Cities Index.
Attachment 7

Burbank City Council
October 17, 2023

Document
Attachment 7
Meeting
October 17, 2023
Body
Burbank City Council
Original file
301 KB
Text extracted from the city's file for reading and search. Open the original on burbank.granicus.com. That file is the official record.

RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF BURBANK RECOMMENDING THE CITY COUNCIL ADOPT AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL CODE TO

UPDATE THE EXISTING DEVELOPMENT STANDARDS FOR ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ALL SINGLE-

FAMILY AND MULTIFAMILY RESIDENTIAL ZONES, AND ON ANY LOTS WITH

PROPOSED OR EXISTING SINGLE-FAMILY OR MULTIFAMILY USES TO ENSURE

CONSISTENCY WITH STATE LAW

(PROJECT NO. 22-0007623, ZONE TEXT AMENDMENT)

THE PLANNING COMMISSION OF THE CITY OF BURBANK FINDS:

A. The Planning Commission of the City of B urbank at its regular meeting of August 28, 2023, held a public hearing on Project No. 22-0007623, a proposed Zone Text Amendment (ZTA) to modify the existing development standards for accessory dwelling units (ADU) and junior accessory dwelling uni ts (JADU) in all single-family and multifamily residential zones, and on any lots with proposed or existing single-family or multifamily uses to ensure consistency with changes to state law, inc luding but not limited to California Government Code Sections 65852.2 and 65852.22.

B. Said hearing was properly noticed in acc ordance with the provisions of Burbank Municipal Code (BMC) Section 10-1-1994.

C. The Planning Commission considered the report and recommendations of the City Planner and the evidence presented at such hearing.

D. Pursuant to Section 21080.17 of the Californi a Publi c Resources Code (PRC), adoption of the ZTA is exempt from the California Environmental Quality Act (CEQA). Under PRC Sect ion 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of th e Government Code (State ADU law). The proposed ZTA implements Government Code Sections 65852.2 and 65852.22 within the City of Burbank in a manner that is consistent with the requirements of state law. As such, t he adoption of the proposed ZTA is exempt from CEQA and no further analysis under CEQA is required.

E. In accordance with C alifornia Government Code Section 65860, the proposed ZTA and associated Ordina nce is consistent with the Burbank2035 General Plan and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and are compa tible w ith the objectives, policies, general land uses and programs specified therein.

F. Furthermore, all findings required under BMC Section 10 -1-1991 can be made as outlined herein.

G. The docume nts and other materials that constitute the record of ATTACHMENT 7 - PAGE 1
proceedings, upon which the decision to recommend approval of the proposed ZTA (Project No. 22-0007623) and associated environmental assessment that the project qualifies for a statutory exemption under CEQA, is in the Planning Division of the City of Burbank and the custodian of the record is the City Planner.

THE PLANNING COMMISSION OF THE CITY OF BURBANK RESOLVES:

1. Project No. 22-0007623, a Zone Text Amendment as described above and in the staff repo rt dated August 28, 2023, and as reflected in the exhibit attached hereto, which would result in amendments and additions to the uses listed in Title 10, Chapter 1, Article 5 (Use Table and General Use Regulations), and the zoning text of Title 10, Chapter 1, Article 6, Division 3 (Accessory Dwelling Units and Junior Accessory Dwelling Uni ts) of the Burbank Mun icipal Code , to modify the existing development standards for ADU s and JADU s in all single -family and multifamily residential zones, and on any lots with proposed or existing single-family or multifamily structures, is hereby recommended to the City Council for approval. Attachment A (draft Ordinance) as attached to this Resolution, reflects the Commission’s recommendation.

2. The Commission recomme nds that t he following findings outlined in Burbank Municipal Code Section 10 -1-1991 can be made in conjuncti on with the proposed Zone Text Amendment that will add ADUs and JADUs as permitted uses in certain zones when required by state preemption law:

FINDINGS FOR ADDING A USE:

Burbank Municipal Code Section 10-1-1991 requires that the following findings be made prior to adding any use to a list of permitted uses in a zone:

a. The addition of the use will be in accord with the purposes of the zone in which it is proposed to be listed.

