STAFF REPORT
DATE: May 23, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Asst. Community Development Director – Planning Scott Plambaeck, Planning Manager
BY: Shipra Rajesh, Senior Planner
SUBJECT: Adoption of an Urgency Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process When Required by State Law, including Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011)
RECOMMENDATION
Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BURBANK TO AMEND THE STREAMLINED MINISTERIAL REVIEW AND PUBLIC
OVERSIGHT PROCESS FOR DEVELOPMENT PROJECTS SUBMITTED UNDER THE
STREAMLINED MINISTERIAL APPROVAL PROCESS WHEN REQUIRED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTIONS 659 13.4 (SB 35) and 65912.100 (AB 2011). (Attachment 1)
BACKGROUND
On May 16, 2023, the City Council introduced 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 STATE LAW, INCLUDING GOVERNMENT CODE SECTIONS 65913.4 (SB 35) and 65912.100 (AB 2011).
The above- referenced Ordinance was introduced following a properly noticed public hearing at a regular City Council meeting on May 16, 2023 (Atta chment 2). During the hearing, the City Council deliberated on the urgency of adopting the proposed Ordinance to establish objective standards man dating Environmental Site Assessment studies for potential development sites in the City that have a history of hazardous substance use for preserving public health, safety, and welfare. After deliberations, the City Counci l
COMMUNITY
DEVELOPMENT
2 voted 5-0 to approve the 1st reading of the proposed Ordinance with a second reading of the Ordinance scheduled for June 6, 2023. If approved upon the second reading then the proposed Ordinance and resulting regulations would become effective 31 days thereafter on July 7, 2023.
Further, to ensure presence of objective standards mandating environmental assessment for certain potential development sites within the City in the interim period from the introduction of the Ordinance until it becomes effective, Council Member Takahashi requested that staff bring back the proposed Ordinance as an urgency Ordinance at the City Council meeting on May 23, 2023 (Attachment 1). The following findings have been incorporated into the Urgency Ordinance:
J. Burbank has a long history of industrial manufacturing uses associated with its former local aerospace industry that used and stored hazardous materials. While many of these sites used and/or stored hazardous materials, very few sites (comparatively) are formally listed on the Cortese hazardous waste li st or have recorded land use restrictions that make them ineligible as housing development sites under Government Code Section 65913.4. As well, some sites have received “no further action” letters from regulatory agencies, yet may experience contaminated soil vapor rebound which could pose a risk to future residential development if not properly identified and mitigated. The City Council, therefore, finds it necessary and urgent to establish objective standards mandating Environmental Site Assessment studies for potential residential development in the City at sites with a history of hazardous substance use or storage, to preserve the public health, safety, and welfare of future residents living in dwelling units constructed on such sites.
K. The extr emely short ministerial application processing timelines under Government Code Section 65913.4 necessitate adoption of the Environmental Site Assessment objective standards as an urgency ordinance to ensure SB 35 applicants at sites with a history of hazardous materials usage or storage provide the requisite studies to identify potential contamination and any appropriate health protective mitigation measures. Failure to adopt this ordinance as an urgency measure would delay the application of this new objective standard and could permit some projects to be developed without assessing risks from hazardous materials contamination to future residents at sites with a history of hazardous materials usage or storage.
The Urgency Ordinance (Attachment 1) is being presented to the City Council for consideration to adopt as an urgency measure to protect the public health, safety, general welfare, and convenience pursuant City Charter Section 500. Any delay in implementation of these new streamlined ministerial design review procedures that includes the proposed environmental site assessment studies as application submittals has the potential to allow 3 future development under the state- mandated streamlined ministerial design review process that could allow future housing of individuals on sites with hazardous site conditions that would need to get mitigated through environmental remediation, including but not limited to project design features that comply with local, state and federal requirements.
ATTACHMENT
Attachment 1 – Draft Urgency Ordinance
Attachment 2 – Staff Report and Attachments from May 16, 2023, City Council Hearing