1 STAFF REPORT
DATE: June 24, 2025
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
VIA: Fred Ramirez, Assistant Community Development Director - Planning Amanda Landry, Principal Planner
Greg Mirza-Avakyan, Senior Planner
BY: Fatima Benitez, Associate Planner
SUBJECT: Adoption of an Ordinance Establishing Conditional Use Permit and Administrative Use Permit Minor Modification Processes and Clarification of Application Withdrawal Process; Adoption of a Resolution of the Council of the City of Burbank Amending Article III, Section 1 of the Fiscal Year 2025- 26 Citywide Fee Schedule to Clarify and Add the Fees Related to Minor Modifications of Conditional Use Permits and Administrative Use Permits
RECOMMENDATION
1. Adopt 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) (ATTACHMENT 1).
2. Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE III, SECTION 1 OF THE FISCAL YEAR 2025- 2026 CITYWIDE FEE
SCHEDULE TO CLARIFY AND ADD THE FEES RELATED TO MINOR
MODIFICATIONS OF CONDITIONAL USE PERMITS AND ADMINISTRATIVE USE PERMITS (ATTACHMENT 2).
COMMUNITY
DEVELOPMENT
2 SUMMARY
The above-entitled Ordinance was introduced at a City Council Regular Meeting on June 3, 2025. Council Members Anthony, Mullins, and Rizzotti, Vice Mayor Takahashi, and Mayor Perez were present . The Ordinance will establish a streamlined procedure to process minor modifications of existing C onditional Use Permits (C UPs) and Administrative Use Permits (AUPs) without the need to file a full CUP or AUP application.
This process is intended to be utilized in instances where the proposed changes do not result in a substantial alteration or material deviation from the original operational requirements or conditions of approval of the underlying permit. The streamlining that will result from the allowance of minor modifications to existing permits will f acilitate the necessary adjustments that support the reasonable operation of the previously approved use while maintaining the intent and purpose of the original approval. Additionally, the proposed Ordinance clarifies the process for withdrawing a land use entitlement application and requesting refunds of related application fees.
Vote at Introduction:
AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez.
NOES: None.
ABSENT: None.
This Ordinance is now presented for adoption.
ENVIRONMENTAL REVIEW
The proposed ZTA has been reviewed for compliance with the California Environmental Quality Act (CEQA). Staff recommends that the Council find the ZTA is exempt from review under CEQA (Public Resources Code § 21000 et seq,) pursuant to § 15061(b)(3) of the CEQA Guidelines because the proposed amendment affects 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 § 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the ZTA has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment
.
FISCAL IMPACT
There is no fiscal impact to the City’s General Fund by adopting the proposed Ordinance.
If the proposed Ordinance is adopted, staff has prepared a draft resolution for Council consideration that would amend the City Fee Schedule for Fiscal Year 2025-26 to establish fees for a CUP Minor Modification and AUP Minor Modification (Attachment 2).
The proposed fee was determined based upon the amount of staff time to review similar 3 applications and is lower than a regular CUP or AUP application fee to account for the streamlined processing.
ATTACHMENTS
Attachment 1 – Ordinance
Attachment 2 – AUP Fee Resolution