ATTACHMENT 1
1 ORDINANCE NO.________
AN ORDINA NCE OF THE CO UNCIL OF THE CITY OF
BURBANK AMENDING BURBANK MUNICIPAL CODE
SECTIONS 2 -4-601 AND 2-4- 603 (TRANSIENT
OCCUPANCY TAX)
City Attorney’s Synopsis
The current transient occupancy tax (TOT) rate is 10 percent. O rdinance No. 22- 3,984 listed the current capped transient occupancy tax rate incorrectly, at 12 per cent.
This ordinance simply corrects that error and restates that the current TOT rate is and remains 10 percent, unless otherwise approved by the voters.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. On December 6, 2022, the City adopted Ordinance No. 22- 3,984 to streamline the TOT regulations by adding clarifications consistent with the existing laws, voter approvals, and current practices. Ordinance No. 22- 3,984 was not intended to affect nor change any existing TOT rates that were previously approved by the voters.
B. No TOT rates have changed since December 6, 2022 and the current TOT remains at 10 percent. T his ordinance simply serves to update the Burbank Municipal Code ( BMC) to update an incorrect reference to the TOT rate that was previously approved by the voters.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 15378(b)(4), because governmental fiscal and administrative activities that is not committed to any project, are not considered projects under CEQA. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
Section 2. Amendment to Section 2-4-601. BMC Section 2-4-601 is amended to replace “12” with “10”.
ATTACHMENT 1
2 Section 3. Amendment to Section 2 -4-603.B. BMC Section 2-4- 603.B is amended to replace “12” with “10”.
Section 4. Codification. The City Manager or their designee is authorized to execute any action necessary to codify these amendments into the BMC.
Section 5. Severability. If any provision of this ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity will not affect other provisions, sections, or applications of the ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 6. Effective Date. This ordinance is effective at 12:01 a.m. on the 31st day after the date of adoption.
Section 7. Publication. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Burbank, California.
PASSED AND ADOPTED this ____ day of ________, 2024.
__________________________
Nick Schultz
Mayor
Approved as to Form
Attest: Office of the City Attorney
_____________________________ By: _______________________ Kimberley Clark, City Clerk Kane Thuyen,
Senior Assistant City Attorney
ATTACHMENT 1
3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark , City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following the Ordinance’s adoption on __________.
__________________________
Kimberley Clark, City Clerk