

2. Disapprove the proposed Zone Map Amendment; or

3. Refer the proposed Zone Map Amendment to the Planning Commission for further study or hearing. [Formerly numbered Section 31-266; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2376.]

10-1-1973: REAPPLICATION:

If an application for a Zone Map Amendment has been denied, it shall not be renewed for one (1) year from the date of denial unless permission to refile is approved:

1. By a majority of the members of the Planning Commission where there has been no appeal to the Council.

2. In all other cases, by a majority of the members of the Planning Commission and a majority of the members of the Council. [Formerly numbered Section 31-267; Renumbered by Ord. No. 3058, eff. 2/21/87amended by Ord. No. 22-3,983, eff. 12/16/22.]

DIVISION 6. DELETED

[Deleted by Ord. No. 3663, eff. 3/15/05.]

DIVISION 7. TEXT AMENDMENT

10-1-1985: GENERALLY:

Amendments to the text of this chapter may be adopted without public hearing, except as otherwise provided in this division. [Formerly numbered Section 31-278; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1986: ENVIRONMENTAL IMPACT REPORT:

No text amendment which may have a significant effect on the environment shall be adopted until an environmental impact report is prepared, processed and considered in accordance with the provisions of Article 1, Title 9 Chapter 3 of this Code, unless the text amendment is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; Formerly numbered Section 31-278.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1987: LAND USE AMENDMENTS:

Amendments to the land use regulations shall be preceded by a public hearing as follows:

1. Classification of an unlisted use, repeal or modification of a listed use, and any change in the prohibited uses shall be heard by the Council.

2. All other amendments to land use regulations, including signs, displays, and conditions for home occupations and Planned Residential Developments, shall be heard by the Planning Commission. [Formerly numbered Section 31-279; Renumbered by Ord. No. 3058, eff. 2/21/87amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1988: PROPERTY DEVELOPMENT STANDARDS:

Amendments to the property development standards shall be preceded by a public hearing held by the Planning Commission. [Formerly numbered Section 31-280; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1989: INITIATION OF AMENDMENT:

Amendments may be initiated by:

1. The Council.

2. The Planning Commission. [Formerly numbered Section 31-281; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2930.]

10-1-1990: REFUND OF FILING FEE:

The filing fee shall be refunded if the Planning Commission withholds its consent or consents and the requested amendment is adopted by the Council. [Formerly numbered Section 31-282; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1991: REQUIREMENTS FOR ADDING A USE:

The Council shall not add a use to a list of permitted uses without first making the following findings:

1. The addition of the use will be in accord with the purposes of the zone in which it is proposed to be listed.

2. The proposed use is compatible with and has the same basic characteristics as the other permitted uses.

3. The proposed use can be expected to conform with the required conditions for the zone.

4. The proposed use will not be detrimental to the public health, safety or welfare.

5. The proposed use will not adversely affect the character of the zone.

6. The proposed use will not create more vehicular or other traffic than the volume normally created by any of the uses permitted.

7. The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by any of the permitted uses.

8. The proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.

9. The proposed use will not cause substantial injury to the values of property in the zone in which it is proposed to be listed or in any abutting zone. [Formerly numbered Section 31-283; Renumbered by Ord. No. 3058, eff. 2/21/87; 2194.]

10-1-1992: PLANNING COMMISSION STUDY AND REPORT:

On all land use amendments and amendments to the property development standards, the Planning Commission shall study the proposed amendment and report to the Council. The report shall include a recommendation approving or disapproving the amendment. If the amendment proposes an unlisted use, the recommendation shall state the zone or zones in which the use should be classified and any conditions or property development standards not provided for that should apply to the use. [Formerly numbered Section 31-284; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

10-1-1993: CITY PLANNER TO INVESTIGATE AND ADVISE:

The City Planner shall investigate and advise on all land use amendments and amendments to the property development standards. Their report shall be filed with the Planning Commission and transmitted to the Council with the report of the Planning Commission. [Formerly numbered Section 31-285; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2941.]

10-1-1994: PUBLIC HEARINGS; NOTICE:

Public hearings required by this division shall be set by the body holding the hearing. Notice of the hearing shall be given by publication once in a newspaper of general circulation in the City not later than ten (10) business days before the date of the hearing. [Formerly numbered Section 31-286; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 13-3,844, eff. 11/22/13.]

DIVISION 8. INTERIM ZONING

10-1-1995: INTERIM ZONING:

All territory which is annexed to the City or which is unzoned or becomes unzoned shall be classified as R-1. Within 45 days, the Planning Commission shall make a study of the territory to determine the appropriate zoning. If zoning or a change of zone is required, the Planning Commission shall initiate proceedings under Division 5 of this article. [Formerly numbered Section 31-287; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 3669.]

10-1-1996: INTERIM AMENDMENT:

If the Planning Commission in good faith, is conducting or intends to conduct studies within a reasonable time, or has held a hearing or hearings for the purpose of establishing or changing zone boundaries, or amending the uses permitted in any zone, or the property development standards required in any zone, the Council, to protect the public safety, health and welfare, may, as an urgency measure, adopt an interim Zoning Ordinance by an affirmative vote of four (4) of its members without complying with the public hearing requirements of this article. Such ordinance shall be in effect for not to exceed 90 days unless extended by the affirmative vote of four (4) members of the Council after a public hearing on such extension. Notice of such hearing shall be published at least once in a newspaper of general circulation in the City, not later than ten (10) business days before the date of the hearing. No extension shall exceed one (1) year and not more than two (2) such extensions may be adopted. [Formerly numbered Section 31-288; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 13-3,844.]

DIVISION 9. DEVELOPMENT AGREEMENTS

10-1-1997: CITATION AND AUTHORITY:

This division is enacted pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code, Section 65864 et seq. This division is adopted to supplement existing provisions of the Burbank Municipal Code and may be cited as the “Development Agreement Ordinance of the City of Burbank.” [Added by Ord. No. 2965; Formerly numbered Section 31-300; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1998: PURPOSE:

The purpose of this division is to strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development by providing an option to the City and developers to enter into Development Agreements. This division is intended as an alternate process to accommodate major and unique developments for residential, commercial, professional, or other similar activities, including combinations of uses and modified development standards, which would create a desirable, functional, and community environment under controlled conditions of a development plan. This division is further intended to provide assurances to a land developer which will reduce the economic risks of a project while providing the City with a flexible means of promoting comprehensive planning and orderly development. [Added by Ord. No. 2965; Formerly numbered Section 31-301; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-1999: APPLICABILITY:

The procedures and requirements set forth in this division shall provide the specific regulations and development standards for any Development Agreements proposed by developers and entered into by the City Council under the authority vested in the Council pursuant to Section 10-1-1997 and may be in lieu of other procedures specified or required in other provisions of this article. [Added by Ord. No. 2965; Formerly numbered Section 31-302; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19100: APPLICATION:

A. FORM OF APPLICATION.

The City Planner shall prescribe the form of each application, notice, and documents provided for or required under this division for the preparation and implementation of Development Agreements.

