1 STAFF REPORT
DATE: October 17, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Assistant Community Development Director, Planning Scott Plambaeck, Planning Manager
Amanda Landry, Senior Planner
BY: Joseph Onyebuchi, Associate Planner
SUBJECT: Adoption of an Ordinance to Amend the City’s Zoning Ordinance Related to the Conversion of Existing Businesses with Drive- Through and New and Existing Drive-Through Restaurants
RECOMMENDATION
Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK TO AMEND THE CITY’S ZONING ORDINANCE RELATED TO THE CONVERSION OF
EXISTING BUSINESSES WITH DRIVE-THROUGH AND NEW AND EXISTING DRIVE- THROUGH RESTAURANTS (ATTACHMENT 1).
SUMMARY
Council Action
On September 26 , 2023, the City Council held a public hearing to introduce AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK TO AMEND THE CITY’S ZONING ORDINANCE RELATED TO THE CONVERSION OF EXISTING
BUSINESSES WITH DRIVE-THROUGH AND NEW AND EXISTING DRIVE-THROUGH RESTAURANTS.
At the public hearing, the City Council considered staff’s recommendation on the proposed updates to Title 10, Chapter 1. During the hearing, the City Council heard public comment concerning the use of California Code of Regulations Section 15061(b)(3) (commonsense exemption) to exempt the Zone Text Amendment (ZTA) from environmental review. The commonsense exemption states that the California
COMMUNITY
DEVELOPMENT
2 Environmental Quality Ac t (CEQA) only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibi lity that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
In response to public comments about the adequacy of the CEQA exemption, t he City Attorney expounded on the matter explaining that recent conversions from drive-through establishments (i.e., banks, pharmacies) to drive-through restaurants within the City have left the City’s residential communities vulnerable to environmental impacts. The observed and reported impacts associated with drive -through restaurants include effects such as excessive trash accumulation, increase in noise and light pollution, increase in vehicular and pedestrian traffic accidents, and vehicle spillover into residential neighborhoods due to the extension of queuing lines into the public right -of-way. Additionally, the City Attorney affirmed that there are no current pending applications for drive- throughs ensuring that no projects would be displaced or forced into other locations. A fter discussion, the City Council voted to introduce the proposed Ordinance.
Vote at Introduction:
AYES: Mullins, Takahashi, Perez, Schultz, and Anthony.
NOES: None.
ABSENT: None.
Proposed Changes
To address the City Attorney’s response to the public comment concerning the CEQA exemption, staff has amended the draft Ordinance to include a more detailed explanation of the commonsense exemption as it pertains to this ZTA. The proposed changes are below.
Finding (G) and Section 6 of t he draft Ordinance has been amended to read as follows (for the purpose of clarity, the amendments are also noted in red):
G. The City Council hereby finds and determines that this Ordinance is not subject to the Cali fornia Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”) pursuant to California Code of Regulations Section 15061(b)(3). The activity is covered by the commonsense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. During high-demand periods at drive-through restaurants throughout the City, customer vehicle traffic has been reported and observed to encroach into the right -of-way. Adjacent residential and commercial 3 neighborhoods have reported increased traffic from vehicular queuing lines that spill into the public right -of-way, blocked driveways that impact access to nearby properties, increased use of on-street parking, increased littering caused by more restaurant patrons consuming food outside of onsite dining areas, unruly or disrespectful patrons, and noise and light pollution during the late night hours.
Therefore, this ZTA has the effect of protecting the City’s residential communities from the environmental impacts associated with drive- through establishments.
Furthermore, Tthere are no pending applications for restaurants with drive- throughs that would be affected by this ZTA or that, consequently, would otherwise be forced to relocate to other locations. Therefore, this ordinance would not create any environmental impacts; and
Section 6. Environmental Assessment This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”) pursuant to California Code of Regulations Section 15061(b)(3).
The activity is covered by the commonsense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. During high -demand periods at drive- through restaurants throughout the City, customer vehicle traffic has been reported and observed to encroach into the right-of-way. Adjacent residential and commercial neighborhoods have reported increased traffic from vehicular queuing lines that spill into the public right-of-way, blocked driveways that impact access to nearby properties, increased use of on-street parking, increased littering caused by more restaurant patrons consuming food outside of onsite dining areas, unruly or disrespectful patrons, and noise and light pollution during the late night hours .
Therefore, this ZTA has the effect of protecting the City’s residential communities from the environmental impacts associated with drive- through establishments.
The proposed changes which include the prohibition of residentially adjacent drive-throughs, 300 foot queuing length minimum requirements, and a requirement for CUP approval for any modification or expansion of drive-through facility uses, would ensure that the proposed use adequately addresses the onsite demand for queuing, noise and light impacts associated with late night operations, and ensures that the community is informed of any proposed drive- through projects so that they have the opportunity to comment and ensure that any conditionally approved use does not adversely impact the health, safety, and welfare of the surrounding neighborhood and residents. Additionally, should development of a specific location that is affected by this ordinance be reviewed, such a development project would have to undergo its own CEQA review to ensure that there is no adverse impact to the environment. Finally, Tthere are no pending applications for restaurants with drive- throughs that would be affected by this ZTA or that, consequently, would otherwise be forced to relocate to other locations. Therefore, the ordinance would not create any environmental impacts.
This project involves the adoption of amendments to the BMC, including new objective standards intended to protect residential neighborhoods and 4 commercial corridors from potential negative impacts associated with drive- through restaurants and other drive-through establishments.
FISCAL IMPACT
The ZTA has the potential to reduce future revenue to the City’s General Fund. The proposed prohibition of new Drive-Through Restaurants that are residentially adjacent as well as the reduction over time of the number restaurants that may become legal non- conforming with the adoption of the ZTA may result in a reduction of sales taxes from these types of business. Furthermore, future Conditional Use Permit ( CUP) applications for drive-throughs will require the payment of a CUP application fee to prepare public hearing notices and entitlements for Planning Commission consideration.
CONCLUSION
Staff recommends that the City Council adopt the proposed Ordinance and ZTA. The changes outlined in the proposed ZTA are intended to address potential negative impacts, such as inadequate onsite drive- through queuing lanes, vehicular traffic spillover, loitering, noise, and litter, that may be caused by drive-through establishments within the City. The proposed ZTA will prohibit new d rive-through restaurants from opera ting in residentially adjacent areas, require a CUP for all new drive-through establishments, increase the minimum drive-through lane stacking length for vehicles from 160 feet to 300 feet, and establish hours of operation from 6:00 am to 10:00 pm.
ATTACHMENTS
Attachment 1 – Ordinance