BURBANK CITY COUNCIL
JOINT MEETING WITH THE HOUSING AUTHORITY
TUESDAY, DECEMBER 9, 2025
4:00 p.m. – Closed Session
5:00 p.m. – Study Session
6:00 p.m. – Open Session
Council Chamber
275 E. Olive Avenue, Second Floor
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that a Joint City Council Meeting will be held in the Council Chamber – 275 East Olive Avenue, Second Floor, on Tuesday, December 9, 2025, at 4:00 p.m., to discuss matters on the attached agenda.
Members of the public have the option to participate in the meeting via in-person and/or telephonically for Closed Session, General Public Comment, Public Hearings, and Study Sessions. They may also submit their written comments regarding City business using the eComment feature on the City website, or by emailing the City Council directly at
[email protected]
.
Auxiliary aids and services are available for individuals with speech, vision, or hearing impairments (48- hour notice is required). For more information, please contact the ADA Coordinator at (818) 238-5051.
Interpretation Requests
:
If you would like to participate in Public Comments and require an interpreter, please telephone the City Clerk's Office at (818) 238-5851 at least 48 hours in advance of the meeting.
Si desea participar en los comentarios públicos y necesita un intérprete, por favor llame a la Oficina de la Secretaria Municipal al (818) 238-5851 al menos 48 horas antes de la reunión.
How to View the Meeting
:
Local Cable: Spectrum Channel 6 or AT&T Uverse Channel 99.
YouTube Live Streaming Channel:
Click here
.
City Website Live Streaming:
Click here
.
Public Comment Options
:
1 .
To speak during Closed Session Public Comment, General Public Comment, Public Hearing Public Comment, and Study Session Public Comment periods during the meeting, members of the public may speak in-person in the Council Chamber or call (818) 238-3335
. Speaker time limits will
be determined by the Presiding Officer, depending on how many public comment cards are received and how many callers are in the queue at the commencement of each public comment period (as shown below).
Additional public comment cards and calls will not be accepted once the public comment period commences.
1 – 20 Total Speakers – 3 minutes each
21 – 39 Total Speakers – 2 minutes each
40+ Total Speakers – 1 minute each
2 .
The Reports to Council Public Comment periods are only accepted in person – public comment cards must be submitted before the public comment period begins for each report to Council.
Burbank City Council Meeting Agenda
December
9, 2025
1 A.
Public Comment
: (On Closed Session and Study Session items only) To Comment, please telephone into the meeting at (818) 238-3335, or to speak in person a YELLOW
Public Comment
Card must be completed and presented to the City Clerk prior to the comment period.
B.
Closed Session in City Hall First Floor Conference Room :
Speaker time limits will be determined by the Presiding Officer depending on how many public comment cards have been received at the commencement of each public comment period (as shown below).
Additional public comment cards will not be accepted once the public comment period commences.
1 – 20 Total Speakers – 3 minutes each
21 – 39 Total Speakers – 2 minutes each
40+ Total Speakers – 1 minute each
3 .
eComment will remain open until 3:00 p.m. the day of the meeting. 4 .
Email the City Council directly
[email protected]
Emails received on or before 3:00 p.m. on City Council Meeting Day will be distributed to the City Council in advance of the meeting. Any correspondence received after this time will be distributed the following business day.
5 .
The Presiding Officer has the discretion to reduce speaking time for each speaker in order to ensure that City business can be completed at a reasonable hour.
Public Disclosure
:
Please be advised that any communication submitted to the City of Burbank, its officials, staff or City consultants, may be considered a public record under the Brown Act and California Public Records Act.
This means that any information contained in the communication, including personal information, may be subject to public disclosure. The City reserves the right to disclose such information in accordance with the law.
This agenda contains a summary of each item of business which the City Council and Housing Authority may discuss or act on at this meeting. The agenda packet consisting of the staff reports and all other documentation relating to each item on this agenda will be posted on the City's website at www.burbankca.gov
. Any writings or documents provided to the City Council regarding any item on this agenda subsequent to distribution of the agenda packet will be posted on the City's website at www.burbankca.gov
. If you have a question about any matter on the agenda, please call the Office of the City Clerk at (818) 238-5851. The Council Chamber is disabled accessible. Auxiliary aids and services are available for individuals with speech, vision, or hearing impairments (48-hour notice is required).
Please contact the ADA Coordinator at (818) 238-5051 with questions or concerns.
1. Conference with Legal Counsel – Anticipated Litigation a
.
Significant exposure to litigation pursuant to Govt. Code §§ 54956.9(d)(2), (e)(2) City as Potential Defendant
b
.
Number of potential case(s): 1; Dalar Khachaturyans-Aghani (Claimant) Personal Injury - Auto Accident
2. Conference with Legal Counsel - Existing Litigation
a
.
Pursuant to Govt. Code §54956.9(d)(1)
b
.
Case Name Unspecified: Unspecified employment matter, the disclosure of which would jeopardize existing settlement negotiations.
3. Conference with Real Property Negotiator
a
.
Pursuant to Govt. Code §54956.8
b
.
Property: 110 W. Olive, Burbank, CA 91502 APNs: 2451-007-014, 2451-007-020, 2451-007- Burbank City Council Meeting Agenda
December
9, 2025
2 C.
Study Session
: 5:00 p.m. – 6:00 p.m. – Council Chamber:
1. Update on Wayfinding Kiosk Pilot Program – City Manager's Office D.
Call to Order: 6:00 p.m.
E.
Moment of Reflection
:
F.
Flag Salute
:
G.
Roll Call
:
H.
Announcements
:
(The Mayor will make announcements on various topics in addition to any listed) I.
Council Presentations/Recognitions
: (The Mayor will make presentations to various
groups/persons)
1. Presentation of a Certificate of Recognition to the Magnolia Park Merchants Association for Their Outstanding Contribution to Holiday in the Park – City Council J.
City Manager Report
:
(Updates on Notable Events, if any)
K.
Presentations
:
L.
Reporting on Closed Session
:
(The City Attorney will report the Closed Session items and report out actions taken)
M.
Joint General Public Comment
:
(On any matter concerning City business and/or any agenda items.) To Comment, please telephone into the meeting at (818) 238-3335 or to speak in person, a YELLOW
Public Comment Card must be completed and presented to the City Clerk prior to the comment period.)
N.
Council, City Manager, and/or City Attorney Comment
:
(Responses to General Public
Comment, if any, shall be brief and in accordance with the Ralph M. Brown Act) O.
Consent Calendar
:
(Items on the Consent Calendar are generally routine matters and should be adopted by one motion without an oral report)
1. City Council Minutes – City Clerk's Office
026
c
.
Parties Whom Agency or City is Negotiating with: BCH Enterprises, 110 LLC, a California Limited Liability, 110 W. Olive, Burbank, CA; Brett Warner, Lee & Associates - 15250 Ventura Blvd., Suite 100, Sherman Oaks, CA
d
.
City Negotiator: Simone McFarland, Assistant Community Development Director - Business & Economic Development
e
.
