1 STAFF REPORT
DATE: December 17, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Assistant Community Development Director - Planning Scott Plambaeck, Planning Manager
BY: Amanda Landry, Principal Planner
SUBJECT: Adoption of an Ordinance Amending the Zoning Map and the Burbank Municipal Code to Create a New 2021- 2029 Housing Element Opportunity Sites Overlay Zone to Implement Required 2021- 2029 Housing Element Programs Pursuant to State Law
RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING THE ZONING MAP AND TITLE 10: ZONING REGULATIONS OF THE BURBANK MUNICIPAL CODE TO CREATE A NEW 2021 -2029 HOUSING ELEMENT OPPORTUNITY SITES OVERLAY ZONE TO IMPLEMENT REQUIRED 2021 -2029 HOUSING ELEMENT PROGRAM ACTIONS PURSUANT TO STATE LAW (Zone Map Amendment, Zone Text Amendment; Project No. 24-0004926) (Attachment 1).
SUMMARY
The above-entitled Ordinance was introduced at a Joint City Council Meeting with the Housing Authority on December 10, 2024. Council Members Anthony, Mullins, Takahashi, and Vice Mayor Perez were present.
Vote at Introduction:
AYES: Anthony, Mullins, Takahashi, and Perez.
NOES: None.
ABSENT: None.
COMMUNITY
DEVELOPMENT
2 This Ordinance is now presented for adoption.
ENVIRONMENTAL REVIEW
The amendments proposed as part of this Project are consistent with the development density established by the 2021- 2029 Burbank Housing Element and as such, were contemplated and studied in the Program Environmental Impact Report for the 2021-2029 Housing Element (SCH No. 2021020393), certified in September 2022. Pursuant to California Environmental Quality Act (CEQA) Guidelines § 15183(a), no further environmental review is required for this Project (Attachment 6). In addition, all applicants proposing any development on the Sites must demonstrate compliance with all existing protocols for mitigation, monitoring, and reporting as identified in the 2021-2029 Housing Element Program EIR. The purpose of the standards is to provide predictability f or applicants to demonstrate how their proposed project will avoid a significant effect to the environment in accordance with applicable Federal and State laws. These standards cover several environmental topics included in City -adopted Program Environment al Impact Reports (PEIRs), pertaining to cultural resources including historic resources, offer for Native American consultation, archaeological surveys, and monitoring; biological resources including identification of sensitive biological resources, delineation of wetlands, provision of wetland buffers, and avoidance of impacts to environmentally sensitive habitat areas; construction noise reduction measures and onsite noise reduction; paleontological resources including standard protocols and monitoring; and protection of the public health and safety from wildfire risk per State Fire and Building Codes.
FISCAL IMPACT
The proposed Project inclusive of the rezoning of designated housing opportunity Sites will have not have a negative fiscal impact to the City’s General Fund. Future development of any of the S ites will result in new permit and development impact fees in addition to reappraisal of property by the Los Angeles County Assessor, which will result in new property tax revenue to the City.
However, if the Project is not effective by February 15, 2025, the California Department of Housing and Community Development ( HCD) may deem the City out of compliance with State housing law and exposed to enforcement action by the State. If the Council were to delay or decide not to proceed with the recommended Project, there is a high risk of accelerated enforcement by HCD and/or the State Attorney General’s office, which could result in significant fiscal impacts to the City’s General Fund and could make the City ineligible for future State grant funding opportunities.
ATTACHMENT
Attachment 1 – Ordinance