Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 9:42 AM
To: City Council DL
Subject: SB 35
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Mayor Schultz and council members,
Please vote tonight in favor of the Staff's recommendation to continue the current Urgency Ordinance in the review process of SB 35 until December 11, 2024.
Living in the Burbank Rancho for the past 35 years this is a grave concern for the safety of our equestrian neighborhood. There is so much at stake.
Respectfully,
Mary Whittle
Stephanie Whittle
Mary Whittle
CORE Real Estate
Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 10:21 AM
To: City Council DL
Subject: ADOPTION--EXTENSION OF URGENCY ORDINANCE--JANUARY 23, BURBANK CITY COUNCIL MEETING AGENDA ITEM L6
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Honorable Mayor Anthony, Vice Mayor Schultz, Council Member Perez, Council Member Takahashi, and Council Member Mullins;
My belated thanks for your unanimous support of the Urgency Ordinance Extending Interim Development Standards (SB423) placing a temporary hold on SB35 projects on December 12, 2023.
Thanks also to Staff for their study and recommendation for continuance of the current Urgency Ordinance through December 11, 2024 allowing further study and development of the Rancho Neighborhood Specific Plan.
Of course, I am in favor of the Extension of the Urgency Ordinance; and ask again for your unanimous support this evening.
Respectfully,
Denise Taylor
1 Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 12:29 PM
To: City Council DL
Subject: Renew Urgency Ordinance for Compliance with SB 423 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I am writing to urge you to vote Yes to on the Extension of the Urgency Ordinance for compliance with SB 423.
The Rancho needs to be protected from the streamlined-ministerial review process of SB 35 projects.
SB 35 is an abomination of city responsibilities to provide safe, healthy developments for humans, animals, and all of nature. It allows developers a free hand to bypass all concerns for the city's sustainability of resources, infrastructure, and quality of life.
Thank you for supporting SB 423.
Respectfully,
Monica Muehlhause-Horn
Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 12:54 PM
To: City Council DL
Subject: ADOPTION -- EXTENSION OF URGENCY ORDINANCE -- JANUARY 23, BURBANK CITY COUNCIL MEETING AGENDA ITEM L6
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Honorable Mayor Schultz, Vice Mayor Perez, Council Member Takahashi, Council Member Mullins, and Council Member Anthony;
I am requesting the City Council vote tonight unanimously adopting Staff's recommendation of Agenda Item L6 the Urgency Ordinance Extending Interim Development Standards in response to Senate Bill 423.
Your vote will allow Staff and community groups to coalesce by engaging in community workshops and meetings with Staff with the goal of achieving a Burbank Rancho Neighborhood Specific Plan we can all be proud of.
Respectfully,
Stephen Taylor
Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 1:13 PM
To: City Council DL
Subject: Senate Bill 423
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Good afternoon Burbank City Council
Please adopt an extension of an Urgency Ordinance Extending Interim Development Standards in Response to Senate Bill 423.
Thank you so much. Please support your equestrian communities and all residential communities.
Meredith, Alyssa
From:
Sent: Monday, January 22, 2024 5:27 AM
To: City Council DL
Subject: Extension of SB 423
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I support the extension of the Urgency Ordinance.
SB 423 not only allows you to do this, but was written specifically to provide a window of opportunity for city government to protect their equestrian districts by aligning our general plan with our zoning code.
The Burbank Rancho Equestrian District is important to the health and economy of the city. Please help protect it.
Paul W. Stockwell
25 year resident.
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Meredith, Alyssa
From:
Sent: Monday, January 22, 2024 9:26 AM
To: City Council DL
Subject: support the extension of Urgency ordinance
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To Burbank City Council
Please extend the emergency ordinance.
I do not like the idea of the townhomes on Mariposa right by the horse bridge. I have a property with stables on Reese place next to the pollywog and have hiked for many years always walking over that horse bridge. Seen many people on horseback crossing and think townhomes with loads of cars going in and out of the property adjacent would extremely harmful.
Thanks,
Lori Binkly
Meredith, Alyssa
From:
Sent: Monday, January 22, 2024 11:59 AM
To: City Council DL
Subject: Neighborhood Safety for Equestrians
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1 completely agree that The Extension of the Urgency Ordinance is absolutely necessary in order for the Rancho to be protected from the streamlined-ministerial review process of SB 35 projects while Staff is conducting the community workshops, meetings, and public hearings vital to the development of the objective standards the Rancho needs but currently does not have.
I am so concerned for my safety while riding and hiking with my horses and those of my fellow equestrians.
It is already dangerous and unsafe for us just with homeless tents around the area and adding this to the equation in this area is just absurd.