Terms Under Negotiation: Potential real estate purchase.
Recommendation
:
Approve the City Council Minutes of the Special Meeting of November 6, 2025; the Regular Meeting of November 25, 2025; and the Dark Meeting of December 2, 2025.
Attachments
:
Special Meeting Minutes
Council Meeting Minutes
Dark Meeting Minutes
Burbank City Council Meeting Agenda
December
9, 2025
3 2.
Housing Authority Minutes – City Clerk's Office
3. Adoption of a Resolution Amending the Fiscal Year 2025-26 Adopted Budget to Accept and Appropriate $83,663 in Funding for the Administration of the Foster Youth to Independence Initiative – Community Development Department
(with Housing Authority)
4. Approval of the Housing Successor Annual Report for Fiscal Year 2024-2025 – Community Development Department
(with Housing Authority)
5. Approval of an Amendment to the 2009 Promissory Note with the Burbank Housing Corporation for the Keeler Elliott Habitat Project: 1902 Keeler Street, Burbank, California – Community Development Department
(with Housing Authority)
Recommendation
:
Approve the Housing Authority Minutes of the Joint Meeting of September 30, 2025.
Attachments
:
Housing Authority Minutes
Recommendation
:
Adopt A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR (FY) 2025-26 ADOPTED BUDGET TO ACCEPT AND APPROPRIATE $83,663 IN FUNDING FOR THE ADMINISTRATION OF THE FOSTER YOUTH TO INDEPENDENCE INITIATIVE.
Attachments
:
SR - Funding for FYI
Att1 - Housing Authority Resolution
Att2 - MOU with LA County
Att3 - Funding Notice
Recommendation
:
Approve the Fiscal Year (FY) 2024-2025 Housing Successor Annual Report.
Attachments
:
SR - Housing Successor Annual Report
Att1 - FY 2024-25 Annual Report
Recommendation
:
Approve an amendment to the terms of a 2009 Promissory Note with the Burbank Housing Corporation for the Keeler Elliott Habitat Project, located at 1902 Keeler Street, Burbank, California, and determine the project to be exempt under the California Environmental Quality Act (CEQA).
Attachments
:
SR - Keeler Elliot Habitat Project
Att1 - Acquisition Loan 06.26.09
Att2 - Amended Acquisition Loan
Burbank City Council Meeting Agenda
December
9, 2025
4 6.
Adoption of a Resolution Approving and Authorizing the General Manager of Burbank Water and Power to Enter into Electrical Services Agreements with Residential, Commercial, and Industrial Customers to Assist with Service Requirements, System Upgrades, Cost Reimbursement, and Other Conditions Related to the Provision of Electric Service – Burbank Water and Power Department
P.
Public Hearing
:
1. Introduction of an Ordinance Amending the Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to Establish School–Trade/Vocational as a New Use Along With Related Regulations, Allow the Use in M-1 (Limited Industrial) and M-2 (General Industrial) Zones, and Clarify the Permissibility of the Use in Other Non-Residential Zones – Community Development Department
Q.
Reports to Council
:
(Items listed under this section will have an oral report provided)
Recommendation
:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK TO AUTHORIZE
THE GENERAL MANAGER OF BURBANK WATER AND POWER TO ENTER INTO ELECTRICAL SERVICES AGREEMENTS WITH CUSTOMERS.
Attachments
:
SR - Electrical Services Agreement
Att1 - Resolution
Att2 - Electrical Services Agreement
Recommendation
:
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL CODE TO ESTABLISH SCHOOL–TRADE/VOCATIONAL AS A NEW USE ALONG WITH RELATED REGULATIONS, ALLOW THE USE IN M-1 (LIMITED INDUSTRIAL) AND M-2 (GENERAL INDUSTRIAL)
ZONES, AND CLARIFY THE PERMISSIBILITY OF THE USE IN OTHER NON-RESIDENTIAL ZONES. (PROJECT NO. 25-0004932, ZONE TEXT AMENDMENT).
*** If Additional Documents/Correspondences are submitted for this item, they will be periodically posted to the City website for public viewing.*** Public Hearing Public Comment
:
To comment, please telephone into the meeting at (818)
238-3335. To speak in person, a
SALMON
Public Comment Card must be completed and
presented to the City Clerk prior to the comment period.
Council Action
:
Attachments
:
SR - Trade-Vocational School ZTA
Att1 - Proposed Ordinance
Att2 - Redlined Ordinance
Att3 - Economic Development Strategic Plan
Att4 - Summary of Proposed Amendments
Att5 - Planning Commission SR
Correspondences
Burbank City Council Meeting Agenda
December
9, 2025
5 1.
Introduction of an Ordinance Establishing Article 10 Use of Gas-Powered Leaf Blowers Prohibited in Chapter 1 Health, Title 4 Health and Sanitation of the Burbank Municipal Code and Amending Section 214 Restrictions on Leaf Blower Operation in Chapter 3, Title 9 of the Burbank Municipal Code – Community Development Department
2. Introduction of an Ordinance Establishing Title 7, Chapter 3, Article 11 and Amending Section 1002, Title 10, Chapter 1, Article 10 of the Burbank Municipal Code to Allow the Implementation of Wayfinding Kiosks in the Public Right of Way – City Manager's Office R.
Council Comments
:
(Including reporting on Council committee assignments, attendance at conferences, regional meetings, and community events)
S.
Introduction of Additional Agenda Items
:
(Council Members may request future agenda items)
T.
Adjournment
: In Memory of Sal Moreno, Longtime Community Activist and World War II Veteran,
Recommendation
:
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 10 USE OF GAS-POWERED LEAF BLOWERS PROHIBITED IN CHAPTER 1 HEALTH, TITLE 4 HEALTH AND SANITATION OF THE BURBANK MUNICIPAL CODE AND AMENDING SECTION 214 RESTRICTIONS ON LEAF BLOWER OPERATION IN CHAPTER 3, TITLE 9 OF THE BURBANK MUNICIPAL CODE.
Public Comment
:
To speak in person, a
YELLOW
Public Comment Card must be completed
and presented to the City Clerk prior to the comment period.
Council Action
:
Attachments
:
SR - Gas-Powered Leaf Blowers Ban
Att1 - Proposed Ordinance
Att2 - SR dated July 29, 2025
Att3 - List of Incentive, Rebate, and Buy-Back Programs Att4 - SR Dated September 10, 2024
Recommendation
:
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 11, WAYFINDING KIOSKS, IN CHAPTER 3, TITLE 7 OF THE BURBANK MUNICIPAL CODE, AMENDING SECTION 1002 SIGNS AND ADVERTISING STRUCTURE REGULATIONS, OF ARTICLE 10, CHAPTER 1, TITLE 10 OF THE BURBANK MUNICIPAL
CODE, AND FINDING OF A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15301(C) (CLASS 1), 15303 (CLASS 3), 15304 (CLASS 4), and 15305 (CLASS 5).
