1 MEMORANDUM
DATE: February 25, 2025
TO: Honorable Mayor and City Council Members
FROM: Lisa Kurihara, Senior Assistant City Attorney
SUBJECT: Agenda Item No. N.9. – Introduction of an Ordinance Amending the Burbank Municipal Code to Implement Burbank 2021- 2029 Housing Element Program No. 22 Related to the Update of Project Appeal Procedures
The proposed Ordinance for this matter has been revised to confirm that certain procedural requirements for appeals remain the same as they currently exist under the Burbank Municipal Code (BMC). Specifically, this update removes an unintended deletion in BMC Section 9-3-108 relating to appeals of environmental decisions, and adds Subsection 3 to BMC Sections 10-1- 1907.2(A) and 10-1-1907.3(A) relating to appeals under BMC Title 10. The changes are highlighted in yellow below, and are declaratory of existing processes.
“9-3-108: APPEAL OF ENVIRONMENTAL DECISION:
A. T
ime: A final environmental decision made by a decision making body or person other than the City Council may be appealed to the City Council by filing an appeal within fFifteen (15) days after the decision is made in accordance with the process outlined in Section 10-1- 1907.3., any interested party may appeal the decision to the Planning Commission by completing a Request to Appeal form at the Planning Division.
B. Fee: The applicant shall pay a fee as determined by the Burbank Fee Resolution, as may be amended by Council from time to time. The fee may be waived for proposed projects within the Media District upon approval by a majority of Council members.
C. Determination: The Planning Commission shall hear all appeals of decisions on any environmental issue. The hearing shall be limited to considerations of the environmental or procedural issues raised by the appellant in the written notice of appeal. The original decision shall be presumed correct, and the burden of proof shall be on the appellant to CITY ATTORNEY’S
OFFICE
2 establish otherwise. The Planning Commission City Council may uphold or reverse the environmental decision, or remand the decision back to the Director original decisionmaker for reconsideration if substantial evidence of procedural or significant new environmental issues are presented. The decision of the Board City Council will be final, unless appealed to the City Council.
D. Appeal Of Planning Commission Decision To City Council: Any interested party may, within fifteen (15) days after the decisions of the Planning Commission, appeal the decision to the Council by completing a Request to Appeal form at the Planning Divis ion and paying a fee as determined by the Burbank Fee Resolution as may be amended by Council from time to time. The fee may be waived for proposed projects within the Media District upon approval by a majority of Council members.”
“10-1-1907.2: APPEAL OF DIRECTOR’S DECISION:
A. DECISION PROCEDURE
1. Unless otherwise provided, a A decision that requires the Director to approve, conditionally approve, or deny a project application or element thereof may be appealed to the Planning Commission as provided in this section. A Director’s decision is not final unless and until the specified appeal period passes and no appeal is filed, or all appeals are withdrawn per Subsection (E).
2. If an appeal of a Director’s decision is timely filed, the Planning Commission must hold a de novo hearing to consider and act on the project application and appeal pursuant to the procedures established for each application type. The Planning Commission’s decision will be final and will not be subject to any further appeal.
3. U pon the timely filing of an appeal, the Director will set the appeal for hearing before the Planning Commission within a reasonable time after the date of filing the appeal. Unless otherwise provided in this Code, notice of the time and place of the hearing, including a general description of the location of the property involved, shall be given at least ten (10) business days before the hearing by mailing, through the United States mail, to the project applicant and to each person designated in any appeal to receive such notice, every person filing with the Director a written request for a notice with respect to the project application, and to all property owners and occupants within 1000 feet of the property unless a different distancing radius applies to the original project approval or the appeal .
Additionally, one four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property no less than ten (10) business days prior to the hearing. Notwithstanding the foregoing, if different noticing requirements apply to an appeal as stated elsewhere in this Code, those noticing provisions will supersede the noticing requirements in this subsection.”
“10-1-1907.3: APPEAL OF PLANNING COMMISSION’S DECISION:
A. DECISION PROCEDURE
1. A decision that requires the Planning Commission to approve, conditionally approve, or deny a project application or element thereof, including except when such decision is in response to an appeal of a Director decision, may be appealed 3 to the City Council as provided in this section. A Planning Commission decision is not final unless and until the specified appeal period passes and no appeal is filed, or all appeals are withdrawn per Subsection (E).
2. If an appeal of a Planning Commission decision is timely filed, the City Council must hold a de novo hearing to consider and act on the project application and appeal pursuant to the procedures established for each application type. The City Council’s decision will be final and will not be subject to any further appeal.
3. U pon the timely filing of an appeal, the City Clerk will set the appeal for hearing before the City Council within a reasonable time after the date of filing the appeal. Unless otherwise provided in this Code, notice of the time and place of the hearing, including a general description of the location of the property involved, shall be given at least ten (10) business days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation in the City. Such notice shall also be given by mailing, through the United States mail, to the project applicant and to each person designated in any appeal to receive such notice, every person filing with the Director a written request for a notice with respect to the project application, and to all property owners and occupants within 1000 feet of the property unless a different distancing radius applies to the original project approval or the appeal. Notwithstanding the foregoing, if different noticing requirements apply to an appeal as stated elsewhere in this Code, those noticing provisions will supersede the noticing requirements in this subsection.”
ATTACHMENT
Attachment 1 – Updated Ordinance