B. ADDITIONAL INFORMATION.

The City Planner may require an applicant to submit such information and supporting data as the City Planner considers necessary to process the application. [Added by Ord. No. 2965; Formerly numbered Section 31-303; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19101: FEES:

Prior to the time an application for a Development Agreement is determined to be complete and accepted for processing, the applicant shall pay to the City Planner such fees as provided in the Burbank Fee Resolution. [Added by Ord. No. 2965; Formerly numbered Section 31-304; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19102: APPLICANT AND OTHER PARTIES:

A. APPLICANT.

Only a qualified applicant may file an application to enter into a Development Agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the Development Agreement, or authorized agent of such person. The City Planner may require an applicant to submit proof of the applicant’s interest in the real property and of the authority of an agent to act for the applicant.

B. OTHER PARTIES.

In addition to the City of Burbank and the property owner, any federal, state, or local governmental agency or body, including the Redevelopment Agency of the City of Burbank, and any other private party may be included as a party to any Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-305; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19103: PROPOSED TERMS OF AGREEMENT:

Each application shall be accompanied by a description of the proposed parties and the general terms and conditions proposed by the applicant to be contained in the Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-306; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19104: REVIEW OF APPLICATION:

The City Planner shall endorse on the application the date the application is received. The City Planner shall review the application and may reject it if it is incomplete or inaccurate for processing. If the City Planner finds that the application is complete, the City Planner shall accept it for filing. The City Planner shall review the application and determine the additional requirements necessary to complete the agreement. After the required information is received, a staff report and recommendation shall be prepared. The staff report shall state whether or not the agreement as proposed or in an amended form would be consistent with the general plan and any applicable specific plan. [Added by Ord. No. 2965; Formerly numbered Section 31-307; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19105: CONTENTS OF DEVELOPMENT AGREEMENT:

Each Development Agreement shall be prepared under the direction and supervision of the City Planner and approved as to form by the City Attorney. Each Development Agreement shall contain the following minimum provisions:

1. Duration of agreement.

2. Permitted and conditional uses.

3. Density or intensity of uses.

4. Location of uses.

5. Provisions for reservation, dedication, and improvement of land for public purposes.

6. Rules, regulations, policies, and detailed design of physical improvements, governing property development standards, and public improvement standards.

7. Conditions, terms, restrictions, and requirements for subsequent discretionary action, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.

8. Commencement and completion dates.

9. Performance security as may be required.

10. An appeal process for resolution of any interpretation disputes. [Added by Ord. No. 2965; Formerly numbered Section 31-308; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19106: NOTICE:

The City Planner shall give notice of intention to consider adoption of a Development Agreement and of any other public hearing required by law or this division according to the provisions of this section.

A. FORM OF NOTICE.

The form of the notice of intention to consider adoption of Development Agreement shall contain:

1. The time and place of the hearing.

2. A general explanation of the matter to be considered including a general description of the area affected.

3. Other information required by specific provisions of these regulations or which the City Planner considers necessary or desirable.

B. TIME AND MANNER OF NOTICE.

The notice shall be published at least once in a newspaper of general circulation in the City of Burbank. The notice shall also be mailed to all persons shown on the last equalized assessment role as owning real property and occupants within 300 feet of the property which is the subject of the proposed Development Agreement.

C. DECLARATION OF EXISTING LAW.

The notice requirements referred to in this section are declaratory of existing law (Government Code Section 65867). The provisions of Government Code Sections 65854, 65854.5, and 65856 are incorporated by reference as a part of this section. If state law prescribes a different notice requirement, notice shall be given in that manner.

D. FAILURE TO RECEIVE NOTICE.

The failure of any person entitled to notice required by law shall not affect the authority of the City of Burbank to enter into a Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-309; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3587, eff. 11/3/01.]

10-1-19107: RULES GOVERNING CONDUCT OF HEARING:

The public hearing shall be conducted in accordance with the procedural standards prescribed in this article for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant shall have the burden of proof at the public hearing on the proposed Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-310; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19108: IRREGULARITY IN PROCEEDINGS:

No action, inaction, or recommendation regarding the proposed Development Agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted in error or is shown. [Added by Ord. No. 2965; Formerly numbered Section 31-311; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19109: DETERMINATION BY PLANNING COMMISSION:

A. PLANNING COMMISSION HEARING.

Within 30 days of completion of an Environmental Impact Report, or within 90 days of the date the application is accepted as complete, whichever date is later, the Planning Commission shall hear and consider the proposed Development Agreement.

B. RECOMMENDATIONS TO COUNCIL.

The Planning Commission shall, at the conclusion of the hearing, recommend to the Council approval, disapproval, or modification of the proposed Development Agreement. Such recommendation shall include specific regulations, if applicable, to be applied to the proposed project, including but not limited to, the following:

1. Permitted uses.

2. Conditional uses.

3. Property development regulations.

4. Public improvement standards.

5. Special requirements where applicable.

6. Development plan and schedule. [Added by Ord. No. 2965; Formerly numbered Section 31-312; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19110: DECISION BY COUNCIL:

A. ACTION BY COUNCIL.

Within 30 days of the Planning Commission action on a proposed Development Agreement, a public hearing shall be set by the City Clerk, noticed in accordance with Section 10-1-19106, and held by the Council. After the Council completes its public hearing, it may accept or disapprove the recommendation of the Planning Commission. The Council shall refer matters not previously considered by the Planning Commission during its hearing and any proposed modifications to the Development Agreement back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the Council.

B. CONSIDERATION WITH GENERAL AND SPECIFIC PLANS.

The Council may not approve the Development Agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

C. APPROVAL OF DEVELOPMENT AGREEMENT.

If the Council approves the Development Agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development takes effect, the Council may enter into the agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-313; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19111: ADDITIONAL USE OF DEVELOPMENT AGREEMENTS:

A. DISCRETIONARY ENTITLEMENTS.

The City Planner, in the City Planner’s discretion, or the Planning Commission or the Council, in its discretion, may approve the use of a Development Agreement as a method of implementing any discretionary approval authorized in this article, including, but not limited to, the following:

1. Zone map amendments.

2. Issuance of a Conditional Use Permit.

3. Conditions imposed upon approval of a Variance.

4. Conditions imposed upon approval of site plan review.

5. Conditions imposed in connection with the adoption of any specific plan.

6. Conditions imposed upon any subdivision.

7. Mitigation measures imposed upon a project after approval of an environmental impact report or a negative declaration in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts.

B. PROCESSING.

The processing, review, and approval of a Development Agreement authorized or required pursuant to the provisions of this section shall be processed, reviewed, and approved concurrently with the specific discretionary entitlement or review process applicable to the project which would be subject to such Development Agreement. Development agreements authorized or required pursuant to this section need not be processed pursuant to the provisions of this division. [Added by Ord. No. 2965; Formerly numbered Section 31-314; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19112: AMENDMENT AND CANCELLATION OF AGREEMENT BY MUTUAL CONSENT:

The procedure for proposing and adopting an amendment to or canceling, in whole or in part of the Development Agreement is the same as the procedure for entering into an agreement in the first instance. [Added by Ord. No. 2965; Formerly numbered Section 31-315; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19113: RECORDATION OF DEVELOPMENT AGREEMENT, AMENDMENT, OR CANCELLATION:

A. RECORDATION.

Within ten (10) days after the Development Agreement has been executed and has become binding on the City, the City Clerk shall have the agreement recorded with the County Recorder.