Public Comment
:
To speak in person, a
YELLOW
Public Comment Card must be completed
and presented to the City Clerk prior to the comment period.
Council Action
:
Attachments
:
SR - Implementation of Wayfinding Kiosks
Att1 - Proposed Ordinance
Att2 - Notice of Exemption
Att3 - Environmental Assessment
Burbank City Council Meeting Agenda
December
9, 2025
6 to Monday, December 15, 2025, for a City Council Reorganization Meeting at 10:00 a.m. in the Council Chamber – 275 East Olive Avenue, Second Floor.
Burbank City Council Meeting Agenda
December
9, 2025
7 1
CITY OF BURBANK
CITY COUNCIL SPECIAL MEETING MINUTES
THURSDAY, NOVEMBER 6, 2025
Call to Order:
A
Special Meeting of the City Council of the City of Burbank was held in the Los Angeles Marriott Burbank Airport Convention Center, 2500 N. Hollywood Way, on the above date. The meeting was called to order at 11:15 a.m. by Mayor Perez.
Roll Call:
Present: Council Member(s) Anthony, Mullins, Rizzotti, Vice Mayor Takahashi, and Mayor Perez
Absent: None
Also Present: City Manager Hess, City Attorney McDougall, and City Clerk Clark General Public Comment:
Appearing to comment were: Cynthia Pease, Jim Lane, and Jessica Dolbear.
State of the City Address (Ballroom)
The State of the City Address was held in the Los Angeles Marriott Burbank Airport Convention Center, 2500 N. Hollywood Way. Mayor Perez made remarks.
Adjournment:
There being no further business to come before the City Council, the meeting was adjourned at 1:30 p.m. to Tuesday, November 18, 2025, for a Regular Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.
__________________________
Kimberley Clark
City Clerk
__________________________
Nikki Perez
Mayor
APPROVED DATE:
Consent Calendar
Item #1
8 1
CITY OF BURBANK
CITY COUNCIL REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 25, 2025
Call to Order:
A Regular Meeting of the City Council of the City of Burbank was held in the Council Chamber, 275 East Olive Avenue, on the above date. The meeting was called to order at 6:06 p.m. by Mayor Perez.
Moment of Reflection:
Mayor Perez held a Moment of Reflection to begin the meeting with positive and collective support for our beloved community and a Moment of Silence for Burbank Police Department K-9 Spike.
Flag Salute:
The Pledge of Allegiance was led by Mayor Perez.
Roll Call:
Present: Council Member(s) Anthony, Mullins, Rizzotti, Vice Mayor Takahashi, and Mayor Perez
Absent: None
Also Present: City Manager Hess, City Attorney McDougall, and City Clerk Clark Memorial Adjournment:
Mayor Perez announced tonight’s Council will adjourn in memory of Nat Rubinfeld, former Landlord-Tenant Commissioner, Police Commissioner, and longtime community activist.
Mayor Perez indicated there would be four (4) periods of Public Comment at this evening’s meeting and those who wish to participate in the General Public Comment period may call in at (818) 238-3335. The Reports to Council Public Comment periods will only be taken in person.
Announcements:
Mayor Perez displayed a PowerPoint presentation announcing the following: (1) 50% Off Adoption Fees; (2) Heritage Commission Vacancy; (3) OurBurbank Holiday Decorating Contest; (4) Lil Squirt's Fire Safety Challenge; and (5) Mayor's Tree Lighting.
Council Presentations/Recognitions:
1. Presentation of a Proclamation Declaring November 25 – December 10, 2025, as “16 Days of Activism Against Gender-Based Violence and International Human Rights Days” in the City of Burbank
Mayor Perez presented a proclamation declaring November 25 – December 10, 2025 “16 Days of Activism Against Gender-Based Violence and International Human Rights Days” in the City of Burbank and introduced Gloria Salas and Lynn Lipinski, Zonta Club, who made remarks.
9 2
2. Presentation of a Proclamation Declaring November 1-30, 2025, as “Native American Heritage Month” in the City of Burbank
Mayor Perez presented a proclamation declaring Declaring November 1 - 30, 2025 as “Native American Heritage Month” in the City of Burbank and introduced Rudy Ortega, Tribal President of the Fernandeño Tataviam Band of Mission Indians, who made remarks.
City Manager Report:
City Manager Hess introduced Eric Lashley, Library Services Director, who provided an update on the new Library/Civic Center project, and Rafael Quintero, Burbank Chief of Police, who provided an update on the officer-involved shooting incident that resulted in the loss of K-9 Spike.
General Public Comment:
Appearing to comment were: Jeff Ferguson, Mark Scroggs, Diana Pulver, Jo Pimienta, Terri Freedman, and Eric Hawk.
Calling in to comment was: Mercedes Cooper and Kristy Maloof.
Council, City Manager, and/or City Attorney Comment:
Council Members and Staff responded to Public Comment.
Consent Calendar:
It was moved by Council Member Mullins, seconded by Council Member Anthony, to approve the Consent Calendar. The motion carried 5-0 with the following roll call vote:
AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez. NOES: None.
1. City Council Minutes
Approve the City Council Minutes of the Regular Meeting of November 18, 2025.
2. Adoption of Resolutions Approving the Establishment of the Salary and Conflict of Interest Code Designation for the Classifications of Cultural Affairs Supervisor and Urban Forester; and Adoption of a Resolution Approving the Citywide Salary Schedule
RESOLUTION NO. 25-29,670
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
APPROVING THE ESTABLISHMENT OF THE SALARY AND CONFLICT OF
INTEREST CODE DESIGNATION FOR THE CLASSIFICATION OF CULTURAL AFFAIRS SUPERVISOR.
RESOLUTION NO. 25-29,671
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
APPROVING THE ESTABLISHMENT OF THE SALARY AND CONFLICT OF
INTEREST CODE DESIGNATION FOR THE CLASSIFICATION OF URBAN FORESTER.
10 3
RESOLUTION NO. 25-29,672
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE CITYWIDE SALARY SCHEDULE.
Reports to Council:
1. Appointment to Fill One Vacancy on the Sustainable Burbank Commission for an Unexpired Term
Kimberley Clark, City Clerk, presented the report and responded to City Council inquiries.
Public Comment:
Appearing to comment were: Cameron Edinburgh, Corey Mensing, and Terri Freedman.
Council Action:
It was unanimously approved by Council consensus to appoint Terri Freedman to the Sustainable Burbank Commission to fill an unexpired term ending July 31, 2027.
2. Appointment to Fill One Vacancy on the Art in Public Places Committee for an Unexpired Term
Kimberley Clark, City Clerk, presented the report and responded to City Council inquiries.
Public Comment:
Appearing to comment were: Pam Pile and Douglas Carlson.
Council Action:
It was unanimously approved by Council consensus to appoint Jeff Ferguson to the Art in Public Places Committee to fill an unexpired term ending July 31, 2028.
3. Appointment to Fill One Vacancy on the Infrastructure Oversight Board for an Unexpired Term
Kimberley Clark, City Clerk, presented the report and responded to City Council inquiries.
