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ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL CODE BY
ESTABLISHING CONDITIONAL USE PERMIT AND ADMINISTRATIVE USE
PERMIT MINOR MODIFICATION PROCESSES, CLARIFYING THE PROCESS TO
WITHDRAW LAND USE ENTITLEMENT APPLICATIONS, AND MAKING OTHER RELATED MINOR TEXT AMENDMENTS.
(PROJECT NUMBER 25-0001894, ZONE TEXT AMENDMENT)
City Attorney’s Synopsis
This Ordinance amends Burbank Municipal Code, Title 10, Chapter 1 ( Zoning) to establish Conditional Use Permit and Administrative Use Permit Minor Modification Processes, clarify the process to withdraw land use entitlement applications and seek refunds of application fees, and make other related minor text amendments.
THE COUNCIL OF CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:
A. Title 10, Chapter 1, (Zoning) sets forth the regulations for the C onditional Use Permit (“CUP”) and Administrative Use Permit (“AUP”) approval processes, which are intended to safeguard the public health, convenience, safety, and welfare by ensuring that proposed uses comply with applicable zoning regulations, are compatible with surrounding properties, do not negatively impact the neighborhood, and are located on sites that are appropriately sized and designed to support the proposed use.
B. The CUP and AUP procedures are an important facet of an open and transparent government, and by design include multiple steps meant to ensure adequate opportunities for public notification and participation commensurate with the intensity of the land use. However, there is currently no process to address minor changes to an approved AUP or CUP, and applicants must re- apply for a new AUP or CUP to request these minor changes.
C. This Ordinance amends the AUP and CUP procedures in response to the public’s request for a new process to consider minor modifications to approved projects through a streamlined review , when those modifications remain in substantial conformance with the underlying AUP or CUP and have little to no impact on the surrounding neighborhood.
D. The City is invested in ensuring that locally owned businesses have the necessary resources to support local job creation, navigate economic challenges, evolve ATTACHMENT 1 – 2
and grow within a regulatory process that prioritizes economic opportunity and business accessibility while protecting the community.
E. The proposed amendments include an open and transparent modification process that ensures adequate public notification and the opportunity to participate in the process.
F. By adopting a formal modification process for CUPs and AUPs, the City will establish a more efficient review process and provide flexibility for local businesses to request adjustments that do not significantly deviate from the original permit approval and remain in substantial conformance with the original project.
G. In accordance with California Government Code Section 65860, the Ordinance is consistent with the Burbank2035 General Plan and the provisions of Title 10 (Zoning Regulations), Chapter 1 (Zoning) of the Burbank Municipal Code (BMC), and are compatible with the objectives, policies, general land uses and programs specified therein. The Ordinance includes measures to protect and enhance the role of small, locally owned businesses in the C ity, recognizing their value to Burbank’s economy and character. It also supports a vibrant and diverse local economy by helping local businesses maintain a lasting presence in the community and by fostering collaboration with the business community to support long-term retention and growth.
H. On June 3, 2025, the Council at its regular meeting, considered Project No. 25-0001894, a Zone Text Amendment.
I. A courtesy notice of the Project was published in a newspaper of general circulation on May 17, 2025.
J. The City Council exercises its independent judgement and finds that this Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because the amendment s affect administrative procedural requirements only, and it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. No unusual circumstances exist that would preclude the use of this exemption. Furthermore, pursuant to CEQA Guidelines Section 15378, this Ordinance is n ot considered a “project” subject to the requirements of CEQA because the Ordinance has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Findings. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.
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Section 2. Amendment to Burbank Municipal Code (“BMC”) Title 10, Chapter 1 (Zoning). BMC Title 10, Chapter 1 (Zoning) is hereby amended by amending and restating Sections 10-1-1907, 10-1-1944, 10-1-1945, 10-1-1949, 10-1- 1952, and 10-1- 1960, and adding Section 10-1- 1953 as shown on Exhibit A to this Ordinance, attached and incorporated herein.
Section 3. Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall 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 4. Environmental Assessment. This Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because the Ordinance amends administrative procedural requirements only, and it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. No unusual circumstances exist that would preclude the use of this exemption. Furthermore, pursuant to CEQA Guidelines Section 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the Ordinance has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Section 5. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this day of , 2025.