B. AMENDMENT OR CANCELLATION.

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the Council terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder. [Added by Ord. No. 2965; Formerly numbered Section 31-316; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19114: PERIODIC REVIEW:

A. REVIEW OF DEVELOPMENT AGREEMENT.

The City Planner shall review the compliance by the property owner under the Development Agreement every 12 months from the date the agreement is entered into.

B. PUBLIC HEARING.

If the City Planner finds substantial evidence that the property owner under the Development Agreement has not complied in good faith with the terms and conditions of the Development Agreement the City Planner shall set a public hearing before the Planning Commission, noticed in accordance with Section 10-1-19106, at which the property owner must demonstrate good faith compliance with the terms of the Development Agreement. The burden of proof of compliance by the property owner is upon the property owner.

C. FINDINGS UPON PUBLIC HEARING.

The Planning Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-317; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19115: PROCEDURE UPON FINDINGS:

A. FINDING OF COMPLIANCE.

If the City Planner after the City Planner’s review, or the Planning Commission after a hearing, determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

B. FINDING OF FAILURE OF COMPLIANCE.

If the Planning Commission after a hearing determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission shall forward its recommendation to the City Council and the City Council may modify or terminate the agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-318; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19116: MODIFICATION OR TERMINATION:

Within 30 days of receipt of the Planning Commission’s findings and determinations regarding compliance with the Development Agreement, a public hearing shall be set by the City Clerk, noticed in accordance with Section 10-1-19106, and held by the Council. The notice shall contain:

1. The time and place of the hearing.

2. A statement as to whether the City proposes to terminate or to modify the Development Agreement.

3. Other information which the City considers necessary to inform the property owner of the nature of the proceedings. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The Council may impose such conditions as it considers necessary to protect the interest of the City. The decision of the Council shall be final. [Added by Ord. No. 2965; Formerly numbered Section 31-319; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19117: ENFORCEMENT:

Unless amended or canceled, a Development Agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation (not including Title 9 Chapter 1 of this Code), adopted by the Council which may otherwise alter or amend the rules, regulations, or policies specified in such Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-320; Renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 10. PLANNED DEVELOPMENT

10-1-19118: TITLE:

This division shall be referred to as the “Planned Development Ordinance.” [Added by Ord. No. 3016; Formerly numbered Section 31-330; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19119: PURPOSE:

This division is intended as an alternate process to accommodate unique developments for residential, commercial, professional, or other similar activities, including combinations of uses and modified development standards, which would create a desirable, functional and community environment under controlled conditions of a development plan. [Added by Ord. No. 3016; Formerly numbered Section 31-331; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19120: DEFINITIONS:

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Title 1 and Article 2 of Title 10 of this Code shall also govern the construction, meaning, and application of words and phrases used in this article and Development Agreements entered into pursuant to the provisions of this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

ADOPTED CITY STANDARDS: Shall mean those property development standards and public improvement standards contained in Articles 5 through 16, inclusive, of Title 10, and Articles 10, 11, and 15 of Title 11 of this Code.

APPLICANT: Shall mean the developer or landowner requesting review and consideration of a proposed Planned Development.

APPROVED PLANNED DEVELOPMENT: Shall mean the project report and Development Agreement processed, completed and approved pursuant to the provisions of this article.

DEVELOPMENT AGREEMENT: Shall mean a Development Agreement as authorized pursuant to the provisions of Division 9, Article 19 (commencing with Section 10-1-1997) of this Code.

GROSS AREA: Shall mean the area of a parcel or parcels prior to the dedication of land for any public street purpose.

PROPERTY DEVELOPMENT STANDARDS: Shall mean those improvement standards for the development of private property, including, but not limited to, building heights, setbacks, building site area and coverage, signs, landscaping, parking, and access.

PUBLIC IMPROVEMENT STANDARDS: Shall mean those standards which relate to public improvements and facilities including, but not limited to, streets, street lighting, utilities, and drainage systems. [Added by Ord. No. 3016; Formerly numbered Section 31-332; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19121: APPLICABILITY OF REGULATIONS:

A. REGULATIONS AND STANDARDS.

This division, and any development plan or agreement, shall provide the specific regulations and development standards for any Planned Development as established pursuant to this division. Unless otherwise provided for in this division, or in any development plan or agreement, Articles 5 through 16, inclusive, of Title 10, and Articles 10, 11, and 15 of Title 11, or portions thereof, of this Code shall be specifically applied to any Planned Development established pursuant to this division.

B. MINIMUM STANDARDS.

Uniform City standards shall be the minimum standards for any Planned Development unless otherwise provided for in a development plan or agreement.

C. “PD” ZONE.

All Planned Developments shall be identified on the Zone Map with the letter coding “PD” followed by a specific reference number identifying each separate Planned Development and such shall constitute the zone for each Planned Development. All development plans and agreements adopted pursuant to this division shall be identified by reference to the corresponding designation of each “PD” Zone on the Zone Map. [Added by Ord. No. 3016; Formerly numbered Section 31-333; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19122: PERMITTED USES:

Any use may be permitted in any Planned Development, provided such use shall be specifically listed as a permitted use in the Development Agreement for the Planned Development. Such uses shall be located and conducted in accordance with an approved Planned Development and Development Agreement, adopted pursuant to the provisions of this division. [Added by Ord. No. 3016; Formerly numbered Section 31-334; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19123: CONDITIONAL USES:

Any use may be established as a conditional use in a Planned Development, provided such use be specifically listed as a conditional use subject to the provisions of the Development Agreement for the Planned Development. Such conditional uses shall be located and conducted in accordance with an approved Planned Development and Development Agreement adopted pursuant to this division. [Added by Ord. No. 3016; Formerly numbered Section 31-335; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19124: DESIGN REVIEW CRITERIA:

Planned Developments shall observe the following design review criteria:

A. The design of the overall Planned Development shall be comprehensive and shall embrace land, buildings, landscaping, and their interrelationships and shall be substantially consistent with the General Plan and any applicable Element of the General Plan.

B. The Planned Development shall provide for adequate permanent open areas, circulation, off-street parking, and pertinent pedestrian amenities. Building structures and facilities and accessory uses within the Planned Development shall be well integrated with each other and to the surrounding topographic and natural features of the area.

C. The Planned Development shall be compatible with existing and planned land use on adjoining properties.

D. Any private street system or circulation system shall be designed for the efficient and safe flow of vehicles, pedestrians, bicycles, and the handicapped, without creating a disruptive influence on the activity and functions of any area or facility.

