Amendments to the City’s
Streamlined Ministerial Review and
Public Oversight Process for
Development Projects Under
Senate Bill 35 and
Assembly Bill 2011
CITY COUNCIL
May 16, 2023
COMMUNITY
DEVELOPMENT
Background
• January 4, 2022: Council adopted an ordinance establishing a two-step ministerial review and public oversight process for Senate Bill (SB) 35 applications.
• October 25, 2022: Council directed staff to bring back the existing streamlined ministerial review/public oversight process for the new Council’s review and consideration.
• Similar to SB 35, Assembly Bill (AB) 2011
allows streamlined, ministerial review
process for housing projects in commercial
zones and corridors that meet certain
objective standards, affordability, and site
criteria.
Background
• SB 35 and AB 2011 incorporate similar streamlined
ministerial review processes.
• The proposed Zone Text Amendment (ZTA) and Ordinance
amends the City’s existing ministerial review and public oversight process for SB 35 applications.
• The Ordinance will implement a streamlined, ministerial review process and public oversight process for AB 2011 applications submitted pursuant to Government Code
Section 65912.100.
SB 35 - Overview
• Multifamily projects with two or more units
o Must meet certain specified criteria
o Processed through a streamlined, ministerial approval process • Allows development on sites with general plan designation or zoning for residential use or mixed-use development. • Applies to cities that have not made sufficient progress towards meeting their Regional Housing Need Assessment
(RHNA) allocation.
• The City only issued 26% of permits against its fifth cycle (2014-2021) RHNA allocations.
o The City is subject to the requirements of SB 35
SB 35 Streamlined, Ministerial Review Process
• Applicant submits NOI
Application
• Tribal Consultation
• NOI process is complete
once Tribal Consultation
process is concluded
90 days/180
days timeline
• Applicant can submit SB
35 application once NOI
is complete
• Ministerial review of
objective standards
• Optional Public oversight
process/Ministerial
Design Review
Step 1. Notice of Intent
(NOI) Application
Step 2. SB 35/ Streamlined
Ministerial Review
Application
30-30-30 days
timeline
60 days/90 days
timeline
AB 2011 - Overview
Affordable Housing and High Road Jobs Act of 2022
• Allows streamlined, ministerial review for multifamily housing development with five or more units on
commercially zoned sites & along commercial corridors
• Eligible projects are required to meet certain criteria for:
o Site Eligibility
o Affordability
o Objective Standards
A proposed ZTA updating objective standards for all multi-family housing and mixed-use projects in non-residential zones will be considered at the May 23, 2023 Council meeting.
AB 2011 - Overview
• AB 2011 projects are CEQA Exempt
• Tribal consultation not required
• Phase I Environmental Analysis
o Required for project sites based on applicable Local
and/or State provisions
AB 2011 Streamlined, Ministerial Review Process
90 days for 150 or less units /180 days for more than
150 units
Ministerial review of site eligibility, affordability, & objective standards 60 days for 150 or less units/90 days for more than 150 units
Streamlined Ministerial Review Application submitted for AB 2011 Optional Public oversight process/
Ministerial Design Review
Current City Streamlined, Ministerial Review Process for SB 35 Applications
Within 60/90 days
Council ministerial
design review of Project
Step 1. Notice of Intent
(NOI) Application
Step 2. SB 35 Application
Applicant submits NOI
Application
Within 60
days
30-30-30 days
timeline
Council review of
NOI for verifying
site eligibility
Tribal
Consultation
NOI process is complete
once Tribal Consultation
process is concluded
Applicant submits SB 35
application
Director’s determination of a
project’s consistency with
objective standards
Within 90/180 days of
receipt of application
Proposed Changes to the City’s Streamlined, Ministerial Review Process
Director’s determination of a
project’s consistency with
objective standards
Council ministerial
design review of Project
Step 1. Notice of Intent
(NOI) Application (SB 35
Projects)
Step 2. Streamlined
Ministerial Review
Applications
Applicant submits NOI
Application
Within 60/90 days
30-30-30 days
timeline
Tribal
Consultation
NOI process is complete
once Tribal Consultation
process is concluded
Applicant submits application
Within 90/180 days of
receipt of application
Proposed Changes to the City’s Streamlined, Ministerial Review Process
• Update list of items required as part of a streamlined ministerial review application, including SB 35 and AB 2011 applications • Phase I Environmental Site Assessment (ESA)
o Required for sites identified by the Burbank Fire Department as having a history of hazardous materials use or storage
• Phase II ESA or any additional environmental site assessments will be required, if Phase 1 ESA recommends further analysis.
The developer will be responsible for all City incurred costs for review of ESAs
Conclusion
• The purpose of SB 35 and AB 2011 is to streamline the development review process to encourage housing
production.
• The proposed Ordinance will establish a City streamlined ministerial review process for housing development
projects as mandated under State law, including SB35
and AB2011 projects.
• The proposed Ordinance will ensure City’s compliance
with State mandated streamlined ministerial review.
process
Recommendation
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
required by the State law, including Government Code
Sections 65913.4 (SB 35) and 65912.100 (AB 2011)
Contact:
Shipra Rajesh
Senior Planner
Srajesh
@burbankca.gov
(818) 238-5250
COMMUNITY
DEVELOPMENT