1 STAFF REPORT
DATE: September 24, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Assistant Community Development Director - Planning Scott Plambaeck, Planning Manager
Daniel Villa, Principal Planner
BY: Vanessa Quiroz, Senior Planner
SUBJECT: Adoption of an Ordinance Amending Title 10, Chapter 1, Article 19, of the Burbank Municipal Code to Require an Indemnification Agreement on All Planning Applications and Associated Environmental Determinations
RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1, ARTICLE 19, OF THE BURBANK MUNICIPAL CODE TO ADD DIVISION 13, ESTABLISHING INDEMNIFICATION REQUIREMENTS ON LAND USE
APPLICATIONS, ENTITLEMENTS, AND ASSOCIATED ENVIRONMENTAL DETERMINATIONS (PROJECT NO. 24 -02242, ZONE TEXT AMENDMENT) (Attachment 1).
SUMMARY
The above- entitled Ordinance was introduced at a Regular City Council Meeting on September 10, 2024. Council Members Anthony, Mullins, Takahashi, Vice-Mayor Perez, and Mayor Schultz were present.
Vote at Introduction:
AYES: Anthony, Mullins, Takahashi, Perez, and Schultz.
NOES: None.
ABSENT: None.
This Ordinance is now presented for adoption.
COMMUNITY
DEVELOPMENT
2 ENVIRONMENTAL REVIEW
The proposed Zone Text Amendment ( ZTA) has been reviewed for compliance with the California Environmental Quality Act (CEQA). It is staff’s assessment that the ZTA is exempt from CEQA (Public Resources Code § 21000 et seq,) pursuant to California Code of Regulations §15061(b)(3), the common-sense exemption. The proposal consists of a ZTA to the Burbank Municipal Code (BMC) establishing indemnification requirements on planning applications, entitlements, and environmental determinations from CEQA and the National Environmental Policy Act (NEPA), and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, the activity is exempt.
FISCAL IMPACT
There is no fiscal impact to the City’s General Fund by adopting the proposed ZTA. The ZTA consists of adopting indemnification regulations for all planning applications and environmental determinations to shift the responsibilit y of all post -entitlement defense costs including but not limited to, legal consultation fees, administrative expenses, attorneys’ fees, and settlements to the project applicant. The proposed ZTA is intended to reduce the potential impact to the City’s budget and General Fund that could otherwise result from potential lawsuits challenging planning application determinations and their associated environmental review.
ATTACHMENT
Attachment 1 – Ordinance