E. The public street system within or adjacent to a Planned Development shall be designed for the efficient and safe flow of vehicles (including transit vehicles), pedestrians, bicycles, and the handicapped. Public streets shall be designed using standard City lane widths, capacities, and travel speeds. The design shall also include adequate space and improvements for transit vehicles and facilities for bicycle and pedestrian circulation. City standard entrance control requirements shall be maintained. Design of major streets shall also provide sidewalks, adequate street lighting, and concrete median islands on arterial streets.

F. Common area and recreational facilities shall be located so as to be readily accessible to the occupants of residential uses.

G. Compatibility of architectural design and appearance, including signing throughout the Planned Development, shall be sought. In addition, architectural harmony with surrounding neighborhoods shall be achieved so far as practicable.

H. Where applicable, an adequate variety of uses and facilities shall be provided in order to meet the needs of the Planned Development and adjacent neighborhoods.

I. The Planned Development and each building intended for occupancy shall be designed, placed, and oriented in a manner conducive to the conservation of energy. [Added by Ord. No. 3016; Formerly numbered Section 31-336; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19125: PROJECT REPORT:

The processing of a Planned Development shall commence with the submission of a project report to the Director. The project report shall be in a form determined by the Director, which will promote a complete understanding of the proposed Planned Development and allow for convenient modification and supplementation of such project report as the proposed Planned Development is reviewed and evaluated. The applicant shall submit a sufficient number of copies of the project report as determined by the Director. Each project report shall contain the following minimum information:

A. DEVELOPMENT PLAN.

1. An aerial photograph or map of the site and adjacent land within 300 feet of the site, at a scale prescribed by the Director.

2. A legal description of the Planned Development.

3. A map drawn to scale showing the boundaries of the Planned Development, any public or private streets, proposed building sites, and any areas proposed to be dedicated or reserved for school sites, ponding basins, parks, parkways, paths, playgrounds, public buildings, and other such public or private uses.

4. A land use plan, including densities and intensities of uses, for the proposed “PD” Zone identifying the areas proposed for each use or combination of uses identified by the development program statement.

5. A vehicular and circulation plan for streets and rights-of-way within and adjacent to the Planned Development and for intersections and extensions of streets within the Planned Development indicating the proposed movement of vehicles, goods, pedestrians, and bicycles within the Planned Development, and to and from adjacent thoroughfares.

6. A designation of the number and type of dwelling units, gross area, and corresponding residential density for each area proposed for residential uses and the aggregate numbers and types of dwelling units, gross area, and residential density for all proposed residential uses.

7. A description of intensity of nonresidential uses expressed as estimated floor area ratio for each area of the Planned Development for which nonresidential uses are proposed.

8. Location of existing buildings.

9. Description of utility service systems, including gas, water, electricity, telephone, and cable television, to be provided for the Planned Development.

10. Description of storm waters and flood control systems, including location of flood control facilities.

11. Description of energy conservation designs and techniques to be incorporated in the development of the Planned Development.

B. DEVELOPMENT SCHEDULE.

1. A schedule, indicating to the best of the applicant’s knowledge, the approximate earliest date upon which construction or development can begin, the approximate duration of time required for completion of the development, and the approximate date or dates of occupancy.

2. A phasing program indicating, in the event the proposed development within the Planned Development is expected to require more than one (1) year for completion and occupancy, a logical or programmed sequence of phases and related public improvements and incorporating a schedule as described in Subsection (1) above for each phase of development.

C. DEVELOPMENT PROGRAM STATEMENT.

1. A complete listing of all permitted and conditional uses retained or proposed, or potentially to be included, within the Planned Development.

2. A description of the nature of uses proposed, and the conditions or characteristics of occupancy, use, or operation, with particular reference to those conditions or characteristics which may warrant regulation differing from those regulations which might apply to such uses if located in one (1) or more general zones within the City, and justification for any such differences.

3. A complete listing and description, including diagrams, and a statement of justification, of all property development standards not consistent with adopted City standards which are proposed for the Planned Development.

4. A complete listing and description, including appropriate diagrams, and a statement of justification, of all public improvement standards not consistent with adopted City standards which are proposed for the Planned Development.

D. ENVIRONMENTAL INFORMATION.

The applicant shall provide such support documentation, studies, analyses, and explanatory materials pertinent for the thorough understanding and review of the environmental documents for the project.

E. SUPPLEMENTAL INFORMATION.

The applicant shall further provide any additional information, studies or material which the Director may deem appropriate for the reasonable explanation or illustration of the Planned Development. Any request by the Director made pursuant to the provisions of this subsection shall be in writing and mailed by first class mail to the applicant or their designated representative. [Added by Ord. No. 3016; Formerly numbered Section 31-337; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19126: DEVELOPMENT REVIEW:

A site plan for the Planned Development, or portion or phase thereof as approved and accepted by the Director, consistent with the provisions of Division 2 of this article, must be submitted for review and approval prior to the issuance of a building permit. Such plan shall be submitted as a part of the project report for the Planned Development as submitted, in which event the plan will be reviewed and considered as an integral part of the project report for the Planned Development. A tentative subdivision map or preliminary parcel map, covering at a minimum the area of the site plan, shall be submitted concurrently with such plan whenever the Director deems such map appropriate. The filing of a tentative subdivision map or a preliminary parcel map pursuant to the provisions of this section shall be deemed a waiver of the time limits contained in Title 11 of this Code. [Added by Ord. No. 3016; Formerly numbered Section 31-338; Renumbered by Ord. No. 3058; Amended by Ord. No. 3190, eff. 5/26/90.]

10-1-19127: PLANNED DEVELOPMENT REVIEW PROCESS:

Proposals for Planned Developments shall be processed as provided in this section.

A. PROJECT CONFERENCES.

1. Prior to filing a project report for a Planned Development, the applicant, their engineer and their planning consultant shall meet with the Director and such other persons as the Director may deem appropriate in order to 1) discuss property development standards and public improvement standards which may be proposed for the Planned Developments; 2) acquaint the applicant with the substantive and procedural requirements of this article; and 3) identify policies and issues which may create opportunities or pose significant constraints for the proposed Planned Development.

2. Nothing in this section shall be construed as precluding any other conference, meeting, or discussion which the applicant or the Director deems appropriate.

B. COMPLETION AND ACCEPTANCE OF A PROJECT REPORT.

No later than 30 calendar days after the Director has received a project report for a Planned Development, the Director shall determine in writing whether such project report is complete and accepted for processing, and shall immediately transmit such determination to the applicant. In the event the project report is determined not to be complete, the Director’s determination shall specify those parts of the project report which are incomplete and shall indicate the manner in which such project report may be made complete. After the Director accepts a project report as complete, the Director may, in the course of processing the project report, require the applicant to clarify, amplify, correct, or otherwise supplement the information required for the project report.

C. FEES.

Prior to the time a project report for a Planned Development is determined to be complete and accepted for processing, the applicant shall pay such fees as provided in the Burbank Fee Resolution.

