Adoption of an Urgency Ordinance
Establishing Interim Development
Standards in Response to
Senate Bill 423
City Council
December 12, 2023
COMMUNITY
DEVELOPMENT
Recent Changes in State Law
Senate Bill (SB) 423 establishes a temporary exemption
from the streamlined ministerial approval process on
“qualified sites” subject to the following :
1. The site is within an equine or equestrian district designated by a general plan, specific or master plan.
2. As of January 1, 2024:
• General plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located.
• Equine or equestrian district applicable to the site is not zoned to include residential uses but authorizes residential uses with a conditional use permit (CUP).
3. The local government jurisdiction has a state-law compliant adopted housing element.
2 Current City of Burbank Regulations
No area of the City currently meets the criteria for a
qualified site.
• Only designated equine or equestrian district is in the Burbank 2035 General Plan’s Rancho Commercial
Land Use Designation .
• Residential density is allowed on Rancho Commercial
Land Use sites “with discretionary approval” .
• “Discretionary approval” is not defined in the General Plan or the BMC.
3 Map of the Rancho
Commercial Land Use
Designation
4 The Rancho Commercial Land Use Designation
does not meet site eligibility criteria .
• Must clarify that on Rancho Commercial Land Use
designated sites, multifamily residential -only
housing projects are allowed with a conditional use
permit.
• Interim Standards :
• “With Discretionary Approval” will mean “With a
Conditional Use Permit” for any sites within the Rancho Commercial Land Use Designation only.
Need for an Urgency Ordinance
5 The Project is exempt from CEQA
• Urgency Ordinance is covered by the Program
Environmental Impact Report (EIR) for Burbank 2035
(SCH #2010021004 ), and no further environmental
review is required pursuant to the California
Environmental Quality Act (CEQA) Guidelines Section
15152.
• Also exempt pursuant to CEQA Guidelines Section
15061(b)(3).
Environmental Assessment
6 Adoption of the Urgency Ordinance is critical .
• Clarifies the definition of “discretionary approval” for the Rancho Commercial Land Use Designation .
• Enables qualified properties to be eligible for the
temporary relief afforded to equestrian districts by SB 423.
• Allows the City to complete its ongoing Burbank
Rancho Neighborhood Specific Plan efforts .
Conclusion
7 Recommendation
ADOPT AN URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF BURBANK
ESTABLISHING INTERIM DEVELOPMENT
STANDARDS IN RESPONSE TO SENATE BILL
423 VIA A FOUR-FIFTHS VOTE
8 Contact
CDD- Planning Division
Amanda Landry
Principal Planner
[email protected]
818-238-5250
Adoption of an Urgency Ordinance
Establishing Interim Development
Standards in Response to
Senate Bill 423
City Council
December 12, 2023
COMMUNITY
DEVELOPMENT