1 STAFF REPORT
DATE: March 26, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
VIA: Fred Ramirez, Assistant Community Development Director Scott Plambaeck, Planning Manager
Amanda Landy, Principal Planner
Greg Mirza-Avakyan, Senior Planner
BY: Fatima Benitez, Associate Planner
Robert Keatinge, Associate Planner
SUBJECT: Approval of the 2023 General Plan Annual Progress Report and 2023 Housing Element Annual Progress Report
RECOMMENDATION
1. Approve the 2023 General Plan Annual Implementation Progress Report (Attachment 1); and
2. Approve the 2023 Housing Element Annual Progress Report (Attachment 3).
BACKGROUND
Annual Reporting on Local General Plans and Housing Elements – State Required California Government Code § 65400 mandates that City and County planning agencies prepare an annual report on the status and progress of their General Plan and Housing Elements. These annual reports (General Plan Annual Progress Report (APR) and Housing Element APR ) are submitted to the State’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by April 1 st for the prior calendar year . The reports must also be reviewed by the local governing body, which can be done before or after submitting to the State. After review by Council, staff will submit the 2023 APRs to HCD and OPR to ensure compliance with the State deadline of April 1, 2024 . Updated versions of these reports may be re-submitted to the OPR if revisions are directed by Council.
OPR uses the General Plan APR to help identify how local planning activities relate to statewide planning goals and policies. For the Housing Element APR, HCD provides a standard template that cities complete to fulfill statutory requireme nts for reporting on housing information , including housing production and affordability, implementation of
COMMUNITY
DEVELOPMENT
2 Housing Element programs, and local efforts to remove governmental constraints from the development of housing. Most notably, the Housing Element APR includes a tabulation of the City’s progress toward the eight-year Regional Housing Needs Assessment (RHNA) allocation, which is further detailed later in this report.
Although the General Plan and Housing E lement APRs are state mandated reports (for State-required long range policy documents), they also serve as useful tools for providing Council and the Burbank community with annual updates regarding implementation of the Burbank2035 General Plan (Burbank2035) and Housing Element goals and policies.
Burbank2035 was adopted on February 19, 2013 and serves as the City’s comprehensive policy document that provides guidance to City decision- makers on allocating resources and guiding the City’s future physical development.
The goals and policies contained in Burbank2035 help the City to better define and ultimately achieve its physical, economic, and environmental goals. Included among these goals are:
• Assisting businesses to better compete in the local and regional marketplace; • Ensuring responsible development while maintaining community character and protecting residential neighborhoods;
• Addressing local and regional transportation and environmental concerns; and • Building better neighborhoods for Burbank residents to live, work, and play.
The Housing Element APR helps the City track progress toward implementing Council’s Affordable Housing Strategy, which includes the goal of facilitating the development of 12,000 housing units by 2035 (as a housing policy puzzle piece). Collectively, Council’s housing strategy seeks to address the jobs-to-housing imbalance (nearly 3:1) in Burbank and facilitate the development of new housing that is affordable to all economic segments of the community, including the City’s workforce.
DISCUSSION
Burbank2035 General Plan APR Highlights
Burbank2035 includes the following state mandated elements (chapters) that address Air Quality and Climate Change; Land Use; Mobility; Noise; Safety; Open Space and Conservation, and Housing, as well as an optional Plan Realization Element . In 2022, along with the updated 2021- 2029 Housing Element and Safety Element , the City also adopted Environmental Justice policies. City Departments tasked with implementation of Burbank2035 include Community Development, Parks and Recreation, Public Works, Fire Department, Police Department, and Burbank Water and Power.