The inclusion of ADUs and JADUs as permitted uses in the City’s nonresidential zones pursuant to state -mandated ADU/JADU regulations, which includes all of the City’s commercial and industrial zone s will allow the proposed re sidential land uses at an intensity and density as mandated by State ADU/JADU Laws. The proposed use would not adversely conflict with the intended purpose of the City’s commercial zones (i.e., C -1, C -2, C -3, and C -4), which pro vide for the buying and sell ing of goods and services including the conducting of general commercial uses, and the development of retail centers for the shopping and personal needs of surrounding neighborhoods. Further, the proposed use would not adversely impact the intended uses of the City’s industrial zones (i.e., M -1 and M -2) by allowing the continued focus promoting the development of fabrication, manufacturing, assembly and processing of materials that are already in processed form and/or the fabrication and assembly of goods a nd m aterials. It is anticipated that the future development of ADUs and JADUs in these zones are limited to v ery few parcels where previously legally established non -conforming residential structures already exist and the state prescribed requirements provide the po tential to build a limited number of ADUs/JADUs per affected lot.

b. The proposed use is compatible with and has the same basic characteristics as ATTACHMENT 7 - PAGE 2
the other permitted uses.

The City’s nonresidential zones allow for a range of commercial and industrial uses as permitted and conditionally permitted uses. The by -right development of state - mandated ADUs/JA DUs on nonresidential zoned lots with existing residential structures that provide for the development of one or more ADUs and JADUs would not adve rsely impa ct the basic characteristics of the general commercial, service commercial, retail, wholesale, ware house, manufacturing, fabrication, and assembly of goods and materials that are the primary and ancillary uses allowed in these nonresidential zone s. F urthermore, residential uses are already conditionally permitted uses in the City’s commercial zones in t he form of multifamily, mixed use developments (i.e., C -1 through C -4) and similarly multifamily residential can be considered as a allowable use v ia a discretionary review process (i.e., planned development) in the City’s industrial zones (M-1 and M-2) and also considered as an allowed use per the permitted density under the City’s General Plan pursuant to state-mandated requirem ents under S enate Bill 35 adopted in 2017 (California Government Code Section 65913.4) and A ssembly Bill 2011 adopted in 2022 (California Government Code Sections 65400 and 65585).

c. The proposed use can be expected to conform with the required conditions for the zone.

The proposed A DU/JADU use shall comply with the ap plicable development standards as amended by the City to comply with state-mandated requirements for any proposed development of this type in the City’s non -residential zones. In many instances the required set backs, building height, and resulting floor area ratio resulting from the proposed ADUs/JADUs is more restric tive than the underlying development standards that would otherwise apply to new developments in the City’s nonresidential, commercial, and industrial zones.

d. The proposed use will not be detrimental to the public health, safety or welfare.

The proposed d evelopment of ADU/JADU uses in the City’s nonresidential zones are not anticipated to result in a detrimental impact to public health, s afety, or welfare. Any future development of these types of use in the nonresidential zones will require s trict adherence to the latest City building, life and safety codes, which ensure that future habitants of these structures and surrounding land uses a re protected from any potential impact to public health, safety, and welfare.

e. The proposed use will not adversely affect the character of the zone.

The development of ADU/JADU uses in the City’s nonresidential zones will not adversely impact the charact er of the City ’s nonresidential zones, which include the City’s commercial and industrial zones. The comme rcial zones wi ll continue to provide for a range of retail, commercial, service commercial uses in one to multistory structures with ancillary and sup port facilitie s. The industrial zones will continue to facilitate the manufacturing, fabrication and wareh ousing uses that facilitate the processing and development of goods and materials in primary one to two story buildings with ancillary uses. The development of ADU/JADU uses in these ATTACHMENT 7 - PAGE 3
zones is limited to few nonresidential zoned parcels with existing residen tial structures, which is a not a dominant land use and therefore the character of the zone will be preserved.

f. The proposed use will not create more vehicular or other traffic than the volume normally created by any of the uses permitted.

The developmen t of ADU/JADU uses in the City’s nonresidential zones will not create more traffic than normally created by the commerc ial industrial uses in the City’s nonresiden tial zones since one or more ADUs and/or JADUs being built in these zones would provide for a handful of trips per affected site during peak morning and evening times as compared to the potential trip generation and traffic volumes from more co mmercial and industrial intensive uses with employees, customers and truck traffic coming to these zones during morning and evening peaks as well as during midday lunch activities , as is the case for commercial zones with s hopping center developments that focus on ret ail, commercial and service commercial uses that include but are not limited to restaur ant, dry cleaning, and coffee shop type uses.

g. The proposed use will not create more odor, dust, dirt, smoke, noise, vibrati on, illumination, glare, unsight liness, or a ny other objectionable influence than the amount, if any, normally created by any of the permitted uses.

