ARTICLE 20. RESIDENTIAL GROWTH MANAGEMENT

10-1-2001: PURPOSE AND INTENT:

A.    FINDINGS.

1.    The City of Burbank has an adopted General Plan and City ordinances relating to the regulation of residential development. The Council has adopted a revised Land Use Element and is currently reviewing and considering a Circulation Element for the City; in addition, the council is reviewing and considering a specific plan for the Media District planning area of the City.

2.    The City of Burbank is experiencing a period of intense residential development which is affecting a gradual deterioration in the quality of life within the City. Factors contributing to this deterioration in the quality of life for residents of the City of Burbank are as follows:

(i)    Traffic congestion;

(ii)    Loss of open space land;

(iii)    Overburdening of necessary or desirable services and facilities of the City of Burbank, including, but not limited to, power, sewer, water, streets, public parking, parks, recreation services, libraries and library services, police services, fire services, and paramedic services;

(iv)    Higher utility rates to subsidize growth;

(v)    Increased air, groundwater, and noise pollution; and

(vi)    Crowding, congestion, and increased crime.

3.    The proposed buildout of the City’s Circulation Element of the General Plan cannot accommodate the corresponding buildout of the existing Land Use Element as evidenced in part by the studies conducted in conjunction with the proposed specific plan for the Media District planning area.

4.    The ongoing intense residential development and resultant deterioration in the quality of life are causing a loss of the residents’ belief and confidence in their ability to control the future of their City.

5.    There is a need for greater predictability and stability in the planning process.

6.    It is the desire of the residents of the City of Burbank to preserve stable neighborhoods and the existing scale of residential development and construction in the community.

7.    The adopted Land Use Element of the City of Burbank provides all property owners with a reasonable use of their property.

8.    The adopted Land Use Element and Housing Element provide for an adequate variety and number of additional housing units to provide for the City’s fair share of regional housing needs between the effective date of this article and January 1, 1994.

B.    INTENT.

1.    It is the intent of the Electors of the City of Burbank that the rate of residential growth be coordinated with the availability of sufficient public facilities and services in order that the services provided by the City can be properly and effectively staged to avoid overextending of existing facilities, and in order that efficient services may be brought up to required and necessary standards while minimizing, by means of long-range planning, the avoidable cost of short-sighted facility expansion. Coordination of residential growth with the availability of public facilities and services will assure that the City can develop the necessary street improvements, fire stations, sewer capacity, water system, electric system, parks and recreational and library facilities necessary to provide existing and future residents with at least the same level of service or if practicable, improved levels of service.

2.    It is also the intent of the Electors of the City of Burbank to establish control over the quality and distribution of growth of the City in order to:

(i)    Preserve the stable neighborhoods and the existing scale of development in areas of the community;

(ii)    Preserve the open space of the City;

(iii)    Provide a suitable living environment for all citizens and residents of the City;

(iv)    Ensure the adequacy of municipal, utility, recreation, park and library facilities and services;

(v)    Facilitate a balance of housing types and values in the City that will accommodate the housing needs of all economic segments, including families of low and moderate income, and older families on limited and fixed incomes;

(vi)    Ensure the balanced development of the City;

(vii)    Prevent future significant deterioration in the local air quality;

(viii)    Ensure that the traffic demands do not exceed the capacity of streets that are in character with the City’s single-family character;

(ix)    Ensure that the City does not grow in a pattern that places severe strain on local street and freeway systems;

(x)    Ensure the adequacy of fire protection and paramedic services;

(xi)    Ensure the adequacy of police protection; and

(xii)    Ensure adequate water, power, and sanitary sewer systems.

C.    OBJECTIVES.

The protection of the public health, safety, and general welfare requires the establishment of a residential growth management program to accomplish the following:

1.    Provide for a mechanism to coordinate growth over the period of the City’s General Plan and Land Use Element from the present through 2000.

2.    Provide for greater stability and predictability in provisions of the General Plan affecting residential development projects, and a greater degree of citizen control over the contents of the City’s General Plan.

3.    Augment the policies of the City of Burbank as recorded in the General Plan and City ordinances relating to the regulation of multi-unit residential development.

4.    Ensure the adoption of a Community Facilities Element of the General Plan which would establish City-wide public facility standards for development and establish specific performance criteria for the completion of public facilities within the City of Burbank in a manner consistent with the Land Use, Circulation, and Housing Elements of the General Plan.

5.    Ensure that no residential development will occur in the City of Burbank without appropriate assessment of its impacts on the community and adequate and timely provision for necessary public facilities and related services. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129).]

