Attachment 4 – Excerpts of Existing CUP & AUP BMC Sections 10-1-1934 & 10-1-1954
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BURBANK MUNICIPAL CODE
TITLE 10. ZONING REGULATIONS
CHAPTER 1. ZONING
ARTICLE 19. ZONING PROCEDURES AND AMENDMENTS
DIVISION 1. GENERAL PROVISIONS
10-1-1907: FILING 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. [Formerly numbered Section 31- 215; Renumbered by Ord. No. 3058, eff. 2/21/87; 2930.]
DIVISION 4. CONDITIONAL USE PERMIT
10-1-1934: PURPOSE:
The Conditional Use Permit is intended for land use which requires special consideration before allowed in a particular zone because of the following reasons: size of the area needed for development of the use; unusual traffic, noise, vibration, smoke or other problems incidental to the use; special location requirements not related to zoning; or to the effect the use may have on property values, health, safety and welfare in the neighborhood or community. The Conditional Use Permit will assure that the degree of compatibility, made one of the purposes of this chapter, shall be maintained with respect to the particular use on the particular site giving consideration to the other existing and potential uses within the general area in which such use is located or proposed to be located. [Formerly numbered Section 31-241; Renumbered by Ord. No. 3058, eff. 2/21/87.] 10-1-1935: AUTHORITY TO GRANT CONDITIONAL USE PERMIT:
The Planning Commission or Council, as hereinafter provided, may grant a Conditional Use Permit on such terms and conditions as may be in harmony with the general intent and purposes of this chapter if it is shown that the granting of such permit would be consistent with the purposes of this chapter and the General Plan and would serve the public health, convenience, safety and welfare. [Formerly numbered Section 31-242; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord.
No. 22-3,983, eff. 12/16/22.]
10-1-1936: REQUIREMENTS FOR CONDITIONAL USE PERMIT:
The Planning Commission or Council in granting a Conditional Use Permit must find that:
1. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by this chapter .
2. The use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.
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3. The use will be compatible with other uses on the same lot, and in the general area in which the use is proposed to be located.
4. The site for the proposed use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls, fences, landscaping and other features required to adjust the use to the existing or future uses permitted in the neighborhood.
5. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
6. The conditions imposed are necessary to protect the public health, convenience, safety and welfare. [Formerly numbered Section 31-243; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2604, 2370, 2221.] 10-1-1937: CONDITIONS:
Conditions imposed by the Planning Commission or Council may include:
Regulation of use.
Special yards, spaces and buffers.
Fences and walls.
Surfacing of parking areas subject to City specifications.
Street, service road or alley dedications and improvements or appropriate bonds.
Regulation of points of vehicular ingress and egress.
Regulation of signs.
Landscaping and landscape maintenance.
Other maintenance of the grounds.
Regulation of noise, vibration, odors, etc.
Regulation of time for certain activities.
Time period within which the proposed use shall be developed.
Duration of use.
Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes of this chapter. [Formerly numbered Section 31-244; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]
10-1-1938:
[Added by Ord. No. 2768; Formerly numbered Section 31-244.1; Deleted by Ord. No. 3557, eff. 10/28/00; 3457, 3058, 2859.]
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10-1-1939 AND 1940: SECTION NUMBER RESERVED:
[This section repealed by Ord. No. 3259, eff. 8/10/91.] 10-1-1941: APPLICATION FOR CONDITIONAL USE PERMIT:
Applications for a Conditional Use Permit shall be made as follows:
1. On forms prescribed by the Planning Commission and furnished by the City Planner.
2. Signed by the owner of the property or their duly authorized agent and sworn to by declaration or before a notary public.
3. Filed with the City Planner.
4. Submitted with a site plan and elevation of the proposed development or use. [Formerly numbered Section 31-245; Renumbered by Ord. No. 3058; amended by Ord. No. 22-3,983, eff. 12/16/22; 3190, 2941, 2930, 2820, 2616, 2193.]