The development of ADU/JADU uses in the City’s nonresidential zones will not create more odor, dust, dirt, smoke, noise, vibration, illumi nation, glar e, unsightliness, or any other objectionab le influence than the amount created by any other permitted use in the City’s nonresidential zones. The proposed development of these one and/or two -story residential str uctures would result in structures that do not create more objectionable environmental and/or quality of life impacts than could result from the development of commercial uses and industrial uses currently allowed in the City’s nonresidential zones. Furthermore, any future development would have to comply with the applicable development stan dards and building code requirements that ad dress construction noise and dust mitigation and future operation of the residential use would continue to be subject to the City’s ADU/JADU development stan dards and th e City’s nuisance abatement requirements for any violation of the Burbank Municipal Code.

h. The proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.

The developmen t of ADU/JAD U uses in the City’s nonresidential zones will not create any greater hazard of fire or explosion than hazards normally created by any of the permitted uses in the City’s nonresidential zones . The development of ADUs/JADUs shall comply with the City’s building and fire codes ensuring that the future residential structures protect the health and safety of future residents and surrounding land uses.

i. The proposed use will not cause substantial injury to the values of property in the zone in which it is proposed to be listed or in any abutting zone.

ATTACHMENT 7 - PAGE 4

The development of ADU/JADU uses in the Cit y’s nonresidential zones will not cause substantial injury to the values of property in the zone in which it is proposed to b e listed or in any abutting zone . These resi dential s tructures will be limited to ADUs and JADUs as prescribed in state and local A DU/JADU regulations, therefore it is not anticip ated that this type of residential development , which is limited to a small number of nonresidential zoned pa rcels with existing residential structures will result in a majority land use diminishing the ability for continued operation of maintenance commercial and industrial land uses that exist, and may be developed over time in t hese nonresidential zones consistent with th e intended purpose of abiding by the City’s zoning regulations and applicable goals and policies of the City’s General Plan.

3. Furthermore, the recommendation to a pprove the proposed Zone Text Amendment is based upon the Commission’s ability to make the following determination that the proposed Zone Text Amendment and associated Ordinance are consistent with the Burbank2035 General Plan and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and are compatible with the o bjectives, policies, general land uses and programs specified therein in accordance with Califo rnia Government Code Section 65860:

FINDING FOR ZONE TEXT AMENDMENT:

a. California Government Code Section 65860 requires that an y zone text amendment be consist ent with th e objectives, pol icies, general land uses, and programs specified in the Burbank2035 General Plan and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code.

The proposed Zone Text Amendment (ZTA) is consistent with the fo llowing Burbank2035 General Plan goals and policies:

LAND USE ELEMENT GOAL 1 QUALITY OF LIFE
Burbank maintains a high quality of life by carefully balancing the needs of residents, businesses, and visitors.

• Policy 1.1 Accommodate a mix of residential an d non‐residential land uses in appropriate locations that support the diverse needs of Burbank residents, businesses, and visitors. Provide opportunities for living, commerce, employment, recreation, education, culture, entertainment, civic engagement, and socializing.

The proposed ZTA furthers this goal and policy by establishing developm ent standards for ADUs and JADUs that further encourage the development of accessory dwelling units by modifying development standards that allow for a wide range of ADU a nd J ADU dev elopments in ways that benefit the health, safety, and welfare of City residents and visitors while being consistent with state ADU law . The proposed ZTA also furthers this goal and associated policy by ATTACHMENT 7 - PAGE 5
establishing updated standards to acco mmodate ADU p rojects in nonresidential zones as long as a permitted single-family or multi-family dwelling currently exists or is proposed and approved on the subject lot. This will result in commercial zones and commercial corridors that may provide for new inf ill res idential development.

LAND USE ELEMENT GOAL 3 COMMUNITY DESIGN AND CHARACTER
Burbank’s well ‐designed neighborhoods and buildings and enhanced streets and public spaces contribute to a strong sense of place and “small town” feeling reflective of the past.

• Policy 3.4 Avoid abrupt changes in density, intensity, scale, and height and provide gradual transitions between different development types.

• Policy 3.7 Ensure that lots and buildings appropriately interact with and address public streets.

The proposed ZTA furthers this goal and associated policies by establishing updated design and development standards for ADU projects in residential zones and other applicable lots that provide new infill residential development. The standards included in the ZTA are intended to achieve a design and scale that is consistent with existing residential neighborhoods, with appropriate setbacks and overall size of development that are consistent with state law, that produce properly scaled ADUs with objective design standard s being applied. The ZTA includes modifications to height, setback, floor area, and objective design standards that ensure consistency with state law and compatibility with the character of the surrounding neighborhood to the furthest extent possible.