The purpose of the optional Plan Realization Element, the eighth element of Burbank2035, is to ensure that the overall goals and policies set forth in Burbank2035 are implemented through direct measurable programs. Each implementation program requires City action, either alone or in collaboration with non- City organizations or with Federal, State, and/or County agencies. Some of the implementation programs are processes or procedures that the City currently administers, such as the review of development projects. The General Plan APR 2023 (Attachment 1) provides a summary of updates on various General Plan goals and policies within the 2023 reporting year. 3 Highlights of key accomplishments from 2023 include:
• Updates to the Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards
• Updates to the Drive-Through Development Standards
• Updates to Regulations for the Protection of Trees in the Public Right-of-Way • Adoption of Objective Design and Development Standards for Mixed- Use and Residential Projects in Nonresidential Zones
• Adoption of the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process Pursuant to State Law
• Adoption of Complete Streets Objective Development Standards • Adoption of a Citywide Parks Master Plan
Housing Element APR
The Housing Element APR describes the City’s progress toward implementation of the Housing Element programs within the reporting period of 2023. In particular, the report documents the amount of net new housing development that has occurred during the reporting year and at which affordability levels . The housing units are tracked by calculating the number of development applications submitted, project entitlements approved, building permits issued, and building permits that received Certificate of Occupancy approval. The APR also includes status updates on the City’s progress in meeting the objectives for each of the numerous programs noted in the Housing Element.
Regional Housing Needs Assessment (RHNA) – 6
th Cycle Summary
Progress toward achieving the mandated RHNA allocation is a key component of the annual Housing Element APR submitted to HCD and OPR. The RHNA establishes the number of new homes, and at what affordability levels , a jurisdiction is required to plan for within an eight-year planning cycle to address regional and State housing needs.
Through the RHNA allocation, each jurisdiction is assigned its “fair share” of housing production at specified affordability levels. The 2023 APR for Burbank, and all jurisdictions within the Southern California Associati on of Governments (SCAG) region (inclusive of the counties of Los Angeles, Orange, Imperial, San Bernardino, Ventura, and Riverside), falls within the 6
th RHNA cycle extending from 2021 through calendar year 2029.
The City’s RHNA allocation and progress f or the 2021-2029 6 th planning cycle is shown
in the summary table below, which is taken directly from “Table B” of the Housing Element APR 2023 provided (Attachment 3). As identified in the table, 319 net new housing units were issued building permits in 202 3, to be counted towards the City’s 8,772 total unit allocation for the 6th planning cycle.
4 **The 6th Cycle RHNA includes units that received building permits on and after 10/15/2021. ***Total Remaining RHNA subtotal includes Projection Period totals (6/30/2021-10/14/2021), not included in this table.
Additional Reporting on Housing Applications In-Process Housing units that count toward satisfying the City’s RHNA allocation may only include those for which building permits have been issued. However, the complete Housing Element APR provides a more complete picture of the City’s housing production and progress toward the RHNA allocation within the reporting year by acknowledging housing projects that are still in the construction and development process (i.e., projects submitted in 2023 that have not yet been approved, or projects that received an entitlement , but have not yet been issued a building permit). Table A of the Housing Element APR (Attachment 3) indicates that 759 housing units were submitted during the 2023 reporting period. Table B of the Housing Element APR (Attachment 3) indicates that in 2023, 319 residential units received building permit s. Overall, the City continues to make progress beyond what is captured in the RHNA table.
Accessory Dwelling Units (ADUs) and Affordability
The City is also required to identify housing reported by affordability level based on the household income limits published annually by the State. Typically, housing units can only be reported as affordable if their approval was subject to an affordability covenant limiting the rents or sales prices that could be charged for those units. However, HCD allows jurisdictions to report certain non- deed-restricted housing units, such as ADUs, as affordable in their Housing Element APR if sufficient documentation substantiates those units as being affordable. For example, a jurisdiction can provide a survey of comparable Burbank’s 6th Cycle RHNA Summary Table
Income Level
RHNA Allocation
by Income Level
(2022-2029)
2021**
2022
2023
Total
Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Very Low
Deed
Restricted
2,553
3 0
3 2,550
Non-Deed
Restricted
0 0
Low
Deed
Restricted
1,418
5 0
377 1,041 Non-Deed
Restricted
56 116 136
Moderate
Deed
Restricted
1,409
0 69
132
1,277
Non-Deed
Restricted
1 25 30
Above Moderate 3,392 52 630 153 866 2,526
Total Burbank RHNA
Allocation
8,772
Subtotals 117 840 319 1,378 7,394***
5 housing units within the surrounding area showing at what income levels the ADUs would be affordable at based on the rents listed for those units.