10-1-1942: CITY PLANNER SETS A HEARING AND GIVES NOTICE:
The City Planner shall set the application for a public hearing by the Planning Commission and give notice of the hearing as follows:
1. The hearing shall be held as soon as possible after the filing of the application.
2. Notice of the hearing shall be in such form as may be prescribed by the Planning Commission and shall contain the time and place of the hearing and the location and proposed use of the property for which the Conditional Use Permit is requested.
3. Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.
4. Notice shall also be mailed, postage prepaid, at least ten (10) business days before the hearing to owners of property and occupants within a radius of 1000 feet of the exterior boundaries of the property for which the Conditional Use Permit is requested.
5. 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 hearing. [Formerly numbered Section 31-246; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 15-3,868, 13-3,844, 3587, 3020, 2941, 2595, 2193.]
10-1-1943: CITY PLANNER INVESTIGATES AND REPORTS:
The City Planner shall investigate the application and report to the Planning Commission at the time of the hearing. Their report shall include proposed findings and a recommendation including conditions, if any. [Formerly numbered Section 31-247; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2941, 2930, 2193.] 10-1-1944: ENVIRONMENTAL IMPACT REPORT:
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No 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 is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; Formerly numbered Section 31-247.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]
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 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. [Formerly numbered Section 31-248; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2961.] 10-1-1946: HEARINGS ON OTHER CONDITIONAL USES:
A. ACTION OF PLANNING COMMISSION.
If the application is for a conditional use other than a Planned Residential Development, the Planning Commission may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing.
B. DECISION OF PLANNING COMMISSION.
The decision, including the findings of the Planning Commission, shall be mailed to the applicant and reported to the Council according to procedures established by the City Planner and approved by the City Manager. The decision of the Planning Commission shall be final unless appealed or set for a hearing by the Council.
C. APPEAL.
The Planning Commission’s decision regarding a Conditional Use Permit application for a conditional use other than a Planned Residential Development may be appealed pursuant to Section 10-1-1907.3
. [Formerly numbered Section 31-249; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3701, 3587, 2961.] 10-1-1947: CITY CLERK GIVES NOTICE OF HEARING:
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When the Council sets a Conditional Use Permit application for a public hearing the City Clerk shall give notice of the hearing as follows:
1. Notice of the hearing shall be in such form as may be prescribed by the Council and shall contain the time and place of the hearing and the location and proposed use of the property for which the conditional use is requested.
2. Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.
3. Notice shall also be mailed, postage prepaid, at least ten (10) business days before the hearing to owners of property and occupants within a radius of 1000 feet of the exterior boundaries of the property for which the Conditional Use Permit is requested. [Formerly numbered Section 31-250; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 13-3,844, eff. 11/22/13; 3587, 3020.]
10-1-1948: ACTION OF COUNCIL AFTER HEARING:
The Council may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing. The resolution shall contain the Council’s findings and shall require the affirmative votes of at least three (3) Council members if the Planning Commission’s recommendation or decision is modified or reversed. The City Clerk shall mail a copy of the resolution to the applicant. [Formerly numbered Section 31-251; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2370.] 10-1-1949: MINOR REVISIONS TO SITE PLAN AFTER HEARING:
The Planning Commission may without further hearing approve minor revisions to a site plan after a 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. [Formerly numbered Section 31-252; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.] 10-1-1950: REAPPLICATION:
A. No person shall apply for a similar Conditional Use Permit on the same land within one (1) year from the date the previous application was denied unless:
1. The denial was without prejudice;
2. The Planning Commission waives the one (1) year waiting period by the affirmative vote of not less than three (3) of its members; or
3. In case the application was heard by the Council the Council also waives the one (1) year waiting period by the affirmative vote of not less than three (3) of its members.