LAND USE ELEMENT GOAL 5 HOUSING
Burbank provides housing optio ns for people and families with diverse needs and resources.

• Policy 5.1 Provide for a variety of residential neighborhoods with varying densities and housing types.

• Policy 5.3 Provide more diver se housing opportunities, increase home ownership opportuni ties, and support affordable hou sing by encouraging alternative and innovative forms of housing.

• Policy 5.4 Allow residential units in traditionally non ‐residential areas, and support adaptive reuse of non ‐residential buildings for residential and live‐work units in Downtown Burbank and other appropriate locations.

• Policy 5.5 Provide options for more people to live near work and public transit by allowin g higher residential densities in employment centers such as Downtown Burbank and the Media District.

ATTACHMENT 7 - PAGE 6

The proposed ZTA furthers this goal and associated policies by establishing updated standards to accommodate ADU projects in nonresidential zones as long as a permitted single -family or multi -family dwelling currently exists or is proposed and approved on the subject lot. This will result in commercial zones and commercial corridors that may provide for new infill residential development.

The standards inc luded in the ZTA are intende d to achieve a design and scale that is consistent with existing residential neighborhoods, with appropriate setbacks and overall size of development that produce properly scaled ADUs with objective design standards being applied. The ZTA includes modific ations to height, setback, floor area, and objective design standards that ensure consistency with state law and compatibility with the character of the surrounding neighborhood to the furthest extent possible.

LAND USE ELEMENT GOAL 8 LOW DENSITY RESIDENTIAL LAND USE Low Density Residential neighborhoods define Burbank’s small town feeling and provide the basis for the quality of life that Burbank residents enjoy. The following policies apply to Low Density Residential land uses in Burbank.

• Policy 8.2 : Limit buildings to a size and scale that is consistent with the predominant neighborhood character and avoids overbuilding. New, remodeled, and expanded homes should respect existing neighborhood character.

• Policy 8.5 : Ensure that second dwelling units, child day ‐care facilities, and group living facilities are allowed, as required by and consistent with state and federal laws. Regulate such uses to the extent allowed by law to prevent unintended effects on the neighborhood and to avoid a proliferation of such uses in one neighborhood.

The proposed ZTA furthers this goal and associated policies by establishing updated design and development standards that are consistent with state law that limit ADUs and JADUs in terms floor ar ea, heights, setbacks and objective design standards to the extent allowed by state law . The standards included in the ZTA are intended to achieve a design and scale that is consistent with existing residential neighborhoods, with appropriate setbacks and overall size of development that produce properly scaled ADUs w ith objective design standards being applied.

Further, the proposed ZTA fulfils some of the programs listed in the Burbank203 5 General Plan 2021-2029 Housing Element, including:

• 2021-2029 Housing Element Program # 6a. Promote Accessory Dwelling Units (ADUs)

The proposed ZTA furthers the above Housing Element program to promote Accessory Dwelling Units by modifying ADU and JADU development standards such as height limits, front setback restrictions, and applying only objective ATTACHMENT 7 - PAGE 7
development standard to be consistent with state law and to allow for a wider range of ADU and JADU development outcomes. The ZTA would allow homeowners and developers added flexibility in the design and placement of their ADUs, which would aid in increasing housing production and help the City meet its Regional Housing Needs Assessment (RHNA) allocation for the current 6th planning cycle of our General Plan Housing Element, which calls for accommodating 8,772 new dwelling units at various levels of affordability by October 2029.

4. The Planning Commission authorizes any changes deemed necessary by the City Atto rney to the Resolution, the proposed ZTA and Ordinance to address an editorial change that are deemed necessary to maintain consistency with applicable State Laws and City regulations and procedures.

5. Secretary of the Planning Commission shall forward a signed copy of this Resolution with the Planning Commission’s report and decision to the City Council in accordance with Burbank Municipal Code Section 10-1-1993.

ATTACHMENT 7 - PAGE 8
PASSED AND ADOPTED this day of , 2023.

CITY PLANNING COMMISSION

Christopher Rizzotti, Chairperson

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF BURBANK

I, Fred Ramirez, Secretary of the Planning Commission of the City of Burbank, certify that this Resolution was adopted by the City Planning Commission at its regular meeting held on the
day of , 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Fred Ramirez, Secretary

ATTACHMENT 7 - PAGE 9

Planning Commission Minutes

August 28, 2023

CALL TO ORDER 6:00 p.m.