Thank you,
Anne Pomije
Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 1:15 PM
To: City Council DL
Subject: Support for Council Items L5 and L6
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Mayor Schultz,
Vice Mayor Perez,
Council Members Takahashi, Mullins, and Anthony,
Thank you for the opportunity to comment. Please note my support for these two items scheduled for Public Hearings. Since original adoption of the Art in Public Places ordinance, strict security checks were imposed on all airports; and I believe this amendment will address the changes in TSA to maintain security and permit the large art installation to take place as approved by the Burbank Airport Authority. The second large installation will be outside of the security area.
The second item will move constructively forward the requirements of SB423 for the Rancho neighborhood.
Thank you,
Emily
Emily Gabel-Luddy, FASLA
Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 2:12 AM
To: City Council DL
Subject: Proposing..extension.
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Hello Council--
I propose you extend the Urgency Ordinance Extending Interim Development Standards .....in response to the Senate Bill 423 immediately.
We need council to put what ever they can into saving the Rancho not being developed for any SB 35 projects in this area. They are over taking our horse areas with developments that the community does not want here. We have stated this many times to you at meetings held.
Please take care of this extension immediately.
The 910 S Mariposa development needs to be reversed back to the Horse Boarding Stables it was meant to be.
It will have a dire effect on the Horse community in that particular area.
I own property in the Rancho, own a horse, ride in this immediate area daily.
Toni Osseck
Burbank Rancho
Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 1:50 PM
To: City Clerks; City Council DL
Cc: Dave Rand; Ramirez, Fred; McDougall, Joseph H.
Subject: Public Comment Submission for Item L.6 on 1/23/24 City Council Agenda Attachments: Letter to Council re Proposed CUP Ordinance (01.23.24) pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello,
Please see the attached letter as a public comment submission for Item L.6 on 1/23/24 City Council Agenda.
Please confirm receipt of this submission when possible.
Thank you,
Olivia Joncich
Senior Planner
RAND|PASTER|NELSON
Please consider the environment before printing this e-mail.
RAND| PASTER NELSON
January 23, 2024
VIA EMAIL
City of Burbank
City Council
275 E. Olive Avenue
Burbank, CA 91502
[email protected]
Re: Extension of Urgency Ordinance Establishing Interim Development Standards in Response to Senate Bill 423 (Item L.6)
Dear Honorable City Councilmembers:
Our firm represents housing providers interested in developing much needed multifamily development in the City of Burbank ("City"), including in the Rancho community. On December 12, 2023, the City Council adopted Urgency Ordinance No. 23-4,003 that would establish a new conditional use permit ("CUP") requirement for residential-only uses in the Rancho Commercial land use designation ("Proposed CUP Ordinance"). Prior to the adoption of Urgency Ordinance No. 23-4,003, we submitted a letter to the City Clerk describing our concerns that the Proposed CUP Ordinance would violate state law.
With this correspondence, we are reiterating our objections to the Proposed CUP Ordinance which is proposed to be extended by the City Council during the hearing on January 23, 2024.
As described in this letter, we are concerned that the Proposed CUP Ordinance would violate state law and local regulations as follows:
1) The Proposed CUP Ordinance violates Senate Bill ("SB") 330 - also known as the Housing Crisis Act of 2019 ("HCA") - by imposing a new development policy, standard, or condition that would limit housing development beyond the City's limited authority to do so. 2) The Proposed CUP Ordinance violates City Charter Section 500 and Burbank Municipal Code ("BMC") Section 10-1-1996 because the City fails to make the required findings that the Proposed CUP Ordinance is a bona fide urgency measure required "to protect the public safety, health and welfare."
3) The Proposed CUP Ordinance violates SB 423 because it ignores the underlying policy and the explicit and deliberately chosen text of SB 423.
1 See Gov. Code § 66300.
City of Burbank
January 23, 2024
1. Legislative Background
On October 11, 2023, the Governor signed SB 423, which makes multiple changes to the streamlined ministerial approval processing provisions of SB 35, and which becomes effective on January 1, 2024. Among its amendments to SB 35, SB 423 adds subsection (r) to Government Code Section 65913.4, which prohibits the use of SB 35's streamlined ministerial approval process on "qualified sites" from January 1, 2024 to July 1, 2025. A qualified site must meet all the following criteria:
• The site is located within an "equine or equestrian district designated by a general plan or specific or master plan."
• As of January 1, 2024, the general plan has contained, for five or more years, an equine or equestrian district designation where the site is located. • As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses but authorizes residential uses with a CUP. • The applicable local government has an adopted housing element that is compliant with applicable law.
