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Planning Commission Minutes
April 8, 2024
CALL TO ORDER 6:01 p.m.
INVOCATION
Mr. Monaco gave the invocation.
FLAG SALUTE
Mr. Rizzotti led the flag salute.
ANNOUNCEMENTS
HEARINGS
1. Project No.
23-0003001 |
A Request for
a Conditional
Use Permit to
allow the
operation of
an Adult Day
Care Facility
None.
PROJECT DESCRIPTION:
A request for a Conditional Use Permit to allow for the operation of a new 8,600 square foot Adult Day Care Facility located at 607 South Glenoaks Boulevard. No exterior improvements are being proposed to the commercial structure. Minor alterations to the existing covered parking area are proposed. The Project site is zoned C-3 (General Commercial Business).
ENVIRONMENTAL REVIEW:
The Project qualifies for an exemption from the California Environmental Quality Act (CEQA) pursuant to Section 1530 1,
ROLL CALL
Present- - - -
Planning Board Members: Chair, Christopher Rizzotti; Vice Chair, Samantha Wick; Members, Narek Mkrtoumian, and
Robert Monaco.
Absent- - - -
Also Present- Senior Assistant City Attorney, Jill Vander Borght; Assistant Community Development Director, Fred Ramirez; Planning Manager, Scott Plambaeck; Principal Planner, Daniel Villa ; Associate Planner, Xjvirr Thomas ; Assistant Planner, Sara Hrynik; Clerical Worker, Diana Arias
ATTACHMENT 12 - 29
located at
607 South
Glenoaks
Boulevard.
Class 1 of the State CEQA Guidelines pertaining to operation, permitting, and minor alteration of existing facilities, involving negligible or no expansion of existing or former use. This exemption is applicable because the project involves minor interior alterations to the existing commercial building and the associated parking structure, with negligible expansion of use compared to the former professional office use, and there are no unusual circumstances that would preclude the use of this exemption.
Meeting Disclosures:
None.
Notices Given:
Mr. Ramirez confirmed for the Commission that notices were given per the Burbank Municipal Code requirements.
Written Communication:
Mr. Ramirez stated there are but was given to the Commission before the meeting.
Staff Report:
Sara Hrynik presented the project to the Commission.
Applicant Presentation:
Mr. Armik Shahnazarian, project coordinator , represented the applicant and agreed with the City staff proposed Conditions of Approval.
Public Comment:
Matt K., resident, asked for more information on how staff can advocate for projects and how much the cost is.
Response to Public Comment:
Ms. Hrynik stated adult day cares are permitted within the City in the C-3 zone with a Conditional Use Permit that would have to be presented to the Commission.
Mr. Villa elaborated that this went through typical C onditional Use Permit process, which consists of staff and other departments review of the project r equest. Once staff completes its review then staff prepares the report, findings and recommendation to present to the Commission for their consideration at a noticed public hearing.
Mr. Ramirez answered the public concerns regarding potential project advocacy by City staff and the question regarding the CEQA ATTACHMENT 12 - 30
2. Project No.
22-0003897 |
A Zone Text
Amendment
to Establish
Regulations
and
Development
Standards for
Firearm and
determination. Mr. Ramirez provided an overview of the applicability of the zoning regulations that facilitate the Commission’s review of the proposed CUP and also noted that staff gives the same level of analysis and consideration for any project request processed by the City under its discretionary review process.
Commission/ Staff Q&A
Mr. Monaco asked what the property will be used for from 3:00 p.m. to 8:00 p.m.
Applicant’s representative answered there will be no other use than for an adult day care center.
Mr. Ramirez clarified that during afterhours administrative and facility maintenance tasks will be performed.
Deliberation:
Mr. Monaco expressed support for the project.
Mr. Mkrtoumian thanked staff and supports approval.
Ms. Wick added her support for the project and knows it will benefit the seniors of the city.
Mr. Rizzotti stated this would be the third adult day care center that he’s been involved in considering and that he did not see any issues with the CUP request. He noted that the project is a good use of the site and helps the community’s senior population.
Mr. Monaco made a motion to approve Project No. 23 -0003001 | A request for a Conditional Use Permit to allow the operation of an Adult Day Care Facility located at 607 South Glenoaks Boulevard, seconded by Ms. Wick.
Motion carried by 4-0 vote. Motion passes.
PROJECT DESCRIPTION:
The Planning Commission will consider making a recommendation to the City Council regarding a request for a Zone Text Amendment (ZTA) to update Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code to establish regulations and development standards for Firearm and Ammunition Retailers
ENVIRONMENTAL REVIEW:
ATTACHMENT 12 - 31
Ammunition
Retailers.
