1 MEMORANDUM
DATE: May 11, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director BY: Katie Picha, Administrative Officer
SUBJECT: May 16, 2022 City Council Meeting Agenda Public Hearing – Introduction of an Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process Pursuant to Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011)
This memo is to update the Staff Report, Attachment 1 (Draft Ordinance), and Attachment 2 (Redlined Ordinance) regarding the May 16, 2023 City Council Regular Meeting Agenda Introduction of an Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process Pursuant to Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011).
Below are the changes to the Staff Report:
• T itle of the staff report has been updated to include “State Law” as shown in red text below.
Introduction of an Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process Pursuant to State Law, including Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011)
• Under the “Discussion” section, following sub-sections were updated by adding a sentence to capture all the projects the require streamlined ministerial review process under State law, as indicated in red text.
o AB 2 011 Stre amlined, Ministerial Review Process:
AB 2011, also known as the Affordable Housing and High Road Jobs Act of 2022, allows streamlined, ministerial review for a housing development that meets certain objective
COMMUNITY
DEVELOPMENT
2 standards, and affordability and site criteria, on commercially zoned sites where office, retail, or parking uses are permitted by right (Attachment 5). Development projects submitted under AB 2011 will undergo a preliminary review for analysis of site eligibility as well as a project’s compliance with specified objective standards and affordability requirements. Once a project is determined to comply with the specified objective standards, affordability criterion, and site eligibility requirement specified in Government Code Sections 65912.111 through 65912.113 and 65912.121 through 65912.123, it will be eligible for a streamlined, ministerial review and public oversight process pursuant to Government Code Sections 65912.114 and 65912.124, that is similar to the SB 35 streamlined, ministerial review process codified in Government Code Section 65913.4.
In addition to providing for a streamlined, ministerial review and public oversight process for SB 35 projects, the proposed Ordinance will also implement a streamlined, ministerial review process and public oversight process for AB 2011 applications submitted pursuant to Government Code Section 65912.100, and any other streamlined ministerial review required by State law.
o Proposed Changes to the City’s SB 35 Streamlined, Ministerial Review Process:
Per the City Council’s direction to bring back the City’s streamlined, ministerial review process for SB 35 applications for further consideration, Ordinance No. 22- 3,964 has been updated to amend the existing process. The updates include amendment to the existing two-step Council review process as well as inclusion of standards that require additional environmental assessment for certain sites. Additionally, recognizing that both SB 35 and AB 2011 incorporate similar streamlined, ministerial review process f or qualifying housing projects (as codified in Government Code Sections 65913.4, 65912.114, and 65912.124), the proposed Ordinance includes text to implement a streamlined, ministerial review process and public oversight process for all streamlined ministerial review required by State law, including AB 2011 applications submitted pursuant to Government Code Section 65912.100.
o 3)Update to Section 10-1- 19302(B): Community Development Director Determinations; & Section 10-1-19302 (C): City Council Ministerial Design Review/Public Oversight:
Sections 10-1- 19302 (B) & (C) contain the streamlined, ministerial review and public oversight process for SB 35 development projects. These Sections are being amended to include reference to California Government Code Sections 65912.114 and 65912.124, to implement a streamlined, ministerial review and public oversight process for AB 2011 development projects. The proposed update will amend the code to expand the scope of the City’s streamlined ministerial review process, which would apply to all AB 2011 projects in addition to SB 35 projects. Moreover, the proposed Ordinance will require Council to undertake a ministerial review process for final approval of projects requiring streamlined ministerial review, including both SB 35 and AB 2011 projects.
3 • Under the “Discussion” section , bullet number 2) of sub-section SB 35 Streamlined, Ministerial Review Process , the phrase “ preparation of enforceable agreement” was updated to “execution of enforceable agreement” as shown in red text below.
2. SB 35 Application for a Streamlined Ministerial Approval process:
After completing the NOI Application, which includes the Tribal Consultation process and the execution of enforceable agreement(s) with each of the responding tribes and the City, an applicant may submit a SB 35 project application for City’s ministerial review.