10-1-2002: MANDATORY VOTER APPROVAL FOR RESIDENTIAL DENSITY INCREASES:

A.    AMENDMENTS TO GENERAL PLAN PRIOR TO 1994.

To secure stability in the City’s ultimate population limit, and to allow an adequate opportunity to determine the adequacy of the provisions of the General Plan addressing residential density and the adequacy of the community facilities for a given level of residential development, the City shall not adopt, prior to January 1, 1993, any amendment to the text or any portion of the Land Use Element, as such Element exists on July 1, 1988, which increases the maximum allowable number of residential units which can be maintained and constructed in the City and the resultant population limit. No later than January 1, 1993, the Community Development Director shall prepare and submit to the Planning Commission and the City Council a report which analyzes residential development under the Land Use Element as such Element may exist as of July 1, 1988, and the extent to which the residential densities specified in the Land Use Element, and other provisions of the Element affecting residential development, are appropriate to serve the interest of the City and its residents over the succeeding four (4) years. The report shall also include any recommendations for modification of the residential provisions of the Land Use Element. After receiving the report, the Planning Commission and the City Council may consider and adopt modifications to the Land Use Element. Any amendments which are adopted by the Council shall be submitted to the voters for approval no later than December 1, 1993, and in any case shall become effective no earlier than January 1, 1994.

B.    AMENDMENTS TO GENERAL PLAN AFTER 1994.

Following voter action on any amendments in accordance with the preceding paragraph, the City shall not adopt further amendments which increase the maximum allowable number of residential units prior to January 1, 2000, and the Community Development Director shall prepare and submit a report no later than January 1, 1999, which analyzes residential development as a basis for consideration of any such amendments.

C.    DENSITY BONUSES.

Nothing in this section shall be deemed to affect or restrict the ability of the Council to provide density bonuses to low and moderate income multi-family development projects pursuant to the provisions of Government Code Section 65915 et seq., as such provisions may be amended from time to time. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129). Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-2003: COMMUNITY FACILITIES ELEMENT OF THE GENERAL PLAN:

The Community Development Director shall cause the preparation and submission to the Planning Commission and the City Council for review, consideration, and adoption of a Community Facilities Element of the General Plan by July 31, 1989. Such Element shall establish City-wide public facility standards for development approval and establish specific performance criteria for the completion of public facilities and provision of public services in the City. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129). Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-2004: COMPREHENSIVE DEVELOPMENT STANDARDS FOR MULTI-FAMILY RESIDENTIAL PROJECTS:

The Community Development Director shall cause the preparation of and submission to the Planning Commission and the City Council for review, consideration, and adoption of Comprehensive Development Standards for Multi-Family Residential Projects, by July 1, 1989. Such ordinance shall establish standards and criteria addressing at least the following attributes of such projects:

1.    Site and architectural design quality which may be indicated by the harmony of the proposed buildings in terms of size, height, tiering, setbacks, color, and location with existing neighborhood development.

2.    The amount and character of open space landscaping.

3.    Site and architectural design quality which may be indicated by the arrangement of the site for efficiency of circulation, on and off-site traffic safety, and privacy.

4.    The provision of public and/or private usable open space.

5.    Contributions to and extension of existing systems of foot or bicycle paths, equestrian trails, and facilities and/or greenbelts.

6.    The provision of needed public facilities, such as critical linkages in the major street system, schoolrooms, functional parks, or other vital public facilities.

7.    Site and architectural design quality which may be indicated by the amount in character of modification of the topography of the site.

8.    Absence of deleterious impact on trees and archeological sites.

9.    The provision of significant water conservation features.

10.    The provisions of energy generation and conservation features, such as additional insulation, housing siting and design, solar techniques and other innovative techniques.

11.    Absence of deleterious impact on the physical and/or aesthetic environment.

12.    Design and features which contribute significantly to the economic feasibility of producing housing at the lowest possible cost given economic and environmental factors, the public health, and safety, and the need to facilitate the development of housing for persons of low or moderate income. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129). Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-2005: INTERIM CRITERIA FOR MULTI-FAMILY RESIDENTIAL PROJECTS:

Pending preparation and adoption of the Comprehensive Standards specified in Section 10-1-2004, all multi-family residential projects in the City must be reviewed and approved as conditional uses. In addition to the usual criteria for conditional uses, the Planning Commission must find that the project is compatible with adjacent land uses in accordance with the criteria identified in Sec. 10-1-2004. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129). Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-2006: COMMUNITY IMPACTS ASSESSMENT AND STANDARDS FOR APPROVAL:

A.    INITIAL STUDY.

Any initial study or environmental impact report prepared in accordance with CEQA for a residential project shall include, in addition to other subjects required by CEQA, an assessment of the following community impacts:

1.    The consistency of the project with adopted City plans and policies;

2.    The impact of the project on public facilities and services;

3.    The financial impact to the City and its residents of providing facilities and services the need for which is generated by the new project, and extent to which these financial impacts will be met by the new project or imposed upon existing residents of the City;

4.    The compatibility of the project with the neighborhood in which it is located, in accordance with the criteria identified in Section 10-1-2004.

B.    COMMUNITY REVIEW.

Prior to approving any residential project, the Planning Commission must review the community impact analysis described above, and must find that:

1.    The Planning Commission has eliminated or substantially lessened all significant effects on the community identified in the analysis, where feasible, as shown in findings in accordance with Section 15091 of the CEQA Guidelines; and

2.    Determined that any remaining significant effects on the community found to be unavoidable are acceptable due to overriding concerns.

