City Council
06.03.2025
Introduction of an Ordinance
Amending the Burbank Municipal Code
by Establishing Conditional Use Permit
& Administrative Use Permit Minor
Modification Processes, Clarifying the
Process to Withdraw Land Use
Entitlement Applications, & Making
Other Related Minor Text Amendments
Project No. 25-0001894
COMMUNITY
DEVELOPMENT
1 PURPOSE
• City received multiple public comments and requests for a minor modification process
• Existing Zoning Code doesn’t have a process
• Establish a streamlined procedure to process minor modifications
• To be used where changes are in substantial
conformance with the original approved project
2 CONDITIONAL USE PERMIT (CUP) PROCESS
• A discretionary review for land uses that require special consideration before being approved
• Requires public notification and a public hearing • Review authority is the Planning Commission or Council, if appealed
• Review authority must make the findings in BMC Section 10-1- 1936 and make environmental determination
3 ADMINISTRATIVE USE PERMIT (AUP) PROCESS
• For land uses that need limited discretion
• Review authority is the Community Development Director or Planning Commission, if appealed
• Requires public notification but no public hearing • Review authority must make the findings in BMC Section 10-1-1956 and make environmental determination
4 MINOR MODIFICATION PURPOSE
• Support businesses and residents by establishing a streamlined process
• Minor process without the need for a full CUP or
AUP review process
• Facilitate businesses and residents being able to make necessary adjustments by reducing administrative
barriers & costs
5 • Modifications to business hours
• Addition of incidental use to an approved use (where the incidental use does not occupy more than 15% of the
existing floor area, or require an entitlement)
• Minor changes to the floor plan, building or site plan • Change in ownership
COMMON MINOR MODIFICATION REQUESTS
6 ELIGIBILITY FOR MINOR MODIFICATION
• Not permitted if violations exist, unless the modification addresses and resolves violations
• Minor Modification request must be in substantial
conformance with the existing CUP or AUP
7 MINOR MODIFICATION PROCEDURE
• Same application, and public notice procedures as required for CUPs and AUPs
• Review authority would be the CDD Director
• Approval requires making the same required findings for the original CUP/AUP
• Appeals in the same manner as AUP appeals
8 CUP/AUP/MINOR MODIFICATION
COMPARISON
• Base fee is established by the amount of staff time needed to process a typical application .
Staff Hours REVIEW TIME BASE FEE
CUP 63 Hours 9-12 Months $9,934.23
AUP 32 Hours 4-6 Months $4,866.77
Minor Modification 13 Hours 2-3 Months $1,800.00
9 ADDITIONAL BMC AMENDMENTS
• Transfer the review authority for minor site plan
revisions from the Planning Commission to the Director • Clarify provisions for all Planning applications
(CUP/AUP/Other) for:
Voluntary application withdrawal
Refunds for withdrawn projects
Expiration of inactive applications
Administrative withdrawal due to inactivity
10 FINDINGS FOR ZTA APPROVAL
• Consistent with the Burbank 2035 General Plan and Zoning Regulations
• Compatible with the objectives, policies, general land uses and programs specified in:
General Plan Land Use Element - Goal 3 - Policy 3.11 General Plan Land Use Element - Goal 6 - Policy 6.4 & 6.5 11 ENVIRONMENTAL ASSESSMENT
The ZTA exempt from CEQA pursuant to:
• CEQA Guidelines Section 15061(b)(3)
• CEQA Guidelines Section 15378
12 RECOMMENDATION
Introduce the Proposed Ordinance which will:
• Establish and streamline the project review and
approval of minor modifications to existing CUPs and
AUPs
• Clarify the process for withdrawing an entitlement
application and requesting refunds of application fees • Address other related minor text amendments
13 QUESTIONS?
PLANNING DIVISION
(818) 238 -5250
Fatima Benitez, Associate Planner (Project Planner)
[email protected]
Amanda Landry, Principal Planner
[email protected]
Greg Mirza -Avakyan, Senior Planner
[email protected]
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