D. DISTRIBUTION OF PROJECT REPORT.

The Director shall distribute copies of the project report for a Planned Development, including the Development Plan, Development Schedule, and Development Program Statement, and all accompanying materials to other City departments and officials, government agencies, public utilities and private organizations, who are directly concerned with the Planned Development.

E. ENVIRONMENTAL REVIEW.

Prior to Planning Commission and Council review of the project report and proposed Planned Development, appropriate environmental review in compliance with the California Environmental Quality Act of 1970, as amended, and applicable State guidelines, must be completed and submitted to the Director pursuant to Article 1 of Title 9 Chapter 3 of this Code. A project report for a Planned Development shall not be deemed complete until such review has been completed and accepted by the Director.

F. PREPARATION OF REPORT AND ANALYSIS.

1. The Director shall cause to be prepared a written report and analysis on the proposed Planned Development for presentation to the Planning Commission and Council. Such report and analysis shall contain appropriate staff recommendations and shall be served on the applicant at least ten (10) business days prior to any hearing on the proposed Planned Development before the Planning Commission.

2. The Director shall develop and implement appropriate administrative procedures for the participation of interested persons, affected property owners, private organizations, public agencies, and other City departments and officials in the preparation of the report and analysis on the Planned Development.

G. PLANNING COMMISSION HEARING.

Within 30 days of completion of the Draft Environmental Impact Report, if required, or within 90 days of the date the project report is accepted as complete, whichever date is later, the Planning Commission shall hear and consider the proposed Planned Development.

1. Notice of the time, place, and purpose of such hearing shall be published once in a local newspaper of general circulation, not less than ten (10) business days prior to the date of the hearing, and shall be mailed by first class mail to all persons, organizations, and agencies which participated in the preparation of the Director’s report and analysis. The Director may also give such additional notice as they deem desirable and practicable.

2. Notice of the time, place, and purpose of the hearing for purpose of the consideration for the Planned Development proposal shall be given at least ten (10) business days in advance of such hearing to all property owners and occupants within 1000 feet of such proposed Planned Development.

3. One four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than ten (10) business days prior to the scheduled hearing.

4. The hearing may be continued for a period not to exceed 30 days unless a Draft Environmental Impact Report has been prepared, in which event the hearing may be continued for a period not to exceed 60 days for the purpose of allowing for the completion of the Final Impact Report. In the event the Planning Commission, for any reason, fails to make a recommendation within the time limits established by this subsection, the Planned Development proposal shall be referred to Council and set for hearing pursuant to Subsection (H) of this section.

5. At the conclusion of the hearing, the Planning Commission shall recommend to the Council approval, disapproval or modification of the proposed Planned Development. Such recommendation shall include specific regulations to be applied to the proposed Planned Development, including, but not limited to the following:

(i) Permitted uses,

(ii) Conditioned uses,

(iii) Property development regulations,

(iv) Public improvement standards,

(v) Special requirements where applicable,

(vi) Development plan and schedule.

H. COUNCIL HEARING.

Within 30 days of Planning Commission action on a proposed Planned Development, a public hearing shall be set by the City Clerk, noticed in accordance with Subsection (F)(1) and (F)(2) of this section, and commenced by the Council.

1. Following such hearing the Council shall adopt, modify, or reject the proposed Planned Development and the specific regulations which shall govern such Planned Development.

2. The hearing may be continued at the discretion of the Council.

3. Prior to approval of a Planned Development, the Council must find such Planned Development is consistent with the General Plan and applicable community plans and that the design criteria identified in Section 10-1-19124 of this article have been satisfied.

4. Any decision of the Council shall be final.

5. A Planned Development shall be adopted by uncodified ordinance.

6. Approval of any Planned Development shall include such conditions and specific regulations to be applied to the proposed Planned Development, including, but not limited to, the following:

(i) Permitted uses,

(ii) Conditioned uses,

(iii) Property development regulations,

(iv) Public improvement standards,

(v) Special requirements where applicable,

(vi) Development plan and schedule.

I. RULES GOVERNING CONDUCT OF HEARING.

Public hearings before the Planning Commission and Council on a proposed Planned Development shall be conducted in accordance with the procedural standards prescribed in this article for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant shall have the burden of proof at each public hearing on the proposed Planned Development.

J. IRREGULARITY IN PROCEEDINGS.

No action, inaction, or recommendation regarding the proposed Planned Development shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted in error or is shown.

K. APPLICANT MODIFICATIONS.

Whenever the applicant initiates or proposes a modification, change, or amendment to an accepted project report for a Planned Development, the time limits specified in this section shall be tolled for a period of 30 days following submission of such modification, change, or amendment, unless otherwise agreed to by the Director. [Added by Ord. No. 3016; formerly numbered Section 31-339; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 15-3,868, 13-3,844; 3587, 3020.]

10-1-19128: DEVELOPMENT AGREEMENT:

The approval of a Planned Development shall be subject to the applicant entering into an agreement or agreements with the City for the provision and guarantee of the terms, conditions, and regulations of the Planned Development as approved by the Council. Such agreement shall be the legal mechanism for the full implementation and enforcement of the approved Planned Development. The agreement shall be prepared under the direction and supervision of the Director and the City Attorney. Such Development Agreement shall contain the following minimum provisions:

A. Duration of agreement.

B. Permitted and conditional uses.

C. Density or intensity of uses.

D. Location of uses.

E. Provisions for reservation, dedication, and improvement of land for public purposes.

F. Rules, regulations, policies and detailed design or physical improvements, governing property development standards and public improvement standards.

G. Conditions, terms, restrictions and requirements for subsequent discretionary actions, if applicable.

H. Commencement and completion dates as specified in the Development Schedule.

I. Performance security as may be required.

J. An appeal to Council process for resolution of any interpretation disputes. [Added by Ord. No. 3016; Formerly numbered Section 31-340; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19129: PERIODIC COUNCIL REVIEW AND REVERSION:

A. At least every 12 months the Director shall submit to Council a review of each Development Agreement entered into pursuant to the provisions of this article.

B. Council may terminate or modify the agreement without the consent of the applicant or their successors in interest in the event Council finds and determines, on the basis of substantial evidence, the applicant or successor in interest has not complied in good faith with the terms or conditions of the agreement.