Public Comment:
Appearing to comment was: Lori Stearns.
Council Action:
It was unanimously approved by Council consensus to appoint Lori Stearns to the Infrastructure Oversight Board to fill an unexpired term ending July 31, 2027. 11 4
Council Comments:
Council Members reported out on Council committee assignments and attendance at conferences, regional meetings, and community events.
Introduction of Additional Agenda Items
Council Members did not request any additional agenda items.
Adjournment:
There being no further business to come before the City Council, the meeting was adjourned at 7:57 p.m. in memory of Nat Rubinfeld, former Landlord-Tenant Commissioner, Police Commissioner, and longtime community activist, to Tuesday, December 9, 2025, for a Joint Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.
__________________________
Kimberley Clark
City Clerk
__________________________
Nikki Perez
Mayor
APPROVED DATE:
12 CITY COUNCIL REGULAR MEETING MINUTES
DARK MEETING
TUESDAY, DECEMBER 2, 2025
A Regular Meeting of the Council of the City of Burbank was not held on the above date.
________________________________
Kimberley Clark
City Clerk
______________________________
Nikki Perez
Mayor
APPROVED DATE:
13 1
HOUSING AUTHORITY MINUTES
A JOINT MEETING WITH THE CITY COUNCIL
TUESDAY, SEPTEMBER 30, 2025
Call to Order:
A Joint Meeting of the Housing Authority and the City Council of the City of Burbank was held in the Council Chamber, 275 East Olive Avenue, on the above date. The meeting was called to order at 6:09 p.m. by Chair Perez.
Moment of Reflection:
Chair Perez held a Moment of Reflection to begin the meeting with positive and collective support for our beloved community.
Flag Salute:
The Pledge of Allegiance was led by Chair Perez.
Roll Call:
Present: Commissioner(s) Anthony, Mullins, Rizzotti, Vice Chair Takahashi, and Chair Perez
Absent: None
Also Present: Executive Director Hess, Chief Senior City Attorney Vander Borght, and Clerk Clark
Closed Session, Announcements, Council Presentations/Recognitions, City Manager Report, Reporting on Closed Session, Reports to Council, Council Comments, and Introduction of Additional Agenda Items were City Council items only and can be found in the City Council Meeting Minutes.
Joint General Public Comment:
Appearing to comment were: Ron Bax, Monica Moye, Mark Scroggs, Eric Hawk, Andrés Garcia, Susan O'Carroll, Elizabeth Bax, Diana Pulver, Daniel, Jo Pimienta, Jackie Waltman, Harry Timuryan, and David Donahue.
Calling in to comment were: Earle LeMasters, Anonymous, Graham Matthews, and Laura Ioanou.
Council, City Manager, and/or City Attorney Comment:
Commissioners and Staff responded to Public Comment.
Consent Calendar:
It was moved by Commissioner Anthony, seconded by Commissioner Mullins, and carried 5-0 by roll call vote to approve the Consent Calendar. The motion carried 5-0 with the following roll call vote: AYES: Anthony, Mullins, Rizzotti, Takahashi, and Perez.
NOES: None.
Consent Calendar Item Nos. 1 and 4-11 were City Council items only and can be found in the City Council minutes.
Consent Calendar
Item #2
14 2
2. Housing Authority Minutes
Approve the Housing Authority Minutes of the Joint Meeting of September 9, 2025.
3. Adoption of a Resolution Approving the Fiscal Year 2025-2026 Homeless Incentive Program Interagency Agreement between the Los Angeles County Development Authority and the Housing Authority of the City of Burbank (BHA), Awarding the BHA $99,888 for Fiscal Year 2025-26; and Authorize the City Manager or His Designee to Execute the Agreement and Any Future Amendments
RESOLUTION NO. H-25-274
Adopt A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BURBANK APPROVING THE FISCAL YEAR 2025-26 HOMELESS INCENTIVE
PROGRAM (HIP) INTERAGENCY AGREEMENT BETWEEN THE LOS
ANGELES COUNTY DEVELOPMENT AUTHORITY (LACDA) AND THE
HOUSING AUTHORITY OF THE CITY OF BURBANK (BHA), AWARDING THE BHA $99,888 FOR FISCAL YEAR 2025-26; AND AUTHORIZE THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT AND ANY FUTURE AMENDMENTS.
Adjournment:
There being no further business to come before the Housing Authority, the meeting was adjourned at 9:30 p.m. to Tuesday, October 14, 2025 for a Joint Meeting in the Council Chamber – 275 East Olive Avenue, Second Floor.
__________________________
Kimberley Clark
Clerk
__________________________
Nikki Perez
Chair
APPROVED DATE:
15 1
______________________________________________________________________ DATE: December 9, 2025
TO: Justin Hess, Executive Director
FROM: Patrick Prescott, Assistant Executive Director/Community Development Director
VIA: Maribel Leyland, Assistant Community Development Director Odet Ayvazyan, Housing Development Manager
BY: Alejandro Mendoza, Housing Assistant
SUBJECT: Adoption of a Resolution Amending the Fiscal Year 2025- 26 Adopted Budget to Accept and Appropriate $83,663 in Funding for the Administration of the Foster Youth to Independence Initiative
______________________________________________________________________
RECOMMENDATION
Adopt A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BURBANK AMENDING THE FISCAL YEAR (FY) 2025 -26 ADOPTED BUDGET TO ACCEPT AND APPROPRIATE $83,663 IN FUNDING FOR THE ADMINISTRATION OF THE FOSTER YOUTH TO INDEPENDENCE INITIATIVE (Attachment 1).
BACKGROUND
The Burbank Housing Authority (BHA) administers the Section 8 Rental Assistance Program (Program), which is funded by the Federal Department of Housing and Urban Development (HUD) for the purpose of providing rent subsidies to extremely low-income and very low-income tenants. The Program is critical to communities across the nation as it assists the most needy and vulnerable households in the community with lower incomes who are at risk of becoming homeless. The Program takes existing units in the private market and makes them affordable, furthering the City Council goal of providing affordable housing in the community.
In 2019, HUD established the Foster Youth to Independence (FYI) initiative , which provides vital support to youth transitioning out of foster care, helping those who are homeless or at risk of homelessness. Through a partnership between Public Housing Authorities (PHAs) and Public Child Welfare Agencies (PCWAs), the FYI initiative offers Consent Calendar
Item #3
16 2
career counseling, and educational guidance, including access to workforce development programs and the Family Self -Sufficiency (FSS) program, which can extend assistance for up to 24-months.
BURBANK FYI ADMINISTRATIVE AUTHORITY AND FUNDING
In April 2025, as part of the FYI program requirement with HUD, the Burbank Housing Authority approved the updated Section 8 Administrative Plan that outlines the administration of the FYI program . The BHA has since executed an MOU with the Department of Child and Family Services (DCFS) and received five referrals for eligible youth from DCFS . In September 2025, HUD awarded the BHA funding for five FYI vouchers.