________________________
Nikki Perez
Mayor
Attest: Approved as to Form:
Office of the City Attorney
______________________________ ________________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney
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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 , 2025, 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 its , 2025 adoption.
______________________________
Kimberley Clark, City Clerk
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EXHIBIT A
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Exhibit A
Proposed Amendments and Additions to BMC Title 10, Chapter 1 (Zoning) (Additions are reflected in underline and deletions are reflected in strikethrough).
10-1-1907: FILING FEES , WITHDRAWALS, AND EXPIRATION OF INACTIVE APPLICATIONS :
A. Fees. Every application or filing for any entitlement or request described in this article shall be accompanied by the appropriate fees designated in the Burbank Fee Resolution. No application or filing shall be deemed complete unless such fees have been paid.
B. Withdrawals. Applications may be voluntarily withdrawn by the applicant at any time. A request to withdraw an application must be made in writing in a format approved by the Director. Upon written request, the Director may issue full or partial application fee refunds based on the prorated City costs incurred up through the refund request. In determining the amount of a refund, if any, the Director may consider factors including, but not limited to, the status of the application at the time of withdrawal and amount of work performed by City staff or consultants to date to review and process the application, and whether public notices have been posted, mailed, or otherwise distributed. Recognizing that application fees are utilized to cover City costs including but not limited to, public hearings, mailing, posting, transcripts, staff, and consultant time involved in processing applications, no refunds will be issued after public notices have been mailed or after a project disapproval.
C. Expiration of Inactive Applications. If the applicant provides no response to written requests by the City for information, materials, or fees, or notices of incompleteness issued by the City, or there is otherwise inactivity on an application caused by the applicant for a period of at least 120 consecutive days, the Director may consider the application withdrawn if the Director determines that reasonable progress toward completion of the application has not occurred. The Director shall provide notice of intent to deem an application withdrawn at least 30 days prior to the proposed effective date by first class mail to the last known address of the applicant on record with the Director. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site. No application fee refund will be issued for applications deemed withdrawn under this Subsection.
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10-1-1944: ENVIRONMENTAL IMPACT REPORT:
No Conditional Use Permit or Minor Modification of existing Conditional Use Permit which may have a significant effect on the environment shall be granted pursuant to the provisions of this division until an environmental impact report is prepared, processed and considered in accordance with the provisions of Article 1, Title 9 Chapter 3 of this Code, unless the Conditional Use Permit or Minor Modification of existing Conditional Use Permit is otherwise exempt from the provisions of that article. 10-1-1945: HEARINGS ON PLANNED RESIDENTIAL DEVELOPMENT:
A. ACTION OF PLANNING COMMISSION.
If the application is for a Planned Residential Development, the Planning Commission may recommend approval, approval with conditions, or disapproval of the application by resolution within 30 days after the conclusion of the hearing.
B. RECOMMENDATION OF PLANNING COMMISSION.
The recommendation of the Planning Commission planning commission shall be mailed to the applicant and sent to the City Clerk.
C. CITY CLERK SETS HEARING.
The City Clerk shall set the application for a public hearing as soon as possible after receiving the Planning Commission’s resolution.
10-1-1949: MINOR REVISIONS TO SITE PLAN AFTER HEARING:
The Community Development Director Planning Commission may without further hearing approve minor revisions to a site plan after a Conditional Use Permit or Minor Modification of an existing Conditional Use Permit is granted if the revisions in no way violate the intent, standards or conditions of the permit or the zone in which the property is located. 10-1-1952: REVOCATION:
The Council may, after 20 days’ notice by mail to the record owner of the property and a public hearing, revoke a Conditional Use Permit (including any approved Minor Modifications thereto), on any one (1) or more of the following grounds:
1. That the Conditional Use Permit was obtained by fraud or misrepresentation.
2. That the Conditional Use Permit has been exercised contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation not excused by the Conditional Use Permit.
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3. That the conditional use is being or has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. 10-1-1953: MINOR MODIFICATION OF EXISTING CONDITIONAL USE PERMIT :
A. PURPOSE.
The purpose of this process to approve Minor Modifications of Existing Conditional Use Permits is to establish a streamlined process for making minor changes to the project description, design, operation, or conditions of a previously approved Conditional Use Permit, without requiring a new Conditional Use Permit application. This process is intended to facilitate the continued reasonable use and operation of the approved project, as long as the minor changes remain in substantial conformance with the original approved project.