C. The termination of a Development Agreement pursuant to the terms of this section shall result in the immediate reversion of the “PD” Zone to the R-1 Zone for each area of the Planned Development for which a final map has not been recorded or a building permit issued subsequent to the approval of the Planned Development. [Added by Ord. No. 3016; Formerly numbered Section 31-341; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19130: ENFORCEMENT:

Unless amended or canceled pursuant to Section 10-1-19132, a Development Agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation (not including Title 9 Chapter 1 of the Code), adopted by Council which may otherwise alter or amend the rules, regulations, or policies specified in such Development Agreement. [Added by Ord. No. 3016; Formerly numbered Section 31-342; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19131: COMPATIBILITY WITH DESIGN PLANS:

Construction drawings and plan checking documents, subsequently submitted with applications for required permits or other construction approvals pursuant to approved Planned Development regulations, shall conform to the site plan and shall be subject to all applicable review and permit requirements in effect at the time of approval and permit issuance. [Added by Ord. No. 3016; Formerly numbered Section 31-343; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19132: ADDITIONAL ENTITLEMENTS:

Nothing in this article shall preclude the processing or approval of discretionary entitlements or rights or privileges identified in this Code. Such entitlements shall be processed in the manner specified in such chapter. The property development standards, public improvement standards, and other design standards contained in the approved Planned Development shall be applied in the review of such entitlement applications. [Added by Ord. No. 3016; Formerly numbered Section 31-344; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19133: AMENDMENT:

Any amendment to the Development Agreement or Planned Development which substantially deviates from, or substantially modifies, the terms, conditions and regulations of the approved Planned Development, as determined by the Director, shall be deemed a new request for a Planned Development and processed pursuant to the provisions of Section 10-1-19127 of this article. [Added by Ord. No. 3016; Formerly numbered Section 31-345; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19134: RECORDATION OF AGREEMENT:

No later than ten (10) days after the Council enters into a Development Agreement, the City Clerk shall record a copy of the agreement with the County Recorder. The burdens of the agreement shall be binding upon and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement. [Added by Ord. No. 3016; Formerly numbered Section 31-346; Renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 11. FENCE EXCEPTION PERMITS AND ENFORCEMENT

10-1-19200: MINOR FENCE EXCEPTION PERMIT:

A. INTENT AND PURPOSE.

The intent and purpose of the Minor Fence Exception Permit is to allow exceptions to the standards for fences, walls, and hedges in the single and multiple family residential zones. The minor exception permit allows for administrative exceptions to the standards where the fence or wall is six (6) feet or less in height or where the requested exception would otherwise be expected to have a lesser visual impact on surrounding properties and the neighborhood and not pose the same potential safety concern than a feature taller than six (6) feet.

B. PROCESS AND PUBLIC NOTICE.

Minor fence exception permits must be processed and approved or denied in the same manner as an Administrative Use Permit per Division 4.1 of Article 19 of this Chapter, including public notice of decision, appeals, and hearings; except that notice of the decision must be mailed to all property owners and occupants within a 150-foot radius of the property rather than a 1,000-foot radius and that applicants are not required to pay a fee when appealing a denial of a Minor Fence Exception Permit.

C. CONDITIONS.

The Director, or Planning Commission or City Council if appealed, is authorized to attach conditions to the approval of a Minor Fence Exception Permit. Such conditions may include, but are not limited to, conditions requiring physical changes to the proposed structure or object. All conditions imposed must be for the purpose of satisfying the required findings, mitigating environmental or other impacts, and/or protecting the public health, safety, convenience, or welfare.

D. REQUIRED FINDINGS.

In lieu of the findings required by Section 10-1-1956, the Director, or Planning Commission or Council if appealed, may not approve a Minor Fence Exception Permit unless the following findings are made. An applicant may propose measures to mitigate or abate any safety concerns for the purpose of making the required findings.

1. The feature does not obstruct the visibility of motorists at a street or alley intersection or exiting a driveway or otherwise affect a motorist’s ability to safely operate their vehicle.

2. The feature is not constructed of any materials that may pose a danger to motorists, pedestrians, or other persons.

3. The feature is structurally sound and is adequately maintained.

4. The feature does not affect the ability of emergency personnel to respond to an emergency on the property or to adequately view the property and structures upon it from the public right-of-way.

5. The feature is compatible in size, scale, proportion, and location with other yard features in the neighborhood, or is otherwise consistent with the prevailing neighborhood character.

6. The scale and proportion of the feature are consistent and compatible with structures on the same property and in the general area.

7. The feature does not encroach upon neighboring properties or structures in a visual or aesthetic manner through its size, location, orientation, setbacks, or height.

8. The feature does not impose detrimental impacts on neighboring properties or structures, including but not limited to impacts related to light and glare, sunlight exposure, air circulation, privacy, scenic views, or aesthetics. [Added by Ord. No. 3690, eff. 4/11/06. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19201: MAJOR FENCE EXCEPTION PERMIT:

A. INTENT AND PURPOSE.

The intent and purpose of the Major Fence Exception Permit is to allow exceptions to the standards for fences and walls in the single and multiple family residential zones that could not otherwise be approved through the Minor Fence Exception Permit process. The major exception permit allows for additional public notice and Planning Commission review of requested exceptions to the standards where the fence or wall is more than six (6) feet in height and therefore may have a noticeable impact on surrounding properties and the neighborhood and may pose a greater potential safety concern.

B. PROCESS AND PUBLIC NOTICE.

Major fence exception permits must be processed and approved or denied in the same manner as a Variance per Division 3 of Article 19 of this Chapter, including public notice, appeals, and hearings; except that notice of the public hearing must be mailed to all property owners and occupants within a 300-foot radius of the property rather than a 1,000-foot radius and that applicants are not required to pay a fee when appealing a denial of a Major Fence Exception Permit.

C. CONDITIONS.

The Planning Commission, or City Council if appealed, is authorized to attach conditions to the approval of a Major Fence Exception Permit. Such conditions may include, but are not limited to, conditions requiring physical changes to the proposed structure or object. All conditions imposed must be for the purpose of satisfying the required findings, mitigating environmental or other impacts, and/or protecting the public health, safety, convenience, or welfare.

D. REQUIRED FINDINGS.

In lieu of the findings required by Section 10-1-1917, the Director, or Planning Commission or Council if appealed, may not approve a Major Fence Exception Permit unless the following findings are made. An applicant may propose measures to mitigate or abate any safety concerns for the purpose of making the required findings.

1. The feature does not obstruct the visibility of motorists at a street or alley intersection or exiting a driveway or otherwise affect a motorist’s ability to safely operate their vehicle.

2. The feature is not constructed of any materials that may pose a danger to motorists, pedestrians, or other persons.

3. The feature is structurally sound and is adequately maintained.

4. The feature does not affect the ability of emergency personnel to respond to an emergency on the property or to adequately view the property and structures upon it from the public right-of-way.

5. The feature is compatible in size, scale, proportion, and location with other yard features in the neighborhood, or is otherwise consistent with the prevailing neighborhood character.

6. The scale and proportion of the feature are consistent and compatible with structures on the same property and in the general area.

7. The feature does not encroach upon neighboring properties or structures in a visual or aesthetic manner through its size, location, orientation, setbacks, or height.