• Under the “Discussion” section , sub-section no. 4) Update to Section 10-1- 19302(D): Submission of Application and Payment of Fees, the phrase “approval of NOI” was updated to “completion of NOI” as shown in red text below. 4) Update to Section 10-1-19302(D): Submission of Application and Payment of Fees:
The Section has been amended to update the list of documents that an applicant will be required to submit along with a SB 35 application after completion of NOI and completion of Tribal Consultation. Per the proposed update an applicant will be required to submit Phase I Environmental Site Assessment (ESA) if a site is identified by the Burbank Fire Department (the Fire Marshall) as having a history of hazardous materials use or storage and any associated follow -up environmental site assessment during NOI s ite eligibility review. Further, if Phase 1 ESA recommends further analysis, including preparation of a Phase II ESA or any additional environmental site assessments, the developer will be required to submit the additional environmental site assessment stu dies as a part of the application. Moreover, the developer will be responsible for any and all cost related to third party review of these additional environmental site assessment documents.
• “Environmental Assessment” section was updated to remove reference to Section 15061(b)(3) of the State CEQA Guidelines. The proposed Ordinance is exempt from CEQA pursuant to Government Code Sections 65912.114(o) and 65912.124(o), which states that Ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code and therefore, the proposed Ordinance is exempt from CEQA.
Below are the changes to Attachment 1 & Attachment 2:
• Title of the Ordinance has been updated to include “When required by State law”, as shown in red text below.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO AMEND THE STREAMLINED MINISTERIAL
REVIEW AND PUBLIC OVERSIGHT PROCESS FOR APPLICATIONS SUBMITTED
UNDER THE STREAMLINED MINISTERIAL APPROVAL PROCESS WHEN 4 REQUIRED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTIONS 65913.4 and 65912.100. (Project No. 23-0001259)
• City Council Findings “G” and “H” have been updated to capture all the projects where State law requires a streamlined ministerial review process, as indicated in red text below.
G. This Ordinance will amend the existing City streamlined ministerial review and public oversight process for SB 35 applications submitted pursuant to Government Code Section 65913.4 by establishing City planning staff review of site eligibility on receipt of a NOI to submit a SB35 application, while maintaining the City Council ministerial design review for final approval of SB 35 applications. Additionally, the Ordinance will implement a streamlined, ministerial review process and public oversight process, which includes final review and approval consideration by the City Council for any project where the State mandates streamlined ministerial review, including AB 2011 applications submitted pursuant to Government Code Section 65912.100.
H. This Ordinance shall be applicable to all pending and future applications submitted pursuant to Government Code Sections 65913.4 and 65912.100, or any other project for which State law mandates streamlined ministerial review.
• Finding “I” was removed from the City Council Findings, because the proposed Ordinance is exempt from CEQA pursuant to Government Code Sections 65912.114(o) and 65912.124(o), which states that Ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code and therefore, the proposed Ordinance is exempt from CEQA.
• The amendments to the code sections have been updated by adding a sentence “projects requiring streamlined ministerial review, including SB 35 and AB 2011” to capture all the projects where State law requires a streamlined ministerial review process, in addition to California Government Code Sections 65913.4 and 65912.100.
• Titles for Burbank Municipal Code sections 10-1- 19302 B, C, and D, have been updated by removing reference to SB 35 and AB 2011, as indicated below in red text, to capture all the projects where State law requires a streamlined ministerial review process.
B. COMMUNITY DEVELOPMENT DIRECTOR DETERMINATIONS FOR SB 35 AND AB 2011 APPLICATIONS
5 C. CITY COUNCIL MINISTERIAL DESIGN REVIEW/PUBLIC OVERSIGHT FOR SB 35 AND AB 2011 APPLICATIONS
D. SUBMISSION OF APPLICATION AND PAYMENT OF FEES FOR SB 35 AND AB 2011 APPLICATIONS
ATTACHMENTS
Attachment 1 – Staff Report
Attachment 2 – Draft Ordinance
Attachment 3 – Redline Ordinance