The FYI voucher funding is provided through a separate and specific allocation from HUD, distinct from the Housing Choice Voucher (HCV) , and Emergency Housing Voucher (EHV) programs. The BHA’s current FYI allocation was awarded from funds appropriated under the Consolidated Appropriations Act (2023) and therefore is not impacted by the recent federal government shutdown. Additionally, under the FY 2026 proposed Transportation, Housing and Urban Development (T -HUD) appropriations bills, $30 million has been allocated for the continuation of the FYI initiative in both the House and Senate draft versions. The current federal administration has also identified ongoing FYI funding as a budgetary priority, reaffirming HUD’s commitment to maintaining program stability and supporting youth transitioning out of foster care.
Staff is requesting the Housing Authority accept funding and approve a budget appropriation of the rental assistance and administrative fees that are allocated to these special needs vouchers in order to expend the funds.
DISCUSSION
HUD is investing in local, cross -system collaborative efforts to prevent and end homelessness among youth with a current or prior history of child welfare involvement.
To meet program goals, the BHA must work closely with DCFS and local service providers to implement the FYI program as outlined in a Memorandum of Understanding (MOU) (Attachment 2). The MOU outlines the roles and responsibilities of the BHA and DCFS and was executed by July 25, 2025.
After receiving referrals for five eligible youth from DCFS, the BHA submitted a funding application to HUD on August 13, 2025. The BHA was awarded five FYI vouchers on September 23, 2025. The notice of award and summary of funds for the first year of the FYI program are included as Attachment 3 . HUD has provided $79,913 for housing assistance payments (HAP) for households, a nd $3, 750 in a dministrative fees to implement the Program.
foster care. In addition to housing support, youth are provided with life skills training, rental assistance for up to 36 months to eligible youth aged 18 to 24 with a history in 17 3
S
taff will return to the Housing Authority in early 202 6 during the BHA Annual Report presentation with additional information on the status of the FYI program . It is expected that staff will have additional information to report at that time on vouchers issued and units leased.
ENVIRONMENTAL REVIEW
Amending the FY 2025-26 Adopted Budget to appropriate $83,663 in funding for the administration of the Foster Youth to Independence Initiative does not have the potential to cause a significant effect on the environment and does not qualify as a “project” under the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
Staff is requesting that the Housing Authority amend the FY 2025-26 Adopted Budget by accepting funding for the FYI Initiative from HUD and appropriating the following:
1. $79,
913 from revenue account 117.CD000.48010.1043.000000.00000 (Section 8 Voucher Program, Community Development General, Other Intergovernmental Revenue, HUD Section 8) to expenditure account
117.CD26A.62950.0000.000000.00000 (Section 8 Voucher Program, Community Development Housing, Housing Assistance Payments).
2. $3,750 from revenue account 117.CD000.48010.1048.000000.00000 (Section 8 Voucher Program, Community Development General, Other Intergovernmental Revenue, HUD Section 8 Admin) to expenditure account
117.CD26A.62950.1000.000000.00000 (Section 8 Voucher Program, Housing, Housing Assistance Payments. Admin Fees).
T
otal HUD appropriations are $83,663 for housing assistance payments and administrative fees for the FYI initiative.
CONCLUSION
Staff recommends the Housing Authority approve the resolution amending the FY 2025- 26 Adopted Budget to accept and appropriate $83,663 in funding for the administration of the FYI Initiative.
ATTACHMENTS
Attachment 1 – Housing Authority Resolution
Attachment 2 – Memorandum of Understanding with the Department of Child and Family Services
Attachment 3 – Funding Notice Dated September 23, 2025
18 1
ATTACHMENT 1 – 1
HOUSING AUTHORITY
OF THE
CITY OF BURBANK, CALIFORNIA
RESOLUTION NO. H-____________
A RESOLUTION OF THE HOUSING AUTHORITY OF THE
CITY OF BURBANK AMENDING THE FISCAL YEAR (FY)
2025-26 ADOPTED BUDGET TO ACCEPT AND
APPROPRIATE $83,663 IN FUNDING FOR THE
ADMINISTRATION OF THE FOSTER YOUTH TO
INDEPENDENCE INITIATIVE
THE HOUSING AUTHORITY OF THE CITY OF BURBANK RESOLVES:
1. The Public Housing Agency 5 Year Plan for Fiscal Year (FY) 2025-30 was approved by the Housing Authority on April 8, 2025. That 5-Year Plan has not changed.
2. The Housing Authority Section 8 Program Administrative Plan was amended by the Housing Authority on April 8, 2025. That Section 8 Program Administrative Plan was revised to include information on special use vouchers, including policies for the administration of the Foster Youth to Independence (FYI) Initiative.
3. The Burbank Housing Authority Assistant Director shall maintain a current version of the Administrative Plan.
4. The FY 2025-26 Adopted Budget is amended by accepting and appropriating a total of $83,663 ($79,913 for FYI Rental Assistance Payments from revenue account 117.CD000.48010.1043.000000.00000 (Section 8 Voucher Program, Community Development General, Other Intergovernmental Revenue, HUD Section 8) to expenditure account 117.CD26A.62950.0000.000000.00000 (Section 8 Voucher Program, Community Development Housing, Housing Assistance Payments) and $3,750 for FYI Administrative Fees from revenue account
117.CD000.48010.1048.000000.00000 (Section 8 Voucher Program, Community Development General, Other Intergovernmental Revenue, HUD Section 8 Admin) to expenditure account 117.CD26A.62950.1000.000000.00000 (Section 8 Voucher Program, Housing, Housing Assistance Payments. Admin Fees).
5. The Financial Services Director, or their designee is authorized to make any revisions, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the appropriations specified in this resolution.
19 2
ATTACHMENT 1 – 2
PASSED and ADOPTED this ____ day of December 2025.
__________________________
Nikki Perez
Chairperson of the Housing
Authority of the City of Burbank
Approved as to Form:
Attest: Office of the City Attorney
___________________________ By: _______________________ Kimberley Clark, Clerk Sei-Hee Park
Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, Clerk of the Housing Authority of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Housing Authority of the City of Burbank at its regular meeting held on December ___, 2025, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, Clerk
20 ATTACHMENT 2 - 1
21 ATTACHMENT 2 - 2
22 ATTACHMENT 2 - 3
23 ATTACHMENT 2 - 4
24 ATTACHMENT 2 - 5
25 ATTACHMENT 2 - 6
26 ATTACHMENT 2 - 7
27 ATTACHMENT 2 - 8
28 ATTACHMENT 2 - 9
29 ATTACHMENT 2 - 10
30 ATTACHMENT 2 - 11
31 CITY OF BURBANK HOUSING AUTHORITY
141 N. GLENOAKS BLVD
BURBANK, CA 91502-1502
CA105
Dear Executive Director:
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Financial Management Center
2380 McGee Street, Suite 400
Kansas City, MO 64108-2605
OFFICE OF PUBLIC AND INDIAN HOUSING
September 23, 2025
SUBJECT: Obligations of Assistance Foster Youth Initiative Foster Youth Initiative
This letter is to notify you that funds have been obligated to provide Foster Youth to Independence (FYI) Vouchers to assist eligible youth identified in the request for assistance submitted to HUD under the requirements of Notice PIH 2023-04. The budget authority, number of vouchers, and effective date of award are detailed in the enclosed ACC amendment.