B. SUBSTANTIAL CONFORMANCE.
For purposes of this Section, “substantial conformance” means that a requested minor modification does not alter the original findings required for approval of the underlying permit, or alter the original project description, design, operation, conditions of approval, or original environmental review determination, in a way that creates a new significant impact on the surrounding neighborhood or environment.
C. APPLICABILITY/ELIGIBILITY .
A Conditional Use Permit is not eligible for a Minor Modification if at the time of the modification request, conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the requested Minor Modification seeks to address and correct those violations.
D. PROCEDURE.
1. Application. The application for a Minor Modification of an existing Conditional Use Permit must be made in the same manner outlined in Section 10-1-1941, except application forms will be prescribed by the Director.
2. Authority. The Director may approve a Minor Modification of an existing Conditional Use Permit upon making the findings listed below in Subsection E Such approval may be subject to additional conditions of approval as may be deemed appropriate, as outlined in Section 10-1-1937.
3. Determination, Public Notice, and Appeal. Upon receipt of an application for a Minor Modification of an existing Conditional Use Permit, the Director will investigate, provide public notice and issue a determination in the same manner as outlined in Section 10-1-1959 for Administrative Use Permits. The Director’s ATTACHMENT 1 – 9
decision on a Minor Modification request may be appealed in the same manner as outlined in Section 10-1-1959 (C) through (D).
E. REQUIRED FINDINGS.
Prior to approving a Minor Modification of an existing Conditional Use Permit, the Director must find that:
1. The proposed minor modification request does not alter the findings of the approved Conditional Use Permit as specified in Sections 10-1-1935 and 10-1-1936, and that such findings can still be affirmatively made.
2. The proposed minor modification does not involve a feature of the project inclusive of the environmental determination and any mitigation measure that was specifically addressed in or was a basis for findings in a categorical or statutory exemption, Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) prepared under the California Environmental Quality Act for the project.
3. The proposed minor modification does not involve a feature of the project that was specifically addressed in or was a basis for conditions of approval for the original Conditional Use Permit (or any subsequent amendments or modifications), unless that feature no longer exists, or the Director otherwise determines the project is still operated in substantial conformance with the original findings for the Conditional Use Permit.
10-1-1959: DETERMINATION ON ADMINISTRATIVE USE PERMIT; NOTICE AND HEARING:
A. DIRECTOR TO INVESTIGATE.
Upon the submission of a complete application for an Administrative Use Permit, the Director shall investigate the application and make a determination within 30 days of such submission.
B. DECISION AND NOTICE.
1. At the conclusion of the 30 day period or at any time prior thereto, the Director shall render a decision in writing to approve, approve with conditions, or disapprove the application. Except for a decision involving a large family day care home, notice of the Director’s proposed decision to approve the application, with or without conditions, shall be mailed to the applicant and to all property owners and occupants within 1000 feet of the property for which the Administrative Use Permit is being sought and to all other parties who request notice. With respect to a proposed decision involving a large family day care, the Director’s proposed decision to approve the application, with or without conditions, ATTACHMENT 1 – 10
shall be mailed to the applicant and to all property owners and occupants within 1000 feet of the property for which the Administrative Use Permit is being sought; however, this notice shall specifically state in bold letters that any appeals are limited to individuals residing or owning property within 100 feet of the property.
Said notice shall advise all parties to whom it is mailed that unless a public hearing is requested within 15 days of the date of mailing, the decision will become final.
2. Additionally, one four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than ten (10) business days prior to the scheduled decision date.
C. APPEAL.
The Director’s decision regarding an Administrative Use Permit application may be appealed pursuant to Section 10-1-1907.2
. Except that in the case of an Administrative Use
Permit for a large family day care home, an appeal may be filed only by the applicant or by property owners or residents within 100 feet of the parcel on which the large family day care home is proposed.
D. DECISION OF PLANNING COMMISSION.
After the public hearing on the permit, the Planning Commission shall approve the issuance of the permit if it finds that all requirements for the issuance of the permit have been met. The decision shall be mailed to the applicant and reported to the Council according to procedures established by the Director and approved by the City Manager. The decision of the Planning Commission shall be final unless appealed to the Council.
