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Eff.: ORDINANCE NO. ____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK
AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO ESTABLISH
THE STREAMLINED MINISTERIAL REVIEW AND PUBLIC OVERSIGHT PROCESS FOR SENATE BILL (SB) 35 APPLICATIONS SUBMITTED
UNDER THE STREA MLINED MINISTERIAL APPROVAL PROCESS
PURSUANT TO GOVERNMENT CODE SECTION 65913.4.
(Zone Text Amendment No. 21-02; Project No. 21-0006181)
City Attorney’s Synopsis
This Ordinance amends Title 10 of the Burbank Municipal Code to establish a streamlined ministerial review and public oversight process for multifamily housing development projects submitted in compliance with Senate Bill 35, codified as Government Code Section 65913.4.
THE CITY COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES AND DECLARES THAT:
A. California Senate Bill 35 (“SB 35”) (Government Code Section 65913.4) was signed by Governor Jerry Brown on September 29, 2017 and became effective January 1, 2018. SB 35 applies to cities and counties that have not made sufficient progress toward meeting their affordable housing goals for above- moderate and lower income levels as mandated by the State. SB 35 requires cities and counties to streamline the review and approval of certain affordable housing projects by providing a ministerial process.
B. Through 2020, the City of Burbank had issued 697 building permits for housing units or 26 percent out of the City’s 2,684 Regional Housing Needs Assessment (RHNA) allocation. Pursuant to the requirements under SB 35, the City did not have at least 50% permitting progress for an applicable income category as noted in the City’s RHNA allocation and therefore is subject to SB 35 (Government Code Section 65913.4).
C. During the past six months, the City has received two proposed developments under SB 35.
D. On August 24, 2021, the City Council considered a report and overview of the SB 35-Streamlined Ministerial Approval Process describing the requirements for how the City must review and approve SB 35 applications.
E. After considering the staff presentation, written materials , public comments and deliberation, the City Council directed staff to prepare a City ordinance that would establish a ministerial review and public oversight process that provides for the City Council review and final approval of SB 35 applications pursuant to the requirements in California Government Code Section 65913.4.
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F. On November 16, 2021, the Council studied the proposed Zone Text Amendment No. 21-02, Project No. 21-0006181 and this Ordinance pursuant to Burbank Municipal Code Section 10-1-1985.
G. On December 7, 2021, the City Council considered a second reading of the Ordinance. After discussion, the City Council voted to amend the Ordinance and provide for City Council review of proposed applications submitted under the SB 35 Streamlined Ministerial Approval Process.
H. The Council considered the report and recommendations of the Community Development Director and the evidence presented at such meeting.
I. The City Council has determined that it will conduct the final review and approval of SB 35 applications to ensure the project’s compliance with the criteria required for a streamlined project pursuant to the California Government Code Section 65913.4 and consistency with City objective zoning standards, objective subdivision standards, and objective design review standards applicable to projects filed under SB 35.
J. Based on the above recitals the Counci l finds it is necessary to adopt an ordinance that establishes a City streamlined ministerial review and public oversight process for SB 35 applications submitted pursuant to Government Code Section 65913.4.
This Ordinance shall be applicable to all pending and future applications submitted pursuant to Government Code Section 65913.4.
K. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City Council in the exercise of its independent judgment finds that the adoption of the proposed ordinance to establish the streamlined ministerial review and public oversight process for SB 35 applications is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The City Council has determined that the adoption of this ordinance , which establishes review procedures for eligible project applications and designates the appropriate decision-making body pursuant to Government Code Section 65913.4(d), will not have a significant environmental effect and therefore, adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR § 15061(b)(3)).
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.
2. Section 10-1-1908 of the Burbank Municipal Code, entitled “Purpose”, is amended as follows:
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
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development, promote or derly, 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 i nput, 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 nei ghborhoods, 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 , e xcept as provided by section 10- 1-1909.E. and Article 19, Division 12, commencing with Section 19300 etc. seq., all Projects in the fourth category are processed through a ministerial Development Review process.
3. Section 10- 1-1909 of the Burbank Municipal Code, entitled “Submission of Development Review”, is amended by adding subsection E as follows:
E. STREAMLINED MINISTERIAL APPROVAL PROCESS
Development projects submitted pursuant to California Government Code Section 65913.4, as may be amended from time to time, 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.
4. Article 19 of the Burbank Municipal Code , entitled “Zoning Procedures and Amendments”, is amended to include a new Division 12 as follows:
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, a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval
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process provided by California Government Code Section 65913.4 and not 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 (California Government Code Section 65913.4(d)).
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 SB 35 applications pursuant to the requirements in California Government Code Section 65913.4.
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 section 65913.4 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 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 th e time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.
“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.
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.
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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, as such procedures may be amended from time to time, and as further set forth in this Division 12.
A. GENERAL PROVISIONS
B. A. NOTICE OF INTENT TO SUBMIT AN 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) The Community Development Director shall submit the NOI to the City Council within sixty (60) days of receipt of the NOI for City Council consideration of site eligibility requirements as noted in Section 65913.4, subsections (a)(2)(A-C).
(1) (4) After completing the Notice of Intent 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 a building permit application and 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 application submitted hereunder and determine if the 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 consist ing 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
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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 provide for in subsection C, below, under California Government Code Section 65913.4(d).
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 Section 65913.4(d). City Council review shall include review of the Community Development Director ’s determination as outlined in subsection B above.
Furthermore, the City Council’s re view 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 Section 65913.4 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 Section 656913.4 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 Section 65913.4 and consistent with the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.
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D. SUBMISSION OF APPLICATION AND PAYMENT OF FEES
Development projects submitted pursuant to California Government Code Section 65913.4 must submit the following materials to the Community Development Department’s Planning Division:
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 Checklist Application as may be amended from time to time to comply with changes to applicable State law. 5) Payment of applications fees based on the City adopted fee schedule.
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.
1 Gov't Code § 65913.4, (g) (3) (A) The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent or more… (B) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in eff ect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
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10-1-19303: CHANGES TO STATE LAW
Notwithstanding any of the foregoing, any future amendments to Government Code Section 65913.4 or the Guidelines that conflict with any provision of this Division 12 shall supersede the conflicting provision in Division 12.
5. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
6. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this ____ day of _____________________, 2022.
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Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________________ By: _________________________ Zizette Mullins, MMC, City Clerk Joseph H. McDougall City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. ___________ was duly and regularly passed and adopted by the Council of the City o f Burbank at its regular meeting held on the ____ day of _______________________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on ______, 2022.
____________________________
Zizette Mullins, MMC, City Clerk