Attachment 1 — Burbank City Council, June 6, 2023

ATTACHMENT 1, PAGE 1

Eff.: ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK

MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN AND

DEVELOPMENT STANDARDS FOR MIXED- USE AND RESIDENTIAL -

ONLY PROJECTS IN NONRESIDENTIAL ZONES

(ZONE TEXT AMENDMENT, PROJECT NO. 23-0001258)

City Attorney’s Synopsis

This Ordinance amends the Burbank Municipal Code, Title 10, Chapter 1, by adding objective design and development standards for mixed -use and residential -only projects in nonresidential zones , updating the land use table to reflect where such uses are permitted, and making other minor clarifications in furtherance of these changes.

THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:

A. On September 28, 2022, Governor Gavin Newsom signed Assembly Bill 2011 (AB 2011), the Affordabl e Housing and High Road Jobs Act of 2022, into law amending California Government Code Sections 65400 and 65585, and adding and repealing Chapter 4.1 (commencing with Section 65912.100) of Division 1 of Title 7 of the Government Code, relating to housing. Amongst other provisions, AB 2011 makes certain affordable multifamily housing development projects a by-right use subject to streamlined, ministerial review on sites within a zone where office, retail or parking is the principally permitted use and for mixed- income housing along commercial corridors, if the projects meet specified affordability, labor, and environmental requirements. Qualifying projects are exempt from California Environmental Quality Act (CEQA) requirements and must be processed within 90 days for projects that have 150 housing units or less and within 180 days for projects that exceed 150 housing units. AB 2011 allows for jurisdictions to review these projects but limits the review to verification of compliance with objective design and development standards within that limited time frame. AB 2011 goes into effect on July 1, 2023.

B. Many properties in nonresidential zones in the City of Burbank will qualify as a potential site for an AB 2011 project. A project’s eligibility for streamlined, ministerial review is based on criteria such as: the subject site being zoned where office, retail or parking are permitted uses by right, the site’s distance from a freeway and oil or gas refinery, and whether it abuts a commercial corridor. Additionally, the width of the commercial corridor abutting the subject site and the site’s distance from a major transit stop may affect the maximum allowable density and height that is applicable to the project.

C. Most of Burbank’s properties are now potentially open to residential

ATTACHMENT 1, PAGE 2
development, and the current development standards for the zones where many of these properties are located are not well-suited for residential or mixed-use development. State laws already allow multifamily residential and mixed-use projects on properties that allow residential density pursuant to the Burbank2035 General Plan under Senate Bill (SB) 35 adopted in 2017. With the introduction of new State laws that require the streamlined and ministerial approval process for qualifying multifamily residential and mixed -use development projects, planning staff anticipates an increase in applications for all types of streamlined reviews throughout the City.

D. In the absence of a local ordinance or objective design or development standards, the City would have to approve projects that meet only minimal development standards. The State’s foremost priority, when passing AB 2011 and similar housing bills, was to meet the housing production goals and to alleviate California’s housing crisis.

These bills require that multifamily residential and mixed-use projects be approved if they meet certain eligibility criteria and meet the local objective design and development standards, without traditional notice to the public or rights to appeal the project. Community meetings, deliberations on design, findings of neighborhood compatibility, and debate by decision-makers are not intended to be part of the process for these streamlined ministerial projects.

E. This Ordinance will establish a more complete set of mixed- use and multifamily residential-only development and design standards that can be applied during a streamlined ministerial review process mandated by State law, as well as to mixed-use projects that are subject to the City’s discretionary review through a conditional use permit.

F. By adopting local objective design and development standards, the City will position itself to retain as much local control over future development as possible and preserve the public health, safety, and welfare by encouraging thoughtful neighborhood development, while continuing to comply with state preemption laws relating to housing.

G. Pursuant to AB 2011 (Government Code Sections 65912.114(o) and 65912.124(o)), all cities and counties may adopt an ordinance to implement the provisions of AB 2011.

H. On April 24, 2023, the Planning Commission held a duly noticed public hearing on this Ordinance (Project No. 23-0001258), which resulted in a tied 2-2 vote after consideration of the staff report, public testimony and Planning Commission deliberation.

I. On May 23, 2023, the Council at its regular meeting, held a public hearing on Project No. 23-0001258, a Zone Text Amendment.

J. Said hearing was properly noticed in accordance with the provisions of BMC Section 10-1-1914.

K. The Council considered the report and recommendations of the City Planner, the action of the Planning Commission, and the evidence presented at such hearing.

ATTACHMENT 1, PAGE 3

L. The City Council hereby finds and determines that pursuant to California Government Code Sections 65912.114(o) and 65912.124(o), a local government may adopt an ordinance to implement the provisions of California Government Code Title 7, Division 1, Chapter 4.1, Article 2 (Affordable Housing Developments in Commercial Zones) and Article 3 (Mixed-Income Housing Developments Along Commercial Corridors) (enacted by AB 2011), and the adoption of such ordinance shall not be considered a “project” subject to the requirements of the California Environmental Quality Act (CEQA).