The project qualifies for an exemption from the California State Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
The activity is covered by the common-sense 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 activ ity is not subject to CEQA . No unusual circumstances exist that would preclude the use of this exemption. This proposed ZTA is an administrative activity of the City, which will have no potential significant environmental effect on existing firearm retaile rs.
Furthermore, pursuant to CEQA Guidelines Section 15378, this ZTA is not considered a “project” subject to the requirements of CEQA because the ZTA has no potential for resulting in either a direct physical change in the environment, or a reasonably for eseeable indirect physical change in the environment.
Meeting Disclosures:
None.
Notices Given:
Mr. Ramirez confirmed for the Commission that notices were given per the Burbank Municipal Code requirements.
Written Communication:
Mr. Ramirez stated all written communication was given to the Commission before the meeting.
Staff Report:
Xjvirr Thomas presented the project to the Commission.
Public Comment:
Daemian Garrd, resident, stated that if the zoning proposal is approved, the Commission will be using zoning to eliminate gun stores from the C ity. Per Mr. Garrd, he noted that the City Council has stated their intention to close gun stores through a slow attrition.
Further, he noted that the area being proposed for zoning will force gun stores to move to industrial buildings causing the store to run out of business due to the high rent. He also u rged the Planning Commission to not use zoning as a political remedy by remaining unbiased and that the city was risking litigation from multiple organizations if this zone text amendment is approved. In closing, he noted that t he Planning Commission should not be used as a political tool of the City Council.
ATTACHMENT 12 - 32
Linda Bessin , resident, thanked and acknowledged staff for their diligence and dedication to this project. She noted that t he zone changes being presented are legal and court tested. She went on to say that m any use the argument that this will hurt small business owners and will restrict the tax revenue received by the city but if this argument is used in good faith, then it is also expect ed to be more advocates for marijuana dispensaries. Further, she noted that threats of lawsuit s have been heard however there are no legal grounds for this threat. In addition, she noted that zone changes are allowed and should be made as time passes based on the needs of the community. She also stated that she was in support of the project and the Commission’s recommendation for appro val to the City Council .
Debra Leanitt -Gilmore, parent, and worker of Burbank Unified School District pointed out that in a half a mile walk she took realized there were four gun stores close to each other all walking distance of John Burroughs High Sch ool and two other elementary schools.
She also noted that there is an unrestricted availability of gun shops in our city that needs to stop by not allowing anymore and finding a way to get rid of the ones that are already here. She u rged the Commission to not vote on this proposal.
Judith Annozine, resident, inquired why distance separation, Option 1 was chosen rather than Option 3. She stated she lives around the corner from Gun World and was surprised that when the Target was getting developed many notices went out however with the gun store it appeared with no announcement . She explained her impression of what was being proposed is a moratorium on gun shops , but all she has seen with this proposal is places where more gun shops can enter. She disagreed with the proposed regulations.
Matt K., resident, noted that Chief Michael Albanese and the Police Department provided a report that surveyed the calls of services and activity around the existing gun stores and found that those locations were safer than the average retailers in the city.
Brooke, resident, and business owner for 24 years, stated that guns are the leading killer of children an d the fact that Burbank is the second largest per capita gun retailer in the United States is a horrible moniker for the city. She stated that she understands this zoning ordinance is just a step to reduce the number of gun stores.
Phone Caller (not identified) warned the Commission to be careful of emotional residents. He noted that it has been previously mentioned that guns are the number one killer of children that was ATTACHMENT 12 - 33
off a CDC report that has been proven false by their own admission.
He stated that all gun stores act in good faith and expect the city to do the same by its citizens. Thanked the Commission for taking his call.
Staff Response:
Mr. Thomas addressed the first comment regarding the language of firearm retailers being eliminated through attrition by explaining the City Council obtained the language exclusively from the City’s non- conforming section from the Burbank Municipal Code and the intend is that any non-conforming use over attrition will no longer be in the city. He noted that City s taff did a comprehensive evaluation of all firearms related regulations across the S tate looking into the potential for caps. Staff and the C ity Attorney’s O ffice worked together to see if this would open the city to any legal challenge.
Analysis was also undertaken by staff to determine if other cit ies have done such a thing and it has not . Further, he noted that the proposed r egulations were evaluated to determine any legal implications with any potential proposed cap on these types of retailers.
Mr. Thomas explained why staff proposed Option 1. He also noted that o riginally, O ption 2 was going to be recommended but in December staff attended the City Council study session where Council directed staff to look at applying an anti-clustering provision to the distance separation analysis . The anti -clustering analysis involved evaluating the potential of a 500 ft buffer of individual retailers from each other. Staff and Dudek agreed that the best approach was proposed Option 1 with the added buffering resulting from the anti -clustering provision as this approach would provide many parcels for future retailers to consider.
