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
Project No. 24 -0001518
City Council
February 25, 2025
COMMUNITY
DEVELOPMENT
1 Why Are We Here?
• On September 27, 2022, the City Council adopted the
Burbank 2021 -2029 Housing Element
• Housing Element contains a “Housing Plan” with 27
implementation programs
• Housing Plan Program 22: “Updated Project Appeal
Procedures”
• Update appeal procedures for Planning projects
• Update appeal forms to require specific criteria
• Revise standard language on public notices and
agenda documents
2 Housing Plan Program 22
• Existing Appeal Procedures
• Any person may file appeal within 15 days of a decision by the Director or Planning Commission
• A decision by the Director can be appealed to the Planning Commission before a second appeal may be filed to the City Council • BMC does not establish any grounds for appeal
• Update Strategy
• Appeal process for housing projects conclude at Planning Commission
• Update the appeal form to require appellants to clearly identify basis of appeal
• Update public notices and agendas to limit issues raised at appeal hearing to those listed in the appeal form
3 Existing Appeal Procedures
Initial Review
Director
Appeal #1
Planning
Commission
Appeal #2
City Council
Not Further
Appealable
Initial Review
Planning
Commission
Appeal #1
City Council
Not Further
Appealable
Initial Review
City Council
Not Further
Appealable
4 Amendment 1 – Appeal Review Authority
Initial Review
Director
Appeal #1
Planning
Commission
Appeal #2
City Council
Not Further
Appealable
Initial Review
Planning
Commission
Appeal #1
City Council
Not Further
Appealable
Initial Review
City Council
Not Further
Appealable
5 Additional BMC Amendments
1. Update Appeal Procedures in BMC § 10-1-1907.2 to conclude at the Planning Commission
2. Modify the permissibility of “Multifamily Residential with Nonresidential use” from a CUP to an AUP
3. Consolidate and standardize the appeal procedures in the Zoning Regulations
4. Clarify that appeal procedures apply to discretionary Development Review decisions and disapprovals of ministerial Development Review
5. Amend the notice and appeal process of environmental decisions in Title 9, Chapter 3 to be consistent with CEQA
6. Implement AB 2904 requirement for 20-day notice of Planning Commission meetings
6 • Planning Commission considered the proposed
ZTA and Ordinance on January 13, 2025
• Approved 3-0 to recommend that the City Council
approve the proposed ZTA and Ordinance
Planning Commission Recommendation
7 • The proposed Zone Text Amendment is compatible
with the objectives, policies, general land uses and programs specified in the Burbank 2035 General Plan
and BMC.
• ZTA is consistent with Goals 2 and 4 of the Housing
Element
Findings for Approval of a Zone Text Amendment
8 • Project is consistent with 2021 -2029 Housing
Element EIR and No further CEQA review required
• Further, the “Common -sense exemption” applies
• Additionally, CEQA § 15378 applies – not a CEQA
Project
Environmental Assessment
9 The Proposed Ordinance will:
• Implement Program No. 22 of the Housing Element
• Streamline the project review and approval process of housing projects
• Consolidate the appeal procedures, clarify
appealability of ministerial Development Review
projects and CEQA determination, and implement AB
2904
• Inform administrative updates to appeal application
forms, public notices, and agendas
Conclusion
10 Recommendation
Introduce AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BURBANK AMENDING TITLE 9, CHAPTER 3
(ENVIRONMENTAL PROTECTION) AND TITLE 10,
CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL
CODE TO IMPLEMENT BURBANK 2021-2029 HOUSING
ELEMENT PROGRAM NO. 22 RELATED TO THE
UPDATE OF PROJECT APPEAL PROCEDURES, AND
MAKING OTHER RELATED AMENDMENTS (PROJECT
NUMBER 24-0001518, ZONE TEXT AMENDMENT AND
CODE TEXT AMENDMENT)
11 Questions ?
PLANNING DIVISION
(818) 238-5250
Bobby Keatinge, Associate Planner (Project Planner)
rkeatinge@burbankca .gov
Amanda Landry, Principal Planner
[email protected]
Greg Mirza -Avakyan, Senior Planner
[email protected]