Therefore, adoption of this Ordinance is not a “project” subject to CEQA. Therefore, no further analysis under the California Environmental Quality Act is required.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

Section 1. Findings . All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.

Section 2. Amendment to Burbank Municipal Code (BMC) Section 10-1- 203. The following definition is hereby added to Section 10- 1-203 of the BMC to read as follows:
“MULTIFAMILY: Means the same as “Dwelling, Multiple Family.”

Section 3. Amendment to Burbank Municipal Code (BMC) Section 10-1- 502 Uses in All Zones. Table 10- 1-502 is hereby amended and restated as follows (additions to the BMC are underlined and deletions are marked in strikeout):

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P = permitted CUP = Conditional Use Permit required AUP = Administrative Use Permit required (blank) = prohibited [CUP] = CUP required if residentially adjacent as defined in 10-1-203 [AUP] = AUP required if residentially adjacent as defined in 10-1-203 [PRH] = prohibited if residentially adjacent as defined in 10-1- 203 S = When required by State preemption law

LAND USE C-2 C-3 C-4 M-1 M-2 MDM-
1 MDC-
2 MDC-
3 MDC-
4 NB GO RC C-R RBP BCC-
1 BCC-
2 BCC-3 BCCM MPC-
1 MPC-
2 MPC-
3 OS AP RR AD

RESIDENTIAL AND LODGING
Multifamily
Rresidential above
with commercial
nonresidential use
CUP /
S

CUP /
S

S S CUP /
S

CUP /
S

S S S S S CUP /
S
CUP
/ S

CUP / S S CUP /
S
CUP /
S

CUP /
S

Multifamily
Rresidential-only
(pursuant to the
Burbank Center
Plan)

S S S S S S S S S S S S S S S S P / S S S S S

ATTACHMENT 1, PAGE 5
Section 4. Amendment to Burbank Municipal Code (BMC) Title 10, Chapter 1, Article 6, Division 3.5 . A new Division “Multifamily Residential-Only Development in Nonresidential Zones” is hereby added to the BMC and replaces in its entirety, Division

3.5 of Article 6, Chapter 1, Title 10, as outlined in Exhibit A to this Ordinance, attached and incorporated herein.

Section 5. Amend ment to BMC Title 10, Chapter 1, Article 9, Division 4. A new Division “Mixed-Use Development in Nonresidential Zones” is hereby added to the BMC and replaces in its entirety, Division 4 of Article 9, Chapter 1, Title 10, as outlined in Exhibit B to this Ordinance, attached and incorporated herein.

Section 6. Amendment to Property Development Standards. The following sections of the BMC relating to Property Development Standards in nonresidential zones are hereby amended by adding the following language to read as follows:

A. BMC 10 -1-705 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential wit h nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

2. Multifamily residential-only developments allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 6, Division 3.5 of this Code, commencing with Section 10-1-621.”

B. BMC 10 -1-712 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

2. Multifamily residential-only developments allowed as set forth in Section

ATTACHMENT 1, PAGE 6
10-1-502. These projects shall be governed by the provisions of Article 6, Division 3.5 of this Code, commencing with Section 10-1-621.”

C. BMC 10 -1-718 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

D. BMC 10 -1-724 (PROPERTY DEVELOPMENT STANDARDS) is he reby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developme nts (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

E. BMC 10 -1-806 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection G to read in its entirety as follows:

“G. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall

ATTACHMENT 1, PAGE 7
be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

F. BMC 10 -1-812 (PROPERTY DEVELOPMENT STANDARDS) is he reby amended by adding the following subsection G to read in its entirety as follows:

“G. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

G. BMC 10 -1-2107 (PROPERTY DEVELOPMENT STANDARDS) is h ereby amended by adding the following subsection L to read in its entirety as follows:

“L. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developm ents (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

H. BMC 10 -1-2112 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“The standards set forth in Section 10- 1-2107 of this article shall apply to the MDC-2 Zone. Notwithstanding the foregoing, this Section shall not apply to

ATTACHMENT 1, PAGE 8
the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

I. BMC 10 -1-2116 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are und erlined and deletions are marked in strikeout:

“The standards set forth in Section 10- 1-2107 of this article shall apply to the MDC-3 Zone. Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

J. BMC 10 -1-2122 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“The standards set forth in Section 10- 1-2107 of this article shall apply to the MDC-4 Zone. Notwithstanding the foregoing, this Section shall n ot apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

K. BMC 10 -1-2417 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

ATTACHMENT 1, PAGE 9

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use dev elopments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

L. BMC 10 -1-2425 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

M. BMC 10 -1-2433 (PROPERTY DEVELOPMENT STANDARDS) is h ereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developm ents (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

2. Multifamily residential-only developments allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of

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Article 6, Division 3.5 of this Code, commencing with Section 10-1-621.”