The City is rushing to impose a CUP requirement for the Rancho Commercial land use designation through an emergency ordinance to ensure that SB 423 bars streamlined ministerial housing projects in a part of the City where housing is currently permitted by the General Plan. No such emergency exists that justifies such a restriction, especially given that it has not been vetted through the normal public hearing process. If anything, the actual emergency is a serious lack of housing supply in jurisdictions that have historically underproduced housing - the very problem that current state housing law, including SB 35 and SB 423, were adopted to ameliorate.
Il. The Proposed CUP Ordinance violates the HCA.
The Proposed CUP Ordinance restricts housing development in violation of the HCA. Government Code Section 66300(b)(1) states that "where housing is an allowable use," the City cannot enact "a development policy, standard, or condition" that would impose "a moratorium or similar restriction or limitation on housing development...other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area...." To enact such a development policy, standard, or condition, the City must first submit it to the State's Department of Housing and Community Development ("HCD") for review, and HCD will approve it only if it determines that the City has made the required findings regarding an imminent threat to health and safety. If HCD denies approval of the proposed regulation, it is deemed void.
Without question, the Proposed CUP Ordinance is intended to restrict housing where it is currently permitted by the General Plan land use designation, and the City has not made the required findings to justify such a limitation. As noted, the Rancho Commercial land use designation currently allows housing at a density of 20 unit per acre with "discretionary approval." Furthermore, housing development is currently permitted on the Site without a CUP. The staff report for the Proposed CUP Ordinance claims the new CUP requirement is merely a clarification of the term "discretionary approval." However, the staff report goes on to state: "For sites falling within any other land use designation, the City of Burbank
January 23, 2024
meaning of [footnote 1 of the General Plan Consistency Tables in the BMC, which simply requires "discretionary approval"] will remain unchanged." (Emphasis added.) The fact the City is only electing to change the meaning of "discretionary approval" within the Rancho Commercial land use designation, and not within any other land use designation elsewhere in the City, clearly demonstrates the City's intent to place a different, more restrictive discretionary requirement on the production of housing within the Rancho Commercial land use designation than what currently exists. If the City was merely clarifying the term "discretionary approval," the Proposed CUP Ordinance would have applied the CUP requirement to all zones where "discretionary approvals" are required by the BC. Accordingly, the Proposed CUP Ordinance appears to be a targeted limitation that would make it more burdensome and challenging to develop housing specifically in the Rancho Commercial land use designation. Thus, the City is prohibited under the HCA from adopting the Proposed CUP Ordinance without at least obtaining HCD's prior approval. Nothing in the City staff report suggests that the City has obtained HCD's necessary authorization to lawfully enact the Proposed CUP Ordinance.
The City is also unable to make the required finding that the Proposed CUP Ordinance "specifically protect[s] against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area." There is no credible argument that the Proposed CUP Ordinance, which would only serve to delay and burden the development of General Plan-permitted housing, would protect against any imminent, actual identified threat to health and safety of persons residing within and around properties with the Rancho Commercial land use designation. The use of SB 35 to facilitate the production of housing poses no such threat; instead, it merely streamlines desperately needed housing development that is consistent with the General Plan, results in the production of affordable housing, and mandates the payment of prevailing wages and union benefits - a substantial public benefit as recognized by state policy makers. The state legislature deliberatively incorporated these aspects into SB 35 to streamline housing, particularly in City's like Burbank that have historically underproduced housing at all income Further, the state legislature set a very high bar under the HCA for approval of an ordinance that would limit or burden housing production, allowing such an ordinance only when the City finds there is an imminent threat to the health and safety of "persons", which is contrasted from a more general threat to public health and safety. Here, the Legislature chose to forgo the use of the often-used phrase "public health and safety" which appears in other state statutes and chose the lesser-used phrase "health and safety of persons." This clearly demonstrates the state legislature's intent to require that the City find that an ordinance limiting housing must only be adopted when the health and safety of human beings are threatened, not the character of a given neighborhood. In fact, local pressure to preserve community character is exactly the type of harm the State legislature was attempting to prevent when enacting the HCA, SB 35, and SB 423.
The staff report for the Proposed CUP Ordinance provides no evidence whatsoever that the use of SB 35 within the Rancho Commercial land use designation is a threat in any way to the health and safety of persons in the immediate vicinity. The staff report instead only states that its purpose is to provide "temporary relief from state mandated streamlined ministerial reviews afforded to equestrian districts by SB 423" and goes on to explain that the Proposed CUP Ordinance is urgently required because SB 423 will become effective on January 1, 2024. The staff report explains that the City is in the process of adopting the Burbank Rancho Neighborhood Specific Plan, which will include objective standards to protect the equestrian nature of Rancho neighborhood. These stated purposes do not articulate the current state of the health and safety of persons in the immediate vicinity, or the imminent threats to the health and City of Burbank
January 23, 2024
safety of persons that could result if the Proposed CUP Ordinance was not adopted. These findings must be made under the HCA for the City to legally adopt - and for HCD to pre-approve - the Proposed CUP Ordinance.