INVOCATION

Mr. Monaco gave the invocation.

FLAG SALUTE

Mr. Rizzotti led the flag salute.

ANNOUNCEMENTS

HEARINGS

1. Project
No.23-
0007623 | A
Zone Text
Amendment
(ZTA) to
modify the
Existing

None.

PROJECT DESCRIPTION:

A proposed Zone Text Amendment (ZTA) to modify the existing development standards for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in all Single -Family and Multi-Family Residential zones, and on any lots with proposed or existing Single-Family or Multi -Family uses to ensure consistency with changes to Government Code Sections 65852.2 and 65852.22

ENVIRONMENTAL REVIEW:

ROLL CALL

Present- - - -

Planning Board Members: Chair, Christopher Rizzotti;
Members, Samantha Wick , Narek M krtoumian, and Robert
Monaco.

Absent- - - - Commissioner Michael Elric
Also Present- Senior Assistant City Attorney, Lisa Kurihara ; Assistant Community Development Director, Fred Ramirez; Planning
Manager, Scott Plambaeck; Senior Planner, Amanda Landry; Associate Planner, Joseph Pangilinan ; Assistant Planner, Fatima Benitez; Principal Planning Clerk, Griselda Sandoval; and Intermediate Clerk, Diana Arias.

ATTACHMENT 7 - PAGE 10
Development
Standards for
Accessory
Dwelling
Units and
Junior
Accessory
Dwelling
Units

The Project qualifies for an exemption from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the California Public Resources Code (PRC). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU law). The ZTA implements California Government Sections 65852.2 and 65852.22 within the City of Burbank in a manner that is consistent with the requirements of state ADU/JADU laws. As such, the proposed ZTA and Ordinance is exempt from CEQA.

Meeting Disclosures:

None.

Notices Given:

Mr. Ramirez confirmed for the Commission that notices were given per the Burbank Municipal Code requirements.

Written Communication:

Chair Rizzotti received an email from Nori Walla , resident, and was forwarded to staff before the meeting.

Staff Report:

Joseph Pangilinan and Fatima Benitez presented the project to the Commission.

Public Comment:

David Donahue, resident, thanked staff and expressed concern of SB9 and SB35 impacts to the city and supports the Z one Text Amendment being proposed; asked staff if an A ccessory Dwelling Unit can be built at the initial height of the original dwelling.

Mr. Ramirez read Nori Walla’s , resident, email which asked the following: if there are any state law provisions that can affect BMC 10-1620.3 lastly, regarding Section 10-1605.B how is the purposed Zone Text Amendment going to be applied if a resident wants to build an Accessory Dwelling Unit in the front yard in a R-1-H zone.

Response to Public Comment:

Mr. Pangilinan answered Mr. Donahue’s question the code does not specify about whether the Accessory Structure that would not conform with the prescribed height requirements would be a llowed to convert it to an Accessory Dwelling Unit.

Mr. Pangilinan addressed Ms. Walla’s questions: Government Code 65852.2 Subsection E provides ministerial approval process for ATTACHMENT 7 - PAGE 11

Accessory Dwelling Units that meet the design development standards listed in Subsection E; staffs’ interpretation is the statewide exceptions for Accessory Dwelling Units are only subject to Development Standards listed in Subsection E and are not subjected to any local development standards that conflict with Subsection E. Lastly, the front yard setbacks depends on whether the proposed Accessory Dwelling Unit falls within the parameters of the statewide exemptions for A ccessory Dwelling Units that is described in Code 6585.2 Subsection E, if it does the city will not be able to impose local development standards.

Commission/ Staff Q&A:

Mr. Monaco asked for clarification on what is considered the front yard.

Ms. Benitez explained that in the R -1 Standards the front yard setback is determined by getting the average of houses that are 250 linear feet from both sides as for the area it would be considered from the property line to the building line of the facade of the primary dwelling.

Mr. Monaco voiced disapproval of having Accessory Dwelling Units being built in front of houses creating safety concerns.

Ms. Benitez elaborated that one of the modifications to mitigate Accessory Dwelling Units from being built in the front yard is staff proposes to reduce the setback from four feet to two feet.

Mr. Ramirez confirmed that after all these modifications to find a faceable alternative to keep Accessory Dwelling Units in the rear yard area staff is preempted by state law.

Ms. Wick inquired if any of the views on the Hillside Development zone are protected from potential Accessory Dwelling Units.