In relation to regular HCV funding, all special purpose voucher disbursements are determined using form 50058 entered in IMS/PIC. It is important to ensure timely reporting by the 19th of each month as this information is picked up in eVMS prior to the final monthly disbursement calculation.
These FYI Vouchers do not “sunset” like the FYI Tenant Protection Vouchers (TPV) awarded under Notice 2019-20. Public housing agencies (PHAs) should continue to use FYI Vouchers awarded under Notice PIH 2023-04 (as well as FYI vouchers awarded previously under Notice PIH 2020-28/2021-26) for eligible youth upon turnover. If another eligible youth is not available and the PHA does not anticipate future eligible applicants, the PHA must provide notification to [email protected] and the PHA’s respective Financial Management Center (FMC) Financial Analyst. HUD will reduce the PHA’s HCV baseline to account for the return of FYI assistance. Individual participants are eligible for the full 36 months of assistance plus any extension of assistance (up to 24 additional months) in accordance with the Fostering Stable Housing Opportunities (FSHO) amendments in receiving assistance with the FYI voucher.
PHAs must record these vouchers using special program code “FYI” in line 2n of the Family Report (form HUD-50058)/the Moving to Work (MTW) Expansion Family Report (form HUD-50058 MTW Expansion) or line 2p of the MTW Family Report (form HUD-50058 MTW), as applicable. PHAs should also be responding to the homeless at the admission field (line 4c) of the form as well.
www.hud.gov
ATTACHMENT 3 - 1
32 2
Housing agencies receiving an increment in excess of $100,000 in Annual Budget Authority are required to submit Form HUD-50071, Certification of Payments to Influence Federal Transactions, and, if applicable, Form SF-LLL, Disclosure of Lobbying Activities. If this letter notifies you of a renewal in excess of $100,000 and your agency has not submitted the HUD-50071 (and SF-LLL where applicable) with a budget or budget revision for your current FY which includes the ABA for that renewal increment, the document(s) must be submitted to your Financial Analyst within 30 days of the date of this letter. These forms can be found on the Internet at the following addresses:
Enclosed is your executed copy of the notice to amend the Consolidated Annual Contributions Contract (CACC) with revised funding exhibits reflecting the changes described above. The amendment notice and revised funding exhibits should be filed with your most recent executed CACC.
Form HUD-50071
https://www.hud.gov/sites/dfiles/OCHCO/documents/50071.pdf Form SF-LLL
https://www.hud.gov/sites/dfiles/CPD/documents/SFLLL_2_0-V2-0.pdf If you have any questions, please contact your Financial Analyst.
Sincerely,
Enclosures
Nebyu Tilahun
Division Director
PHAs must report the leasing and expense information for these vouchers in the VMS, Form HUD-52681B. The “Family Youth to Independence – HAP and Leasing” fields or “MTW- Foster Youth to Independence HAP Expenses after the First of the Month,” as appropriate.
When administering FYI, your agency must follow all Housing Choice Voucher (HCV) program requirements including the regulations at Title 24 Code of Federal Regulations part 982, the requirements in PIH Notice 2023-04, and all relevant statutes, regulations, and Department issued guidance. Additional information regarding the FYI can be found at:
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/fyi.
ATTACHMENT 3 - 2
33 U. S. Department of Housing and Urban Development
Office of Public and Indian Housing
Section 8
Increment Number Table
Housing Choice Voucher Program
Budget
Authority
Assigned
Increment
Number
Effective Date TermProgram
Funding
No. of Units
CA105VO0238 9/1/2025$79,913 12VO 5
CA105AF0167 9/1/2025$3,750 1AF N/A
(The terms of the funding, including the approximate amount of the monthly payment, are reflected in the table above)
ATTACHMENT 3 - 3
34 Consolidated
Annual Contributions Contract
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Housing Choice Voucher Program Section 8
HUD NOTICE TO HOUSING AGENCY AMENDING
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT
Housing Agency:
In accordance with Paragraph 2.c. of the Consolidated Annual Contributions Contract between HUD and the HA, you are notified that the funding exhibits of the Consolidated Annual Contributions Contract is hereby revised to add a new funding increment as provided in the attached revised funding exhibit. (This notice adds one or more funding increments listed on the attached funding exhibit.)
The revised funding exhibit is attached to this HUD notice. This revised funding exhibit replaces and revises the prior funding exhibit.
In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this HUD notice and the attached funding exhibit constitutes an amendme nt to the Consolidated Annual Contributions Contract.
United States of America Secretary of Housing and Urban Development Date of Document:
Authorized Representative
Robert H. Boepple, Director
Financial Management Center
Form HUD-52520A (12/97)
CA105
CITY OF BURBANK HOUSING AUTHORITY
9/23/2025
ATTACHMENT 3 - 4
35 ACC NUMBER: CA105
FIELD OFFICE: 9DPH
CITY OF BURBANK HOUSING AUTHORITY
141 N. GLENOAKS BLVD
06/30HA FISCAL YEAR-END: PROGRAM TYPE:
CA105
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PIH SECTION 8 - FUNDING EXHIBIT
PROGRAM-BASED
BURBANK, CA 91502
HAP-Voucher Program
UNITS
BUDGET
AUTHORITY
CONTRACT
TERM
FIRST DAY OF
TERM
LAST DAY OF
TERM
FUNDING
INCREMENT NUMBER
CA105AF0150 6/1/2023 9/30/2023 4 407,080 N/A
CA105AF0152 9/1/2023 9/30/2023 1 38,368 N/A
CA105AFRF23 9/1/2023 9/30/2023 1 34,103 N/A
CA105VO0204 10/1/2022 9/30/2023 12 179,728 13
CA105VO0212 6/1/2023 9/30/2023 4 3,303,647 1014
CA105AF0151 10/1/2023 10/31/2023 1 101,770 N/A
CA105VO0213 10/1/2023 10/31/2023 1 825,912 1027
CA105AF0153 11/1/2023 12/31/2023 2 222,724 N/A
CA105VO0207 1/1/2023 12/31/2023 12 1 10
CA105VO0208 1/1/2023 12/31/2023 12 1 5
CA105VO0214 11/1/2023 12/31/2023 2 1,775,883 1027
CA105AF0154 1/1/2024 1/31/2024 1 105,501 N/A
CA105VO0216 1/1/2024 1/31/2024 1 968,773 1027
CA105AF0155 2/1/2024 2/29/2024 1 105,501 N/A
CA105AFR323 2/1/2024 2/29/2024 1 5,002 N/A
CA105VO0217 2/1/2024 2/29/2024 1 968,773 1027
CA105AF0156 3/1/2024 3/31/2024 1 105,501 N/A
