MEMORANDUM
CITY OF BURBANK
CITY ATTORNEY'S
OFFICE
DATE: December 13, 2022
TO: Honorable Mayor and City Council Members
FROM: Lisa Kurta, Senior Asiant Cly Atomy Ma Ki
SUBJECT: Agenda Item No. 15 - Consideration and Adoption of an Urgency Ordinance Establishing Interim Modifications to the Existing Development Standards for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in All Single-Family and Multi-Family Residential Zones to Allow the City Time to Study and Consider Enactment of Zoning Measures to Ensure Consistency with Changes to Government Code Sections 65852.2 and 65852.22.
The proposed Urgency Ordinance for this matter has been revised to include the California Environmental Quality Act (CEQA) determination in the body of the Urgency Ordinance. The additions to the Urgency Ordinance are as follows:
"Section 11. Environmental Review. Pursuant to Section 21080.17 of the California Public Resources Code (PRC), this Urgency Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA).
Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (the state ADU law). The Urgency Ordinance implements Government Code Sections 65852.2 and 65852.22 within the City of Burbank in a manner that is consistent with the requirements of state law. As such, the adoption of this Urgency Ordinance is exempt from CEQA.
Section 11 12. Effective Date. Based on the findings contained herein, the staff report, and other written evidence and testimony concerning this Urgency Ordinance, the Council declares this Urgency Ordinance is necessary as an emergency measure to preserve the public peace, 1 health, safety and welfare. As such, this Urgency Ordinance shall be introduced, passed, and adopted at one and the same meeting and shall become effective immediately upon a 4/5ths vote the Council, and shall expire and be of no further force and effect after forty-five (45) days from the date of its adoption, unless further extended on or before this forty- fifth (45th) day."
Attached is a final version of the proposed Urgency Ordinance. 2