B. Notwithstanding the provisions of Section 10-1-1941 of this division, no fee shall be required
upon reapplication for a Conditional Use Permit hereunder if denial of the previous application was without prejudice or if the decision-making body which denied such previous application waives the waiting period, and, for good cause shown by the applicant upon reapplication, also waives the ATTACHMENT 4 - 6
payment of such fee. [Formerly numbered Section 31-253; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2774.] 10-1-1951: TERMINATION OF CONDITIONAL USE PERMIT:
A Conditional Use Permit shall terminate when any one (1) or more of the following occur:
1. The permit is not used within the time specified in the Conditional Use Permit as granted or extended, or if no date is specified within 180 days from the granting of the permit.
2. The permit has been abandoned or discontinued for six (6) consecutive months or the owner of the property files a declaration with the City Planner that the Conditional Use Permit has been abandoned or discontinued.
3. The permit has expired.
4. The permit is revoked as provided in Section 10-1-1952 of this division. [Formerly numbered Section 31-254; Renumbered by Ord. No. 3058, eff. 2/21/87; 2941, 2930, 2193.] 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 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.
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. [Formerly numbered Section 31-255; Renumbered by Ord. No. 3058, eff. 2/21/87.]
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DIVISION 4.1. ADMINISTRATIVE USE PERMITS
10-1-1954: INTENT AND PURPOSE:
It is the intent of the City of Burbank to create an Administrative Use Permit (AUP) process for those land use situations where there is a need to exercise limited discretion under certain designated types of circumstances. The purpose of an Administrative Use Permit is to allow the Community Development Director to exercise this limited discretion and control in those land use situations where the type of permitted use is generally less intrusive and out of character with the surrounding neighborhood than are those uses for which a Conditional Use Permit is required. [Added by Ord.
No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.20; Renumbered by Ord. No. 3058.] 10-1-1955: AUTHORITY TO GRANT ADMINISTRATIVE USE PERMIT:
The Community Development Director or their designee, as hereinafter provided, may grant an Administrative Use Permit on terms and conditions that are harmonious with the general intent and purposes of this chapter so long as it is shown that the granting of such permit will be consistent with the purposes of this chapter and the General Plan and will serve the public health, convenience, safety and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.21; Renumbered by Ord. No. 3058.]
10-1-1956: REQUIREMENTS FOR ADMINISTRATIVE USE PERMIT:
Except as otherwise specified in this Code, in granting an Administrative Use Permit, the Director shall find that:
1. The use applied for at the location set forth in the application is properly one for which an Administrative Use Permit is authorized by this Code;
2. The use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;
3. The use will be compatible with other uses in the general area in which the use is proposed to be located;
4. The site for the proposed use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls, fences, landscaping and other features required to adjust the use to the existing or future use is permitted in the neighborhood;
5. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use; and
6. The conditions imposed are necessary to protect the public health, safety, convenience and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.22; Renumbered by Ord. No. 3058.]
10-1-1957: CONDITIONS:
Except as otherwise provided in this Code, the Director may impose the same conditions on an Administrative Use Permit as are allowed to be imposed on a full Conditional Use Permit pursuant to BMC Section 10-1-1937
. Any condition imposed will be necessary to protect the public health, ATTACHMENT 4 - 8
convenience, safety and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.23; Renumbered by Ord. No. 3058.]
10-1-1958: APPLICATION FOR ADMINISTRATIVE USE PERMIT:
Applications for an Administrative Use Permit shall be made as follows:
1. On forms prescribed by the Director;
2. Signed by the owner of the property or their duly authorized agent and sworn to by declaration or before notary public.
3. Filed with the Director;
4. Submitted with a site plan as defined in Division II of this article; and
5. Any other information and/or documentation which the Director deems necessary to their determination.
An application shall not be deemed to be filed until such time as all necessary information has been provided to the Director. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.24; Renumbered by Ord. No. 3058.]
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, 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.
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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. [Added by Ord. No. 3139, eff. 1/28/89; formerly numbered Section 31-255.25; amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983, 15-3,868, 13-3,844, 3701, 3587, 3457, 3058.] 10-1-1960: TERMINATION/REVOCATION 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;
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 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 . [Added by Ord. No. 3139,
eff. 1/28/89; Formerly numbered Section 31-255.26; Renumbered by Ord. No. 3058.]