CA105VO0220 3/1/2024 3/31/2024 1 972,476 1027
CA105VO0221 4/1/2024 4/30/2024 1 1,067,826 1027
CA105AF0157 4/1/2024 5/31/2024 2 210,484 N/A
CA105VO0222 5/1/2024 5/31/2024 1 994,462 1027
CA105VOPR23 5/1/2024 5/31/2024 1 2,242 N/A
CA105AFR124 7/1/2024 7/31/2024 1 34,635 N/A
CA105AFR423 7/1/2024 7/31/2024 1 18,614 N/A
CA105AF0159 8/1/2024 8/31/2024 1 4,789 N/A
CA105VO0223 6/1/2024 8/31/2024 3 3,295,576 1027
CA105VO0225 9/1/2024 9/30/2024 1 1,033,486 1027
CA105AF0158 6/1/2024 10/31/2024 5 535,595 N/A
CA105VO0226 10/1/2024 10/31/2024 1 1,033,486 1027
ATTACHMENT 3 - 5
36
UNITS
BUDGET
AUTHORITY
CONTRACT
TERM
FIRST DAY OF
TERM
LAST DAY OF
TERM
FUNDING
INCREMENT NUMBER
CA105VO0227 10/1/2024 10/31/2024 1 7,976 N/A
CA105AF0160 11/1/2024 11/30/2024 1 114,889 N/A
CA105AFR224 11/1/2024 11/30/2024 1 42,565 N/A
CA105VO0228 11/1/2024 11/30/2024 1 1,025,510 1027
CA105VO0230 11/1/2024 11/30/2024 1 151,991 N/A
CA105AF0161 12/1/2024 12/31/2024 1 114,889 N/A
CA105VO0218 1/1/2024 12/31/2024 12 1 10
CA105VO0219 1/1/2024 12/31/2024 12 1 5
CA105VO0229 12/1/2024 12/31/2024 1 1,033,486 1027
CA105VO0234 12/1/2024 12/31/2024 1 462,180 N/A
CA105AF0162 1/1/2025 2/28/2025 2 236,294 N/A
CA105AFR324 2/1/2025 2/28/2025 1 39,647 N/A
CA105VO0231 1/1/2025 2/28/2025 2 2,339,972 1027
CA105AF0163 3/1/2025 4/30/2025 2 236,294 N/A
CA105VO0232 3/1/2025 4/30/2025 2 2,374,237 1027
CA105AF0164 5/1/2025 5/31/2025 1 116,849 N/A
CA105AFR424 5/1/2025 5/31/2025 1 32,339 N/A
CA105VO0235 5/1/2025 5/31/2025 1 1,176,211 1027
CA105AFR125 8/1/2025 8/31/2025 1 11,526 N/A
CA105AFRU24 8/1/2025 8/31/2025 1 12,045 N/A
CA105AF0166 9/1/2025 9/30/2025 1 71,943 N/A
CA105AF0167 9/1/2025 9/30/2025 1 3,750 N/A
CA105VO0236 6/1/2025 9/30/2025 4 4,578,676 1027
CA105VO0237 9/1/2025 9/30/2025 1 101,673 N/A
CA105AF0165 6/1/2025 10/31/2025 5 589,195 N/A
CA105VO0239 10/1/2025 10/31/2025 1 1,129,342 1027
CA105VO0233 1/1/2025 12/31/2025 12 1 15
CA105VO0238 9/1/2025 8/31/2026 12 79,913 5
ATTACHMENT 3 - 6
37 1
______________________________________________________________________ DATE: D
ecember 9, 2025
TO: Just
in Hess, Executive Director
FRO
M: Patrick Prescott, Assistant Executive Director/Community Development Director
BY: Maribel Leyland, Assistant Community Development Director SUBJE
CT: Approval of the Housing Successor Annual Report for Fiscal Year 2024- 2025
______________________________________________________________________
RECOMMENDATION
Approve the Fiscal Year (FY) 2024-2025 Housing Successor Annual Report (Attachment 1).
BACKGROUND
The Burbank Housing Authority (BHA) must submit an Annual Report in accordance with redevelopment unwind law (based on the California Assembly Bill dissolving redevelopment agencies known as the Dissolution Act, passed in 2011) , and more specifically Health and Safety Code Section 34176.1(f).1 This report provides information to the governing body on the housing assets and activities of the BHA, specifically for the use of the Low- and Moderate-Income Housing Asset Fund (Low Mod Fund) for FY 2024- 2025.
DISCUSSION
The Annual Report is based on housing activities for the fiscal year and information related to the Low Mod Fund. In addition to the Annual Report, an independent financial audit of the Low Mod Fund will be submitted to the governing body within six months of the end of the fiscal year, and will be included in the independent financial audit of the City of Burbank (the host jurisdiction). 2 Finally, Annual Reports are posted on the City’s website as required ( https://www.burbankca.gov/web/community- development/housing/burbank-housing-authority).
1 On January 31, 2012, the City Council and Housing Authority of the City of Burbank (BHA) adopted resolutions designating the BHA as the entity to retain without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the former Redevelopment Agency.
2 The Annual Comprehensive Financial Report is scheduled to be presented to the City Council on December 16, 2025, and posted on-line thereafter.
Consent Calendar
Item #4
38 2
AFFORDABLE HOUSING DEVELOPMENT
During the reporting period of July 1, 202 4 to June 30, 2025, the Burbank Housing Corporation worked on entitlements for the construction of an apartment style multi-family residential building with 60 units on existing properties they own at 2321, 2325, 2331, and 2335 N. Fairview Street. The environmental review phase is complete, and entitlements are expected to be completed in early 2026. Community Development H ousing staff (staff) has received a financing proposal for the utilization of Low Mod Funds , and the proposed project is expected to be presented to Council in early 2026 for financing consideration. Furthermore, staff has continued to meet with affordable housing developers with the goal of utilizing Low Mod funds to create additional affordable housing units for extremely-low, very-low, and lower-Income households.
LOW MOD FUND REPORTING REQUIREMENTS
The required Annual R eport (Attachment 1) contains 13 sections to provide information to the governing body on the housing assets and activities related to the Low Mod Fund for the prior fiscal year and includes the following information:
1. Am
ounts received in City/Agency debt reimbursement payments
2. Amounts deposited into the Low Mod Fund
3. Ending balance of the Low Mod Fund
4. Description of expenditures from the Low Mod Fund
5. Value of assets owned by the BHA
6. Description of transfers
7. Project descriptions
8. Status of affordable housing development activities
9. Description of outstanding obligations
10. Description of expenditures by income type
11. Number of senior units produced
12. Amount of excess surplus (described further below)
13. Information on home ownership units
Excess su
rplus (#12 above) is defined as the unencumbered Low Mod funds that exceed the greater of $1,000,000 or the total deposits in the Low Mod Fund during the preceding four years. If there is an excess surplus balance, the Housing Successor must:
1) En
cumber the funds for a project or transfer that amount to another jurisdiction within three years; or
2) Transfer that amount to the California Department of Housing and Community Development (HCD) to use pursuant to the Multifamily Housing Program or the Joe Serna Jr. Farmworker Housing Grant Program within 90 days of the end of the three-year period.
