STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 7, 2022
P
atrick Prescott, Director
Community Development Department
City of Burbank
150 N. Third St.
Burbank, CA 91502
D
ear Patrick Prescott:
RE: B
urbank 6th Cycle (2021-2029) Revised Draft Housing Element T
hank you for submitting the City of Burbank (City) revised draft housing element received for review on August 18, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft element, incorporating the revisions submitted, meets the statutory requirements of State Housing Element Law, as described in HCD’s June 3, 2022, review. The housing element will comply with State Housing Element Law (Article 10.6 of the Gov. Code) when it is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.
Please be aware this finding of compliance is separate from active enforcement action happening pursuant to the Notice of Violation issued on May 24, 2022. In addition, as several of the identified sites have projects that have indicated the intent to file a Streamlined Ministerial Permit pursuant to Government Code section 65913.4 (SB 35, Statutes of 2017), the City must monitor these applications as they are processed and ensure the City applies SB 35 in an objective and barrier-free manner, consistent with state law.
For your information, pursuant to Senate Bill 197 (Chapter 70, Statutes of 2022), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), the City’s adopted element must be found in compliance by October 15, 2022 to maintain its scheduled rezone deadline of July 2023 (Program 5). If the element is not found in compliance by October 15, 2022, HCD cannot find the element in compliance until the rezoning is complete.
ATTACHMENT 9-1
Patrick Prescott, Director
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
HCD appreciates the hard work you and your staff, and Karen Warner, the City’s consultant provided in the preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact me at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
ATTACHMENT 9-2