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 a n Ordinance to Amend the Streamlined Ministerial Review Process for Development Projects Subject to Streamlined Ministerial Review when Required by State Law, Including Government Code Sections 65913.4 (SB 35) and 65912.100 et seq. (AB 2011)
RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK TO AMEND
THE STREAMLINED MINISTERIAL REVIEW AND APPROVAL PROCESS FOR
DEVELOPMENT PROJECTS SUBJECT TO STREAMLINED MINISTERIAL REVIEW
WHEN REQUIRED BY STATE LAW, INCLUDING CALIFORNIA GOVERNMENT CODE SECTIONS 65913.4 (SB 35) AND 65912.100 ET SEQ. (AB 2011) (Zone Text Amendment No. 24-0006015) (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.
This Ordinance is now presented for adoption.
2 ENVIRONMENTAL REVIEW
The proposed Ordinance ha s been reviewed for compliance with the California Environmental Quality Act (CEQA). The proposed updates to Title 10, Chapter 1 of the Burbank Municipal Code (BMC) seek to amend the City’s streamlined ministerial review process for development projects submitted under SB 35 (Government Code § 65913.4), AB 2011 (Government Code §§ 65912.100 et seq.), and any other state law that may require streamlined ministerial review. The proposed Ordinance will not affect the City’s underlying zoning and/or land use designations as they currently exist in the City’s Zoning Ordinance and the Burbank2035 General Plan and will thus not have a significant adverse impact on the environment.
Therefore, the proposed Ordinance has been determined to be exempt from CEQA review pursuant to State CEQA Guidelines, Article 18: Statutory Exemptions, § 15061(b)(3). This section of the CEQA Guidelines establishes a statutory exemption when “The activity is covered by the common sense exemp tion 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 activity is not subject to CEQA.” Additionally, pursuant to California Government Code §§ 65912.114(o) and 65912.124(o), adoption of the Ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (comm encing with § 21000) of the Public Resources Code and therefore, the Ordinance is not a “project” subject to CEQA review.
FISCAL IMPACT
The proposed updates to the BMC will amend the City’s streamlined ministerial review process for development projects submitted under SB 35 (California Government Code § 65913.4), AB 2011 (California Government Code §§ 65912.100 et seq.), and any other state law that may require streamlined ministerial review. The Ordinance propose s updates to an existing process and does not propose any changes to the established cost recovery application fees for development project applications (or notices of intent to submit such applications) subject to streamlined ministerial review. Therefore, the proposed BMC updates will not have an impact on the City’s budget.
ATTACHMENT
Attachment 1 – Ordinance