9. The feature is reasonable and appropriate to mitigate demonstrated impacts related to noise, light or glare, dust, or privacy resulting from special circumstances or conditions that apply to the individual property and/or the surrounding neighborhood that could not be adequately mitigated with a feature permitted by the applicable zoning regulations or through the Minor Fence Exception Permit process. Such special circumstances or conditions are related to one (1) or more of the following:

a. Location of the property on or in proximity to a major or secondary arterial street

b. Location of the property in proximity to a non-residential use or property or a multiple family residential use or property in the case of single family property

c. The shape, size, configuration, or topography of the property

d. The location or configuration of structures upon the property [Added by Ord. No. 3690, eff. 4/11/06. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19202: ENFORCEMENT ABEYANCE PROVISIONS IN LIEU OF FENCE PERMITS:

A. Applicability.

1. This Section provides provisions for holding in abeyance enforcement actions against nonconforming fences, walls, hedges, and other yard features established prior to April 11, 2006, in single and multiple family residential zones. This Section does not require or direct enforcement action for legal nonconforming yard features.

2. When enforcement action is taken against a nonconforming yard feature established prior to April 11, 2006, the feature is subject to the requirements of this Section in lieu of the otherwise applicable requirements of the zone in which it is located.

3. In order to qualify for the enforcement provisions of this Section, such yard feature must have been erected, installed, constructed, or grown to maturity prior to April 11, 2006, and not modified or grown on or after April 11, 2006, in a manner that increased its non-conformity with the otherwise applicable requirements of the zone in which it is located.

B. Enforcement abeyance for fences and walls six (6) feet or less and other yard features of any height.

1. This Subsection provides for holding in abeyance enforcement actions against nonconforming fences and walls with a height of six (6) feet or less as measured from the abutting finished ground surface of the property on which the feature is located, and for other yard features and established mature vegetation of any height.

2. If the Community Development Director is able to make the following findings as related to the nonconforming yard feature, enforcement action against the nonconforming feature will be held in abeyance until such time that the provisions of this Section are repealed. An applicant may propose measures to mitigate or abate any safety concerns for the purpose of making the findings.

a. The feature does not obstruct the visibility of motorists at a street or alley intersection or exiting a driveway or otherwise affect a motorist’s ability to safely operate their vehicle.

b. The feature is not constructed of any materials that may pose a danger to motorists, pedestrians, or other persons.

c. The feature is structurally sound and is adequately maintained.

d. The feature does not affect the ability of emergency personnel to respond to an emergency on the property or to adequately view the property and structures upon it from the public right-of-way.

3. A finding by the Director per Subsection (2) to hold in abeyance an enforcement action does not change the nonconforming status of the yard feature and does not provide legal rights to maintain the yard feature. The nonconforming provisions of Article 18 of this Chapter continue to apply to the feature.

4. If the Director is unable to make the findings in Subsection (2), the yard feature may be modified in a manner determined by the Director such that the Director is able to make the required findings.

5. If the Director is unable to the make the findings in Subsection (2) with or without modification per Subsection (4), the property owner may nevertheless apply for an exception through the Minor Fence Exception Permit process permit per Section 10-1-19200.

C. Enforcement provisions for fences and walls taller than six (6) feet.

1. This Subsection provides enforcement provisions for nonconforming fences and walls with a height of more than six (6) feet as measured from the abutting finished ground surface of the property on which the structure or feature is located.

2. Enforcement action against such features will be held in abeyance only if the fence or wall modified so as to have a height of six (6) feet or less and the fence or wall satisfies the requirements of Subsection (B).

3. Alternatively, a property owner may apply for an exception through the Major Fence Exception Permit per Section 10-1-19201 [Added by Ord. No. 3690, eff. 4/11/06.]

DIVISION 12. STREAMLINED MINISTERIAL APPROVAL PROCESS

10-1-19300: PURPOSE AND INTENT:

A. PURPOSE.

The City Council declares and finds all the following:

1. The California Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern.

2. Pursuant to Senate Bill (SB) 35 and Assembly Bill (AB) 2011, a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by California Government Code Sections 65913.4 and 65912.100, and not be subject to a conditional use permit or any other discretionary local government review or approval.

3. The City Council shall undertake ministerial design review and public oversight as provided for in SB 35 and AB 2011 (California Government Code Sections 65913.4, 65912.114, and 65912.124), and any other project for which State law requires streamlined ministerial review.

B. INTENT.

The intent of this Division is, to the extent permissible by law, establish a streamlined ministerial review and public oversight process for the City Council’s final review and approval of projects requiring streamlined ministerial review, including SB 35 and AB 2011 applications pursuant to the requirements in California Government Code Sections 65913.4 and 65912.100. [Added by Ord. No. 22-3,964, eff. 2/4/22; amended by Ord. No. 23-3,995, eff. 7/7/23; 23-3,993.]

10-1-19301: DEFINITIONS:

All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the definition established in Government Code sections 65913.4 and 65912.100, and the Guidelines published by the California Department of Housing and Community Development (referred to herein as the Guidelines).

“Application” means a submission requesting Streamlined Ministerial Approval pursuant to Government Code section 65913.4 and the Guidelines, which contain information pursuant to Section 300(b) describing the development’s compliance with the criteria outlined in Article IV of the Guidelines.

“Ministerial approval” means approval of a project that complies with requirements and guidelines as set forth in Government Code Section 65913.4 that is non-discretionary and cannot require a conditional use permit or other discretionary local government review or approval.

“Ministerial processing” or “ministerial approval” means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.

“Objective zoning standard,” “objective subdivision standard,” and “objective design review standard” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant or development proponent and the public official prior to submittal, and includes only such standards as are published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application. [Added by Ord. No. 22-3,964, eff. 2/4/22; amended by Ord. No. 23-3,995, eff. 7/7/23; 23-3,993.]

10-1-19302: STREAMLINED MINISTERIAL APPROVAL PROCESS:

Development projects submitted pursuant to California Government Code Section 65913.4 shall be reviewed in accordance with the procedures set forth in Subsection (b) of Section 65913.4, and development projects submitted pursuant to California Government Code Section 65912.100 shall be reviewed in accordance with the procedures set forth in Government Code Sections 65912.114 and 65912.124, as such procedures may be amended from time to time, and as further set forth in this Division 12.

A. NOTICE OF INTENT TO SUBMIT A SB 35 APPLICATION

(1) The development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent (NOI) shall be in the form of a preliminary application that includes all of the information described in Section 65941.1.

(2) Upon receipt of a NOI, the Community Development Director shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development as required by Section 65913.4(b), as may be amended from time to time.

(3) After completing the NOI to submit an application for streamlined ministerial approval process (also referred to as SB 35 processing) and Tribal Consultation process pursuant to Government Code Section 65913.4, subsection (b), an applicant may submit an application for streamlined ministerial approval processing to the City. The applicant must submit an SB 35 streamlined ministerial approval process application demonstrating the proposed project’s eligibility under California Government Code Section 65913.4. Once an application is submitted, the process set forth in subsections B-F, below, shall be followed.

B. COMMUNITY DEVELOPMENT DIRECTOR DETERMINATIONS

(1) The Community Development Director shall review the applications submitted pursuant to California Government Code Sections 65913.4, 65912.100, or other State requirement for streamlined ministerial review, as applicable, and determine if a project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project. The Community Development Director’s review of the project shall be completed within 60 days of an application submittal for projects of 150 or fewer units, and 90 days for projects consisting of more than 150 units.