N. BMC 10 -1-2441 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection E to read in its entirety as follows:

“E. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the f ollowing projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

O. BMC 10 -1-2450 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection F to read in its entirety as follows:

“F. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the f ollowing projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

P. BMC 10 -1-2507 (PROPERTY DEVELOPMENT ST ANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“Except as modified by Division 7 of this Article, all development shall comply with the standards of the C -1 Zone, specificall y Section 10-1-705 et seq.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be

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governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

Q. BMC 10 -1-2513 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“Except as modified by Division 7 of this Article, all development shall comply with the standards of the C -2 Zone, specifically Section 10-1-712 et seq.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

R. BMC 10 -1-2519 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“Except as modified by Division 7 of this Article, all development shall comply with the standards of t he C -3 Zone, specifically Section 10-1-718 et seq.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

S. BMC 10 -1-2524 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

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“Except as modified by Division 7 of this Article, all development shall comply with the standards of the C -4 Zone, specifically Section 10-1-724 et seq.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

T. BMC 10 -1-2603 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection G to read in its entirety as follows:

“G. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use dev elopments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

U. BMC 10 -1-2613 (PROPERTY DEVELOPMENT STANDARDS) is hereby amended by adding the following subsection F to read in its entirety as follows:

“F. Mixed -Use and Multifamily Residential-Only Development.

Notwithstanding the foregoing, this Section shall not apply to the following projects:

1. Mixed-use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10-1-502. These projects shall be governed by the provisions of Article 9, Division 4 of this Code, commencing with Section 10-1-915.

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Section 7. Amendment to Property Development Standards for Burbank Center Plan Area. BMC Sections 10-1-2527 (Residential Development as Part of a Commercial Mixed Use Project) and 10 -1-2528 (Residential-Only Development in Commercial Zones) are hereby amended and restated as follows. Additions to the BMC are underlined and deletions are marked in strikeout:

“10-1-2527: RESIDENTIAL DEVELOPMENT AS PART OF A COMMERCIAL MIXED USED PROJECT:

For mixed- use developments (multifamily residential with nonresidential use) allowed as set forth in Section 10- 1-502, the provisions of Article 9, Division 4, commencing with Section 10-1-915 shall apply.

In the BCC-1, BCC-2 and BCC-3 zones, residential uses shall be permitted by Conditional Use Permit on the levels above the ground floor, with an allowable density based on the R-4 Zone. All R-4 development standards shall apply, with the exception of setbacks and landscaping of setbacks, which shall conform to the development standards of the respective C-1 or C-2 Zone classification.

10-1-2528: RESIDENTIAL -ONLY DEVELOPMENT IN COMMERCIAL ZONES:

For multifamily residential -only development allowed as set forth in Section 10- 1- 502, the provisions of Article 6, Division 3.5. commencing with Section 10- 1-621 shall apply.

When not otherwise required by state law, Residential residential-only development shall be permitted by Conditional Use Permit exclusively in areas zoned BCC -3, located on the west side of Glenoaks Boulevard between Verdugo and Cypress Avenues, and on the east side of San Fernando Boulevard between Verdugo Avenue and Alameda Avenue if more than 300 feet from any intersections of t wo (2) arterial roadways. Residential -only development shall not be permitted in the BCC-3 Zone located on the west side of Victory Boulevard between Chandler Boulevard and Clark Avenue. Any residential -only development shall comply with all R- 4 Residential Zone development standards, including setbacks and landscaping of setbacks. The allowable density is based on the R-4 Zone.”

Section 8. Severability . If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance, which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.

Section 9. Environmental Assessment This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”). Pursuant to Government Code Sections 65912.114(o) and 65912.124(o) , a

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local government may adopt an ordinance to implement the provisions of California Government Code Title 7, Division 1, Chapter 4.1, Article 2 (Affordable Housing Developments in Commercial Zones) and Article 3 (Mixed-Income Housing Developments Along Commercial Corridors (enacted by AB 2011), and the adoption of such ordinance shall not be considered a “project” subject to the requirements of the California Environmental Quality Act (CEQA). Therefore, this Ordinance is not a “project” subject to CEQA.

Section 10. Effective Date This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.

PASSED AND ADOPTED this ____ day of ________, 2023.

___________________________
Konstantine Anthony
Mayor

Attest: Approved as to Form:

Office of the City Attorney

_________________________ By: ________________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney

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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. _____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2023, by the following vote:

AYES:

NOES:

ABSENT:

I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its ______________, 2023 adoption.

__________________________
Kimberley Clark, City Clerk

Burbank City CouncilJune 6, 2023

Burbank City Council
June 6, 2023