Zone Text Amendment of the
City’s Zoning Regulations for the
Conversion of Existing Businesses with
Drive-Through and New and Existing
Drive-Through Restaurants
City Council
September 26, 2023
COMMUNITY
DEVELOPMENT
Background and Overview
Burbank’s Existing Drive-Through Sites
Residentially Adjacent
Research Outcomes from Studied Jurisdictions
• Reviewed best practices and development/design
standards for drive -through sites in studied
jurisdictions
• Reviewed if drive -through sites were defined, if a
CUP was required, and design standards (i.e.,
queuing length)
• Drive-throughs are consistently defined, mostly
require discretionary approval, and generally
implement a minimum queuing length
Why Are We Here?
• City Council adoption of Urgency Ordinance
• City Council adoption of an Extension to the
Urgency Ordinance
• Expiration of the Urgency Ordinance
Planning Commission Recommendation
• April 10, 2023 - Initial Planning Commission Hearing.
Commission member voice concerns with proposed
ZTA
• Fiscal impacts to businesses
• Contact affected property owners and businesses
• Continued the meeting
• May 22, 2023 – Continuation of the Planning
Commission Hearing
• Commission votes 3 -2 in favor of recommending
approval
Public Notification and Outreach
• City Council Hearing – October 4, 2022 and
November 1, 2022
• Property Based Business Improvement District
(PBID) - March 2, 2023
• Planning Commission – April 10, 2023
• Community Meeting Scheduled – May 3, 2023
• Continued Planning Commission – May 22, 2023
• Chamber of Commerce – September 21, 2023
• City Council – September 26, 2023
Existing BMC 10-1-1608: Drive-Through Restaurants
• Minimum stacking length (queuing length) of 160 feet
• Drive-through lane required to be separated from circulation routes • All new drive -through restaurants require a Conditional Use Permit • Existing drive -through restaurants > 100 feet of queuing length are automatically permitted
• Existing drive -through restaurants < 100 feet of queuing length may not be altered without evaluation from Building Official • New and Existing residentially adjacent drive -throughs are subject to 10-1-1609
BMC 10-1-1609: Residentially Adjacent Drive-Through
Establishments
• Minimum stacking length (queuing length) of 160 feet
• Drive-through lane required to be separated from circulation routes
• All new residentially adjacent drive -throughs require a Conditional Use Permit
• New and Existing residentially adjacent drive -throughs are subject to 10 -1-1609
• 1609(D) – No CUP required for modification or conversions
Zone Text Amendment
Zone Text Amendment
• New Title for BMC Section 10-1-1608: “Drive-
Through Establishments”
• Deletion and Replacement of text for BMC
Section 10-1-1608
• Deletion of BMC Section 10-1-1609
Zone Text Amendment
A. PROHIBITED USE
Residentially adjacent restaurants with drive -through are prohibited.
B. DISCONTINUATION OF USE
Any legal non -conforming establishment with drive -through that cease operation for any reason for a period of three (3) consecutive calendar months or 90 days is subject to Section 10 -1-1809.3 and 10 -1-1809.4.
C. CONDITIONAL USE PERMIT REQUIRED
1) A Conditional Use Permit (CUP) is required to operate a drive-through establishment .
a. A queuing lane analysis, prepared by the City and funded by the applicant, is a requirement for an establishment with drive-through . b. Changes to operations for existing drive-through establishments, including but not limited to hours of operation and expansion of the drive-through facility including site layout and building footprint , shall require a CUP.
Zone Text Amendment
D. STACKING DISTANCE
All new drive -throughs shall have a drive -up or drive -through bay for in -car service with an on-site vehicular waiting lane. The on -site vehicular waiting lane shall be a minimum length of 300 feet as measured along the centerline from the point of entry or the beginning of a drive -through lane, to the center of the farthest service window area (the “stacking distance”).
a. An applicant can request that the Director consider a reduction in the minimum stacking distance subject to the preparation of a queuing lane analysis, but in no instance shall the minimum stacking distance be no less than 220 feet. Final approval of the minimum stacking distance shall be at the sole discretion of the Director or his/her designee.
E. SEPARATE WAITING LANE
For new drive -throughs, the drive -through lane shall be a separate lane from the circulation routes and aisles necessary for ingress to or egress from the property or access to any off -street parking spaces.
Zone Text Amendment
F. HOURS OF OPERATION FOR AN ESTABLISHMENT WITH DRIVE -THROUGH The hours of operation are limited to 6am to 10pm, unless approved as part of a Conditional Use Permit.
G. ALL OTHER DEVELOPMENT STANDARDS
The development standards contained in Articles 11 through 16 of this Chapter also apply to this Section. In the event of any conflict between the requirements contained in Articles 11 through 16 and the requirements of this Section, the requirements of this Section supersede.
Findings for Approval of a ZTA
• ZTA will support the vision of a quiet, pedestrian friendly single - family and multiple -family residential zones throughout the City and preserve and protect commercial districts from potential negative impacts .
• Prohibiting residentially adjacent Drive-Through Restaurants • Establishment of a minimum stacking distance of 300 feet • Limiting hours of operation
• Ensuring that the character of residential communities is maintained with the requirement of CUP approval
Consistency with Burbank2035 General Plan
The ZTA will support General Plan Land Use Element Goals and Policies:
General Plan Land Use Element Policy General Plan Mobility Element Policy Goal 1 Quality of Life: Policy 1.3 Goal 6 Neighborhood Protection: Policy 6.1 Goal 1 Quality of Life: Policy 1.5 Goal 9 Safety, Accessibility, Equity: Policy 9.1 Goal 3 Community Design and Character: Policy
3.5 Goal 10 Corridor Commercial Land Use: Policy
10.6 Environmental Assessment
The proposed ZTA is exempt from review
under CEQA, pursuant to California Code of
Regulations Section 15061(b)(3).
Recommendation
Staff recommends the City Council adopt an
ordinance of the City Council of the City or Burbank
Amending Title 10, Chapter 1 (Zoning) of the
Burbank Municipal Code to amend the City’s Zoning
Regulations for the conversion of existing businesses
with drive-through and new and existing drive-
through restaurants .
Questions?
Joseph Onyebuchi, Associate Planner
(818) 238-5250
jonyebuchi@burbankca .gov
Zone Text Amendment to Amend the
City’s Zoning Regulations for the
Conversion of Existing Businesses with
Drive-Through and New and Existing
Drive-Through Restaurants
City Council
September 26, 2023
COMMUNITY
DEVELOPMENT