An ADU survey was completed in 2019 by Karen Warner Associates, the City’s consultant for the Housing Element Update, and can be used for the 2023 report. 1 This ADU rent
survey is provided (Attachment 4). The rent survey analyzed 50 ADU rental listings within Burbank and other surrounding San Fernando Valley communities. Using the standard that households should spend no more than 30% of gross income on housing costs, the affordability distribution of the units was as follows (assuming one-person households for all units):
• 44% of the units surveyed were affordable to Above Moderate-Income households (greater than 120% of Area Median Income, or AMI);
• 10% of the units surveyed were affordable to Moderate Income households (120% of AMI); and,
• 46% of the units surveyed were affordable to Low Income households (80% of AMI).
City staff used this affordability survey approach for the 2018 through 2022 APRs, which was accepted by HCD in each reporting year. Consistent with years prior, staff applied the same methodology for the ADUs for the 2023 reporting period, and determined that of the 308 ADUs that received building permits in 2023, 142 are projected to be Affordable to Lower -Income households, and an additional 31 are proj ected to be A ffordable to Moderate-Income households, with the remainder being A ffordable to Above- Moderate income level households.
Other Tracked Data
The Housing Element APR 2023 also includes blank tables requiring information that is not applicable to the City of Burbank or has not been collected for the 2023 reporting period. These tables have, therefore, been left blank.
Submittal to HCD and OPR
Cal. Gov. Code § 65400 requires the local planning agency to provide the APRs to the legislative body (i.e., Council or Commission), HCD, and OPR by April 1 st of each year for the prior calendar year reporting period. To ensure that the City remains in compliance with State law, staff must submit the latest version of the 2023 General Plan and Housing Element annual reports to HCD and OPR by April 1, 202 4. If the APRs are approved by Council, then staff will provide notification to HCD and OPR of the Council’s approval of both reports. If Council makes changes to one or both reports, then staff will submit the updated reports to HCD and OPR.
FISCAL IMPACT
There is no fiscal impact associated with Council review and submission of annual reports to HCD and OPR.
1 Referenced in the “Notes” Column in Section A2 of Attachment 3. 6 ENVIRONMENTAL REVIEW
The APRs are administrative activities conducted by the City that will not result in direct or indirect physical changes in the environment, as such, they do not qualify as a project as defined in the California Code of Regulations § 15378(a). Further, the Annual Progress Reports are also exempt from review under the California Environmental Quality Act (CEQA), pursuant to California Code of Regulations § 15601(b)(3). The activity is covered by the 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, such as the APRs, may have a significant effect on the environment, the activity is not subject to CEQA.
CONCLUSION
The General Plan and Housing Element APRs describe the progress of the City’s ongoing efforts to implement and assess identified goals, policies , and objectives in the General Plan and Housing Element. Demonstration of ongoing compliance with state required reporting ensures that the City maintains eligibility and competitiveness for ongoing grant funding opportunities that may help to implement these goals and policies. Staff recommends that Council approve the 2023 General Plan Annual Progress Report and the 2023 Housing Element Annual Progress Report. Progress reports will continue to be provided to Council on an annual basis.
ATTACHMENTS
Attachment 1 – General Plan Annual Implementation Progress Report 2023 Attachment 2 – Burbank2035 General Plan Realization Element APR Update 2023 Table Attachment 3 – Housing Element Annual Progress Report 2023 Attachment 4 – Accessory Dwelling Unit Rent Survey and Affordability Analysis