(2) If the City provides written comments as to any conflicts in the objective standards, or requests additional information to make such a determination, then the 60- or 90-day timeline will restart upon submittal of a revised development application in response to such written notice. The City’s written comments shall specify the standard or standards with which the development conflicts and shall provide an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframe specified.

(3) If the application can be brought into compliance with minor changes to the proposal, the City, in lieu of making detailed findings, will allow the applicant to correct any deficiencies within the timeframes noted subsection B(2) above.

(4) If the City fails to provide the required documentation determining consistency within these timeframes, the development shall be deemed to satisfy the City’s objective planning standards and shall be deemed consistent.

(5) The Community Development Director’s determination shall be forwarded to the City Council for Council consideration as part of the ministerial design review/public oversight process as provided for in subsection C, below, under California Government Code Sections 65913.4 and 65912.100, or as otherwise required by State housing law.

C. CITY COUNCIL MINISTERIAL DESIGN REVIEW/PUBLIC OVERSIGHT

The City Council, at a noticed public meeting, shall undertake ministerial design review and public oversight as provided for in California Government Code Sections 65913.4, 65912.114, 65912.124, and other applicable State requirements for streamlined ministerial review. City Council review shall include review of the Community Development Director’s determination as outlined in subsection B above. Furthermore, the City Council’s review under this process shall be objective and strictly focused on the project’s compliance with the criteria required for a streamlined project pursuant to the California Government Code Sections 65913.4 and 65912.100, and consistency with City reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project, which have been adopted prior to the applications submittal to the City and are applicable to other developments within the City.

The City Council’s review and a final determination on whether an application complies with the criteria under California Government Code Sections 65913.4 and 65912.100, and the reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal.

The City Council’s ministerial review and public oversight process shall not in any way inhibit, chill or preclude the ministerial approval of the project if it is in compliance with criteria specified in Government Code Sections 65913.4 and 65912.100, and consistent with the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

D. SUBMISSION OF APPLICATION AND PAYMENT OF FEES

Application for development projects submitted pursuant to California Government Code Sections 65913.4, 65812.100, and other projects requiring streamlined ministerial review shall be made as follows:

1) On forms furnished by the Community Development Director.

2) Signed by the owner of the property or his duly authorized agent and sworn to by declaration or before a notary public.

3) Filed with the Community Development Director.

4) Submitted with the City SB 35 or AB 2011 Checklist Application as may be amended from time to time to comply with changes to applicable State law.

5) Submitted with a payment of applications fees based on the City adopted fee schedule.

6) Submitted with a Phase I Environmental Site Assessment (ESA) for sites identified by the Burbank Fire Department (the Fire Marshal) as having a history of hazardous materials use or storage and any associated follow-up environmental site assessment. Developer shall be responsible for any cost related to third party review of Phase I ESA.

7) When the Phase I ESA recommends further study including preparation of a Phase II ESA or any additional environmental site assessments, the developer shall submit the additional studies as a part of the application. The developer shall be responsible for any and all cost related to third party review of additional environmental documents.

E. NOTICE OF PUBLIC HEARING

The public hearing on an application hereunder shall be scheduled within the time frames provided for in subsection C, above. The City Clerk shall give notice of the hearing as follows:

1) Notice of the hearing shall contain the date, time and place of the hearing and the location and proposed development project seeking City approval.

2) Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

3.) Notice shall also be mailed, postage prepaid, at least ten (10) business days before the hearing to owners of property and occupants within a radius of 1,000 feet of the exterior boundaries of the property of the proposed development project.

F. MODIFICATION

Applicant can request modification of approval after ministerial review and approval but prior to issuance of final building permit pursuant to California Government Code Section 65914.3, subsection (g). If the modification request falls within the parameters in Section 65913.4, subsection (g), (3)(A) or (B)1, then such modification shall be subject to review pursuant to Subsections B-E, above. Otherwise, the modification shall be reviewed by the Community Development Director to confirm compliance with California Government Code Section 65913.4. [Added by Ord. No. 22-3,964, eff. 2/4/22; amended by Ord. No. 23-3,995, eff. 7/7/23; 23-3,993.]

10-1-19303: CHANGES TO STATE LAW:

Notwithstanding any of the foregoing, any future amendments to Government Code Sections 65913.4 and/or 65912.100 or the Guidelines that conflict with any provision of this Division 12 shall supersede the conflicting provision in Division 12. [Added by Ord. No. 22-3,964, eff. 2/4/22; amended by Ord. No. 23-3,995, eff. 7/7/23; 23-3,993.]

Division 13. Indemnification

10-1-19400: PURPOSE

A. The purpose of this provision is to establish indemnity requirements on discretionary, administrative, and ministerial land use and entitlement applications and environmental determinations to ensure that the City of Burbank is held harmless from damages, liabilities, and costs associated with a legal challenge to a City land use action. [Added by Ord. No. 24-4,015, eff. 10/25/24]

10-1-19401: INDEMNIFICATION AGREEMENTS ON LAND USE APPLICATIONS, ENTITLEMENT APPLICATIONS, AND ENVIRONMENTAL DETERMINATIONS

A. At the time of submitting a discretionary, administrative, or ministerial land use and entitlement application for private projects and developments subject to the requirements of this chapter, and/or for environmental determination under the California Environmental Quality Act or National Environmental Policy Act, the applicant shall agree that the applicant, including their successors and assignees, will defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding brought against the City, its agents, officers, or employees to attack, set aside, void or annul any such approval of the City, or any action taken to provide an environmental determination under the California Environmental Quality Act or National Environmental Policy Act by its agents, officers, employees, agencies, commissions, or City Council. The indemnification shall include damages awarded against the City, if any, cost of suit, attorney’s fees, administrative expenses, and other costs and expenses incurred in connection with such action, including, but not limited to, all such City costs and expenses incurred by enforcing this indemnification provision. Such indemnification agreement shall be subject to the approval as to legal form by the City Attorney. This duty to defend, indemnify, and hold harmless the City and its agents, officials and employees shall also be placed as a condition of approval for all such permits, entitlements, and approvals whether or not expressly set forth in such permit, application, entitlement, or approval, and shall apply even if the applicant fails or refuses to enter into the indemnification agreement. [Added by Ord. No. 24-4,015, eff. 10/25/24]

10-1-19402: LEGAL CHALLENGES

A. If a claim, action or proceeding described in subsection A of section 10-1-19401 is brought, the City shall promptly notify the applicant of the existence of the claim, action or proceeding and the City will cooperate fully in the defense of such claim, action or proceeding. Nothing in this section shall prohibit the City from participating in the defense of any claim, action or proceeding. In the event that the applicant is required to defend the City in connection with any such claim, action or proceeding, the City shall retain the right to: (1) approve the counsel to so defend the City; (2) approve all significant decisions concerning the manner in which the defense is conducted; and (3) approve any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in such defense, except that the City agrees to cooperate with the applicant in the defense of such claim, action or proceeding. [Added by Ord. No. 24-4,015, eff. 10/25/24]