III. The Proposed CUP Ordinance violates City Charter Section 500 and BMC Section 10-1-1996.
The City is not authorized to adopt the Proposed CUP Ordinance as an urgent interim ordinance, as proposed, because it has not supported the required findings with substantial evidence. City Charter Section 500 authorizes the City Council to adopt by a four-fifths vote an interim urgency ordinance as an emergency measure for preserving the public peace, health, safety, or welfare. BMC Section 10-1-1996 separately authorizes the City Council to adopt an interim zoning ordinance as an urgency measure without complying with public hearing requirements to protect the public safety, health, and welfare if the Planning Commission is conducting or intends to conduct studies within a reasonable time on zone changes, permitted uses, or property development standards.
As argued above, the City cannot make the required findings about public safety, health, and welfare. There is nothing detrimental to public safety, health, and welfare that is implicated by streamlining desperately needed housing in the Rancho Commercial land use designation or anywhere else in the City. In fact, SB 35 provides benefits to the public welfare by requiring the provision of affordable housing and the payment of prevailing wages and union benefits. In the face of a declared housing supply and affordability crisis of historic proportions' the desire to maintain the character of a given neighborhood does not constitute a valid imminent threat to public safety, health, and welfare.
Therefore, the Proposed CUP Ordinance does not properly qualify as an interim urgency ordinance subject to City Charter Section 500 and BMC Section 10-1-1996.
IV. The Proposed CUP Ordinance Violates the Legislature's Intent in Adopting SB 423.
The Proposed CUP Ordinance also violates the underlying policy of SB 423. We recognize that SB 423's changes to SB 35 impose restrictions in certain equine neighborhoods - but if specified criteria are satisfied, such as the requirement for a CUP for residential uses. Had the state legislature wanted under SB 423 to exclude a broader array of equine neighborhoods from using SB 35's streamlined ministerial approval process, it would have replaced the requirement for a CUP with the requirement for "any discretionary approval" for residential uses on a site. No such CUP requirement existed to permit multifamily development in the Rancho Commercial land use designation at the time the legislature enacted SB 423 and the Governor signed the bill into law. The City's belated rush to now impose a CUP requirement - on dubious urgency grounds which cannot be justified - contradicts the legislature's stated purpose and ignores the explicit and deliberately chosen text of SB 423.
V. Conclusion
We are concerned the Proposed CUP Ordinance violates the HCA by limiting the opportunities for housing development without making the required findings under state law or obtaining HCD's required pre-approval. The Proposed CUP Ordinance further violates the City's own Charter and zoning regulations 2 See Gov. Code § 65589.5(a).
City of Burbank
January 23, 2024
regarding the high bar for adoption of urgency ordinances. Accordingly, we respectfully request that the City Council reject the Proposed CUP Ordinance.
Thank you for your attention to this matter.
Sincerely,
Dave Rand
Dave Rand
Partner
of RAND PASTER & NELSON, LLP
CC: Fred Ramirez, Assistant Community Development Director Joseph McDougall, City Attorney
Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 1:35 PM
To: City Council DL
Subject: Agenda Item L.6 Adoption of an Extension of an Urgency Ordinance Extending Interim Development Standards in Response to Senate Bill 423
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Mayor, Vice-Mayor and City Council Members,
I support Staff's recommendation to Council to extend the Urgency Ordinance for 10 months and 15 days, until December 11, 2024, to enable staff to work with the Rancho community on establishing
comprehensive objective standards for the Rancho Neighborhood Specific Plan.
It is clear if we want to preserve the Rancho, this must be one of the first and most important steps, so that we can move forward.
I want to thank you for your vote on December 12, 2023 for Urgency Ordinance no. 23-4, 003.
Best,
Gail Just
Meredith, Alyssa
From:
Sent: Tuesday, January 23, 2024 1:51 PM
To: City Council DL
Subject: BUTTERFLY GARDENS- PROPOSED DEVELOPMENT
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Hello,
It appears the developers want more...and more. Please preserve the lives of equestrians and the horses they love. The Rancho area should be preserved for the equestrians and their animals. This development will put lives in danger!