E. MINOR REVISIONS TO SITE PLAN AFTER DECISION.
The Community Development Director may approve minor revisions to a site plan after an Administrative Use Permit or Minor Modification of an existing Administrative Use Permit is granted if the revisions in no way violate the intent, standards or conditions of the permit or the zone in which the property is located.
10-1-1960: TERMINATION/REVOCATION /MINOR MODIFICAT ION OF ADMINISTRATIVE USE PERMIT:
A. TERMINATION.
An Administrative Use Permit shall terminate when any one or more of the following occurs:
1. The permit is not used within the time specified in the Administrative Use Permit, or if no date is specified, within 180 days from the granting of the permit; ATTACHMENT 1 – 11
2. The use for which the permit has been acquired has been abandoned for six (6) consecutive months or the owner of the property files a declaration with the Director that the permit has been abandoned or discontinued; or
3. The permit has expired or been revoked.
B. REVOCATION.
The Director may, after 20 days’ notice by mail to the permit holder, revoke an Administrative Use Permit (including any Minor Modifications thereto) on any one (1) or more of the following grounds:
1. The Administrative Use Permit was obtained by fraud;
2. The property subject to the Administrative Use Permit has been utilized contrary to the terms and conditions of approval, or in violation of any statute, ordinance, law or regulation not otherwise allowed pursuant to the Administrative Use Permit; or
3. The property subject to the Administrative Use Permit is being or has been exercised in a manner which is detrimental to the public health, safety and welfare or so as to constitute a nuisance.
The decision of the Director to revoke an Administrative Use Permit can be set for a public hearing and appealed pursuant to the procedures contained in Section 10-1-1959.
C. MINOR MODIFICATION.
1. Purpose: The purpose of this process to approve Minor Modifications of existing Administrative Use Permits is to establish a streamlined process for making minor changes to the project description, design, operation, or conditions of a previously approved Administrative Use Permit, without requiring a new Administrative Use Permit application. This process is intended to facilitate the continued reasonable use and operation of the approved project, as long as the minor changes remain in substantial conformance with the original approved project.
2. Substantial Conformance: For purposes of this Section, “substantial conformance” means that a requested minor modification does not alter the original findings required for approval of the underlying permit, or alter the original project description, design, operation, conditions of approval, or original environmental review determination, in a way that creates a new significant impact on the surrounding neighborhood or environment.
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3. Applicability/Eligibility: An Administrative Use Permit is not eligible for a Minor Modification if at the time of the modification request, conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the requested Minor Modification seeks to address and correct those violations.
4. Procedure:
i. Application. The application for a Minor Modification of an existing Administrative Use Permit must be made in the same manner outlined in Section 10-1-1958.
ii. Authority. The Director may approve a Minor Modification of an existing Administrative Use Permit upon making the findings listed below in Subsection C.5. Such approval may be subject to additional conditions of approval as may be deemed appropriate, as outlined in Section 10-1-1957. iii. Determination, Public Notice, and Appeal. Upon receipt of an application for a Minor Modification of an existing Administrative Use Permit, the Director will investigate, provide public notice and issue a determination in the same manner as outlined in Section 10-1-1959. The Director’s decision on a Minor Modification request may be appealed in the same manner as outlined in Section 10-1-1959 (C) through (D).
5. Required Findings: Prior to approving a Minor Modification of an existing Administrative Use Permit, the Director must find that:
i. The proposed minor modification request does not alter the findings of the approved Administrative Use Permit as specified in Sections 10-1-1955 and 10-1- 1956, and that such findings can still be affirmatively made. ii. The proposed minor modification does not involve a feature of the project inclusive of the environmental determination and any mitigation measure that was specifically addressed in or was a basis for findings in a categorical or statutory exemption, Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) prepared under the California Environmental Quality Act for the project.
iii. The proposed minor modification does not involve a feature of the project that was specifically addressed in or was a basis for conditions of approval for the original Administrative Use Permit (or any subsequent amendments or modifications), unless that feature no longer exists, or the Director otherwise determines the project is still operated in substantial conformance with the original findings for the Administrative Use Permit.