For purposes of this section, the requirement of findings regarding elimination or lessening on environmental effects and overriding concerns shall be implemented consistent with provisions of CEQA and the CEQA Guidelines. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129). Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-2007: AVAILABILITY OF PUBLIC FACILITIES AND SERVICES:

The Planning Commission shall examine each application for a residential development for its relation to, or impact upon, local public facilities and services, and shall approve any residential project only if it finds that the project is consistent with the Community Facilities Element. In particular, the Planning Commission shall consider:

1.    The capacity of the water system to provide for the needs of the proposed development without system extensions beyond those normally installed by the developer.

2.    The capacity of the sanitary sewers to dispose of the waste of the proposed development without system extensions beyond those normally installed by the developer.

3.    The capacity of the drainage facilities to adequately dispose of the surface runoff of the proposed development without system extensions beyond those normally installed by the developer.

4.    The ability of the Fire Department and the Police Department to provide fire protection, paramedic protection, and police services according to the established response standards of the City without the necessity of establishing new facilities or requiring addition of major equipment, housing facilities, or additional personnel.

5.    The capacity of major streets to provide for the need of the proposed development without substantially altering existing traffic patterns or overloading the existing street system.

6.    The availability of parks, playgrounds, and libraries to meet the additional demands for vital public services without extension of services beyond those provided by the developer. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129). Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-2008: EXEMPTIONS:

The provisions of this article shall not apply to the following residential projects:

1.    Construction of a single-family dwelling unit on a legally existing and appropriately zoned lot.

2.    Rehabilitation or remodeling of an existing dwelling, or conversion of apartments to condominiums, so long as no additional dwelling units are created.

3.    Any project for which site plan review has been completed and an application of a building permit has been filed with the City prior to February 28, 1989. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129).]

10-1-2009: AMENDMENTS:

The Council, after a public hearing, may only amend this article, or any provision thereof, by a majority vote of the Council. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129).]

10-1-2010: SEVERABILITY:

If any provision of this article, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129).]

10-1-2011: EFFECTIVE DATE:

Unless otherwise amended or extended by a majority vote of the Council, this article shall become inoperative at 12:01 a.m. on January 1, 2000. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129).]

10-1-2012: CONSISTENCY WITH ADOPTED PLANS AND POLICIES:

The Electors of the City of Burbank find that this article is consistent with the adopted General Plan, including without limitation the Land Use Element and Housing Element. To the extent this measure may be in conflict with any provision of the General Plan and the adopted elements, the provisions of this article shall control and this article shall be considered an amendment of such conflicting terms and provisions. [Adopted by voters at a Referendum Election held February 28, 1989, (Ord. No. 3129).]

10-1-2013: EXTENSION OF THE RESIDENTIAL GROWTH MANAGEMENT PROVISIONS (MEASURE ONE):

A.    FINDINGS.

(1)    On February 28, 1989, a Residential Growth Management Ordinance was adopted by voters and codified in Article 20, Sections 10-1-2001 through 10-1-2012, ("Measure One"). Section 10-1-2011, Article 20 was to become inoperative at 12:01 a.m. on January 1, 2000 unless amended or extended by a majority vote of the Council.

(2)    Through Ordinance No. 3533, the City Council extended Measure One through January 1, 2010 (“First Extension”). Through Ordinance No. 3770 the City Council further extended Measure One through January 1, 2020 (“Second Extension”).

(3)    Through Ordinance No. 19-3,929, adopted on December 30, 2019, the City Council extended Measure One until January 1, 2030 (“Third Extension”).

B.    EXTENSION OF VOTER APPROVAL FOR RESIDENTIAL DENSITY INCREASES.

(1)    Extension. In extending the portion of Measure One codified in Section 10-1-2002, the City shall not adopt prior to January 1, 2030 "...any amendment to the text or any portion of the Land Use Element, as such element existed on July 1, 1988, which increases the maximum allowable number of residential units which can be maintained and constructed in the City and the resultant population limit" [language from Section 10-1-2002, subsection (A)].

(2)    Status Report. A status report shall be presented to the City Council and Planning Commission by request of the Council or at any time deemed necessary by the City Planner which shall highlight any concerns about this measure, as extended, and propose any modifications as needed. No later than six months prior to the expiration date of Measure One, a status report shall be presented to the City Council that provides an update regarding ongoing development consistent with Measure One and the City’s Burbank2035 General Plan, including the Land Use and Housing elements. After receiving the report, and at any other time, the Planning Commission and the City Council may consider and adopt modifications to the Land Use Element.

C.    EFFECTIVE DATE.

Unless otherwise amended or extended by a majority vote of the Council, Article 20, as extended, shall become inoperative at 12:01 a.m. on January 1, 2030.

D.    EFFECT ON OTHER PROVISIONS.

Except for Section 10-1, 2002 (a) and (b) only, which has been set forth above in part, all other provisions of Article 20, Sections 10-1-2001 through 10-1-2012 shall remain applicable except to the extent that specific implementing ordinances have been adopted. [Added by Ord. No. 3533, eff. 1/8/00; Amended by Ord. No. 22-3,983, eff. 12/16/22; 19-3,929, 3770.]