Mr. Pangilinan responded that view studies are not part of the review for A ccessory Dwelling Unit projects, it must be ministerially approved.

Mr. Rizzotti asked how the setback was determined to two feet and if staff ever considered no setback.

Mr. Ramirez stated staff did not want to do less than two feet because eave and fire overhangs need a minimum distance, the two feet will allow some minimum separation and maintain the drip line of the building and e ave extension all on the property ; expectantly ATTACHMENT 7 - PAGE 12
creating a viable building envelope to be able to develop in the rear yard as to opposed to automatically defaulted to the front.

Ms. Wick asked for clarification on Exhibit A page 27 section N if a residence without an existing guest house or garage in a R1-H Zone are not allowed to build an Accessory Dwelling Units.

Mr. Ramirez explained the intent there was to limit new conversions, but staff may be preempted by state law.

Ms. Wick asked the following: what is considered a car share vehicle on Exhibit A page 20 Section E and for clarification on the map from Exhibit E page 1, if the white areas would be exempted from required on-site parking.

Mr. Ramirez stated a zip car would be a configuration of a share vehicle and the areas in white on Exhibit E page 1 would be exempted from required on site parking for Accessory Dwelling Units.

Mr. Monaco asked how the setback from the property line correlate with complia nce to all F loor Area Ratio lot coverage open space stated on Exhibit A page 20.

Mr. Pangilinan answered no, it would still be subject to A ccessory Dwelling Unit development standards and bond by square foot limitations outlined in the Accessory Dwelling Unit regulations.

Mr. Ramirez clarified that if a dwelling unit takes up most of the open space but complies with Accessory Dwelling Unit regulations it would be allowed.

Deliberation:

Mr. Monaco proclaimed the Zone Text Amendment is to make certain city regulations are in line with the state regulations being implemented; there is no liberty to make changes.

Ms. Wick expressed she is not comfortable with Accessory Dwelling Units being built in the front of properties especially on the hillside; senses the city must comply to prevent legal issues.

Mr. Mkrtoumian added that hills are not protected by the state and the California Building Code requires a setback which causes there to be a natural setback preventing the lot from being built out.

ATTACHMENT 7 - PAGE 13
Mr. Rizzotti stated reducing the setback to two feet help prevent Accessory Dwelling Unit from being built on the front yard and state law is disastrous to the community; it is needed to start lobbying local officials and holding them accountable for the d estruction of the single-family zones.

Ms. Wick made a motion to approve Project No. 23 -0007623 | A Resolution of the Planning Commission of the City of Burbank recommending the City Council adopt an ordinance of the City Council of the City of Burbank amending Title 10, Chapter 1 (Zoning) Of The Burbank Municipal Code to update the existing development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in all single-family and multi-family residential zones, and on any lots with proposed or existing single-family or multifamily uses to ensure consistency with State Law, seconded by Mr.

Monaco.

Motion resulted in a 4-0 vote. Motion passes.

REPORTS TO

COMMISSION

None.

ORAL

COMMUNICATIONS

David Don ahue, resident, recommended Commissioners to
participate in Walk Tours to help see the effects of SB35 projects especially on how components of the community are slowly evaporating; encourages Commissioners to advocate to local officials to use their voices.

ELECTION OF CHAIR

AND VICE-CHAIR
Mr. Monaco made a motion to nominate Mr. Rizzotti as Chair .

Seconded by Ms. Wick, carried by a vote of 4-0, motion passes.

Mr. Monaco made a motion to nominate Ms. Wick as Vice - Chair. Seconded by Mr. Rizzotti, carried by a vote of 4-0, motion passes.

APPROVAL OF

MINUTES

Mr. Monaco made a motion to approve the minutes from the Planning Commission meeting of July 24th, 2023. Seconded by Mr. Mkrtoumian, carried by a vote of 4-0.

INTRODUCTION

OF ADDITIONAL

AGENDA ITEMS

None.

CITY PLANNER

COMMENTS

Mr. Ramirez welcomed new Commissioner Mkrtoumian and
stated for the record that Commissioner Elric did send
notification he was not attending tonight. Congratulated the new Chair and Vice Chair; also offered commissioners the opportunity to participate in site visits and to please let staff

ATTACHMENT 7 - PAGE 14

ADJOURNMENT

TO THE PLANNING

COMMISSION

MEETING OF
SEPTEMBER 25,
2023

know if they are interested, they will work to accommodate them.

Respectfully Submitted,
Secretary of the Planning Commission

ATTACHMENT 7 - PAGE 15

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