Commission/ Staff Q&A:
Mr. Monaco asked if there are currently any restrictions or enforcement review of the business operations especially storage of weapons and ammo.
Mr. Thomas explained that firearm retailers are regulated by the state and federal government and recently City Council adopted a business license ordinance that also instituted local inspections by the Police Department that would look at the secure storage of firearms.
Mr. Monaco asked if there are currently any restrictions or enforcement review of gun ranges.
ATTACHMENT 12 - 34
Mr. Thomas stated that gun ranges will all fall under the same business ordinance and zoning restrictions.
Mr. Ramirez clarified that the zoning code regulation being presented focuses on the city’s ability to use its police power to regulate land use within the commercial corridors and as understood by staff that the public’s primary concerns are over the concentration of this land use in certain commercial corridors. Further, he noted that staff understood City Council to also have staff evaluate the impact of this use in maintaining community character along the corridors and the adjacent neighborhoods that they serve.
Mr. Monaco inquired why Option 1 was chosen over Option 3.
Mr. Thomas explained that staff initially pick ed Option 2. However, after City Council’s meeting where the anti-clustering provision was introduced further limiting the number of parcels available to future firearm retailers, staff shifted to Option 1.
Ms. Wick asked if firearm retailers get a 90 -day window as in the Drive Thru ordinance.
Mr. Thomas explained there will be a carve out from the general BMC non-conforming use cessation section and there will be no 90- day window. He also noted that going forward they would have 180 days to follow any of the other City adopted development standards, but their legal non-conforming designation would remain.
Mr. Villa elaborated that in the regulation the language states that the 90-day provision will not apply to firearm retailers, the moment the business closes it will immediately no longer be able to open.
Ms. Wick asked if staff knew the percent of businesses of the current firearm retailers that are compliant.
Mr. Thomas answered staff does not have that information.
Mr. Villa noted there are 14 Federal Firearm Licensees in the C ity but only 9 of them sell firearms via retail . I f any versions of the options are adopted, it would result in the legal non-conformity of all firearm retail businesses meaning if they were ever to close business, they will not be able to reopen in the same place because all existing firearm licensees are outside of the zoning area which would allow the use with a CUP as noted in Option 1.
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Mr. Rizzotti asked whether a firearm store could transfer it to someone else and remain as that business.
Mr. Thomas answered yes, a federal firearm license can be transferred h owever whenever that license is surrendered or revoked, or ceased, then the legal non-conformity ends.
Mr. Rizzotti asked the Dudek consultant how accurate the report is when identifying where potential firearm retailers can be without sensitive areas.
Ms. Catherine Tang Saez explained the maps and location of the residential zones are based on city provided data and are up to date.
The sensitive uses were based on data obtained from County of Los Angeles public database.
Deliberation:
Mr. Monaco believes it is the communities’ right to determine which way the quality of life goes and what Burbank retail corridors look like but would like to vote for Option 3.
Mr. Wick agreed that Option 3 would be the best. Reiterated that the Commission’s objective is to make a recommendation on land uses.
The City has many conditional use permits for various other businesses throughout the city.
Mr. Mkrtoumian supported moving forward with approving the Zone Text Amendment especially if the C ity must decide on this before July 26th when the City’s urgency ordinance is set to expire.
Mr. Rizzotti trust in staff’s, City Council’s, and C ity Attorney’s suggestion to implement Option 1 with the 500-ft buffer from similar firearms retailers as the best case to move this forward without being legally challenged and ending up with no land use regulations.
Mr. Mkrtoumian made a motion to approve Project No. 22-0003897 |A Zone Text Amendment to Establish Regulations and
Development Standards for Firearm and Ammunition Retailers, seconded by Ms. Wick.
Motion carried by a 4-0 vote. Motion passes.
REPORTS TO
COMMISSION
None.
ATTACHMENT 12 - 36
ORAL
COMMUNICATIONS
None.
APPROVAL OF
MINUTES
Ms. Wick made a motion to approve the minutes from the
Planning Commission meeting of March 24, 2024. Seconded by Mr. Monaco, carried by a vote of 4-0.
INTRODUCTION
OF ADDITIONAL
AGENDA ITEMS
None.
CITY PLANNER
COMMENTS
ADJOURNMENT
TO THE PLANNING
COMMISSION
MEETING OF
APRIL 22, 2024
None.
Respectfully Submitted,
Secretary of the Planning Commission
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