1 STAFF REPORT
DATE: January 4, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director By: Fred Ramirez, Assistant Community Development Director – Planning Scott Plambaeck, Deputy City Planner
SUBJECT: Adoption of an Ordinance to Establish the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under Senate Bill 35-Streamlined Ministerial Approval Process (Government Code Section 65913.4)
RECOMMENDATION
Adopt 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) (Attachment 1).
SUMMARY
Council Action
On November 2, 2021, the City Council introduced 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 STREAMLINED MINISTERIAL APPROVAL PROCESS PURSUANT TO GOVERNMENT CODE SECTION 65913.4. (Zone Text Amendment No. 21- 02; Project No. 21-0006181).
COMMUNITY
DEVELOPMENT
2 Vote at first reading:
AYES: Schultz, Frutos, Anthony, and Talamantes.
NOES: Springer
ABSENT: None
On November 16, 2021, the City Council continued consideration of the second reading of the Ordinance to the next regularly scheduled meeting of December 7, 2021.
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 City Council the proposed applications submitted under the SB 35 Streamlined Ministerial Approval Process to review. Specifically, the City Council requested that the proposed Ordinance be updated to include City Council ’s review of a proposed application’s site eligibility requirements during the time that a Notice of Intent (NOI) to submit an SB 35 application is received by the City. Per City Council’s direction, the City Council would review an NOI submittal to confirm that the project meets all of the following criteria as noted in California Government Code Section 65913.4, subsections (a)(2)(A-C):
“(2) The development and the site on which it is located satisfy all of the following:
(A) It is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C) It is zoned for residential use or residential mixed- use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, and at least two- thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.”
3 Vote at second reading:
AYES: Springer, Frutos, and Talamantes
NOES: Schultz and Anthony
ABSENT: None
Proposed Changes
The following changes noted in strikethrough for deleted language and underline for new language have been included for consideration by the City Council as part of the second reading and adoption of the Ordinance:
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.
4 In addition, there was an edit in the second paragraph of Section C. CITY COUNCIL MINISTERIAL DESIGN REVIEW/PUBLIC OVERSIGHT to correct the noted government code section as follows:
“The City Council’s review and a final determination on whether an appli cation 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.”
FISCAL IMPACT
None.
CONCLUSION
Staff recommends City Council adopt the O rdinance to establish the S treamlined Ministerial Review and P ublic Oversight Process for SB 35 applications submitted and reviewed under the S treamlined Ministerial Approval Process pursuant to G overnment Code Section 65913.4. Staff’s proposed updates to the Ordinance are based on the City Council request to be included in the review of a proposed application’s site eligibility requirements during the time that a NOI to submit an SB 35 application is received by the City.
ATTACHMENTS
Attachment 1 – Proposed Ordinance
Attachment 2 – Ordinance with Track Changes