The Extension of the Urgency Ordinance is absolutely necessary in order for the Rancho to be protected from the streamlined-ministerial review process of SB 35 projects while Staff is conducting the community workshops, meetings, and public hearings vital to the development of the objective standards the Rancho needs but currently does not have.
I support extending the ordinance so this matter can be reviewed and addressed. SB35 should not apply to Butterfly Gardens.
Thank you.
Mari Halliday
Meredith, Alyssa
From: Stephen Horn I
Sent: Tuesday, January 23, 2024 2:14 PM
To: City Council DL
Subject: Extension of Urgency Ordinance for compliance with SB 423 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I am writing to urge you to vote Yes to on the Extension of the Urgency Ordinance for compliance with SB 423.
The Rancho needs to be protected from the streamlined-ministerial review process of SB 35 projects.
SB 35 is an abandonment of city responsibilities to provide safe, healthy developments for humans, animals, and all of nature. It allows developers a rubber stamp to bypass all concerns for the city's sustainability of resources, infrastructure, and quality of life.
Thank you for supporting SB 423.
Stephen Horn
Burbank, CA 91506
Sent from my iPhone
City Council Meeting
Meeting Time: 01-23-24 18:00
eComments Report
Meetings Meeting Agenda Comments Support Oppose Neutral Time Items
City Council Meeting 01-23-24 39 24 5 19
18:00
Sentiments for All Meetings
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Overall Sentiment
• Support:20%2
• Opposo 79)
No Rogponso:0"s)
City Council Meeting
01-23-24 18:00
Agenda Name Comments Support Oppose Neutral
5. Introduction of an Ordinance Amending Title 10 of the Burbank 19 0 19 Municipal Code to Update the Existing Development Standards for Art in Public Places to Authorize Post-Security Areas of the Hollywood Burbank Airport as Eligible Places for Public Art - Community Development Department
6. Adoption of an Extension of an Urgency Ordinance Extending Interim 5 5 Development Standards in Response to Senate Bill 423, which added California Government Code Section 65913.4(г) and 10-Day Report - Community Development Department
Sentiments for All Agenda Items
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Overall Sentiment
HE Super a
18 дособотол
No Roverse
Agenda item: eComments for6. Adoption ofan Extenslom ofan Urgency Ordinance Extending Interim Develapmont Standants In Response to Senate BIll 423, which added Calliomla Government Code Sectlon 65913,4(г) and 10-Dsy Repart Community Development Department
Overall Sentiment
He the 0r
No R
Alisa Cunningham
Location:
Submitted At: 3:09pm 01-23-24
I support staff's recommendation to extend Urgency Ordinance No. 23-4,003. I know we need the time to continue to make progress toward
the completion of the ongoing Burbank Rancho Neighborhood Specific Plan efforts without the significant disruptions associated with projects being reviewed through a state-mandated streamlined ministerial review.
Sabrina Silver
Location: 91607, Valley Village
Submitted At: 2:15pm 01-23-24
The Extension of the Urgency Ordinance is necessary for the Rancho to be protected from the streamlined- ministerial review process of SB35 projects while Staff is conducting the community workshops, meetings, and public hearings vital to the development of the objective standards the Rancho needs but currently does not have.
It was adopted to preserve the public peace, health, safety, or welfare. I board my horse feet away from a proposed development at 910 Mariposa, and am seriously concerned about the safety implications of this project moving forward for my and my horse's health & safety.
Gail Just
Location: 915062926, BURBANK
Submitted At: 1:39pm 01-23-24
Dear Mayor, Vice-Mayor and City Council Members,
I support Staff's recommendation to Council to extend the Urgency Ordinance for 10 months and 15 days, until December 11, 2024, to enable staff to work with the Rancho community on establishing comprehensive objective standards for the Rancho Neighborhood Specific Plan.
It is clear if we want to preserve the Rancho, this must be one of the first and most important steps, so that we can move forward.
I want to thank you for your vote on December 12, 2023 in support of Urgency Ordinance no. 23-4, 003.
Best,
Gail Just
Burbank Rancho
Victoria Goodfellow
Location: 91506, Burbank
Submitted At: 2:17pm 01-21-24
Please continue the extension of the emergency ordinance. Allowing such a huge development in the heart of Rancho irreparably damages the unique neighborhood & poses many safety risks. When the new housing law was passed, it was done without regard for unintended consequences - such as on the impact of equestrian communities. That error has now been corrected and provides a clear path forward for Burbank to legally extricate itself from this project.
Nori Walla
Location:
Submitted At: 11:25pm 01-20-24
I support the extension of an Urgency Ordinance extending interim development standards in response to SB 423.