39 3
In addition to reporting the amount of any excess surplus, the law requires a s uccessor agency to note how long the agency has had excess surplus, and the housing successor’s plan for eliminating the excess surplus. There is a reportable excess surplus beginning in FY 202 2-2023 in the amount of $2,893,760.32. The amount was reduced to $1,863,967.63 with expenditures in FY 2023 -2024. With additional revenues to the fund during the reporting year, t he excess surplus amount for FY 2023- 2024 was $3,965,350.69. The current excess surplus for the reporting year FY 2024- 2025, is $5,193,912.35.
This is the third year of excess surplus for the amount originally reported in FY 20 22- 2023, therefore the remaining funds must be encumbered by June 30, 2026 as required by HCD. A s previously mentioned, the housing successor’s plan for eliminating the excess surplus is the proposed development proposal submitted by the Burbank Housing Corporation (BHC). The proposed project will be presented to Council and the BHA Board for consideration in early 2026 for utilization of available Low Mod f unds. The BHC proposal could utilize approximately $5.5M of available funds (a request that exceeds the excess surplus for the current year) to be determined once review is complete. If approved by Council and the BHA Board, financing to the project would eliminate the current excess surplus by encumbering the funds for the project . Staff will continue to seek affordable housing opportunities with other developers by leveraging other funding sources with Low Mod funds such as the Burbank -Glendale-Pasadena Regional Housing Trust funds to finance additional affordable housing units to meet the three-year expenditure requirement for excess surplus in the law.
MONITORING OF AFFORDABLE HOUSING UNITS AND P ROGRAMS
Once Low Mod funds and other restricted housing funds (including federal HOME funds) are approved to fund affordable housing projects and programs , and units have been leased to eligible households, staff conducts annual monitoring of the units to ensure the units remain affordable in the long-term. In addition, staff monitors outstanding loans and grants, and the repayment of funds (if any) as program income to the Low Mod Fund as outlined in approved agreements . F inally, staff manages several Council approved housing programs (funded via various local and state resources) to ensure a diverse mix of housing opportunities in the community including:
• A rapid rehousing program to provide short -term rental assistance for homeless households and households at risk of homelessness;
• Lifting People Up financial planning and case management program that is now available city-wide; and
40 4
• P rograms to assist homeless households including the navigation center at the SAFE.3
AFFORDABLE HOUSING VOUCHER PROGRAMS
Another critical component to affordable housing in the community is the voucher programs administered by Housing staff including:
• Section 8 Housing Choice Vouchers (HCV) program that assists extremely- and very-low income households . Currently 803 of the 1 ,027 vouchers are utilized based on available funding. This includes an additional 13 vouchers allocated to the BHA in October 2022.
• Veterans Affairs Supportive Housing (VASH) vouchers to assist homeless veterans. Staff applied for and received 15 VASH voucher s, and will continue to seek additional vouchers to serve the City’s homeless veteran population. Five VASH vouchers are available as of the writing of this report, and staff is working with the Veteran’s Affairs office as required by HUD for referrals. • Permanent Supportive Housing (PSH) voucher s that assist veteran and other homeless households in the community . The BHA has an allocation of 20 PSH vouchers allocated, and all are currently utilized.
• In July 2021, the BHA received 67 Emergency Housing Voucher s (EHV). EHVs are available for homeless, at-risk of homelessness, those fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking or human trafficking, and recently homeless households as determined by HUD. A ll 67 vouchers were issued and units leased. There are 51 EHV voucher holders currently being served. HUD has announced that funding for EHVs will not be renewed, and staff is working with remaining EHV voucher holders to transition in the coming year.
• In August 2025, the BHA applied for and was awarded five Foster Youth to Independence (FYI) Vouchers to support youth transitioning out of foster care. The FYI initiative offers rental assistance for up to 36 months to eligible youth aged 18 to 24. Staff has received the funds from HUD, along with applicant referrals, and vouchers are expected to be issued in early 2026.
The future of federal funding for voucher programs is uncertain, with proposed FY 2026 budgets in both the House and Senate suggesting either flat funding or cuts to housing voucher programs. Some special use voucher programs will not be renewed (Emergency Housing Vouchers), while HUD assures there will be funding for others; the Foster Youth to Independence vouchers the Council/Board approved earlier this year . With this uncertainty, staff continues to work closely with existing voucher program participants to
3 The SAFE is a self -storage program where homeless community members can safely store personal items and receive case management and referrals to housing resources.
41 5
ensure clear communication should there be a need to assist households with transitions.
ENVIRONMENTAL REVIEW
This report has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and falls outside the definition of a “project” under the California Environmental Quality Act (CEQA), and is therefore not subject to CE QA pursuant to Section 15378 of Title 14 of the California Code of Regulations. This report is informational only with submittal of an Annual Report for the BHA as required by HCD.
FISCAL IMPACT
There is no fiscal impact associated with the approval of the Annual Report.
CONCLUSION
California Health and Safety Code Section 34176.1(f) requires housing successor agencies to prepare Annual Reports providing specific information on housing assets and activities. S taff continue s to seek opportunities to utilize Low Mod Funds to create additional housing units and fund programs to assist lower income, homeless, and those households at risk of homelessness. During the reporting year, BHC has been working on a 60-unit project that is currently going through the entitlement process , as well as going through fina ncial review for possible financing from available Low Mod funds .
Consideration of that proposed development is scheduled for early 2026 . Staff will continue to seek similar opportunities in future years to utilize available Low Mod funds.
Staff recommends that the BHA Board approve the FY 2024-2025 Annual Report. Once approved, the Annual Report will be transmitted to HCD.
ATTACHMENT
Attachment 1 – Housing Successor FY 2024-2025 Annual Report 42 Required Information Annual Results
1 The amount the city received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4 (the amount of the annual City/Agency debt reimbursement payment).
$0 Total; $0 Deposited in the LMIHAF.
2 The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing any amounts deposited for items listed on the Recognized Obligation Payment Schedule from other amounts deposited.
Funds received during the year $538,622.55 included:
•Interest = $537,361.30
•Land Sale Proceeds = $11,170.62
•Grant Revenues = $0
•Housing Loan Revenues = ($7,903.34)
•Litigation Settlement =( $2,006.03)
•Debt reimbursement payment = $0
3 A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts.
Cash balance as of 6/30/25 = $9,820,759.30
(Please refer to the City of Burbank's Annual Comprehensive Financial Report for details on the fund balance
1)
$0.00 held for ROPS-approved items. ROPS obligations were completed in FY 15-16.
4A A description of expenditures from the fund by category, including, but not limited to, expenditures:(A)for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a),
Total Expenditures: $833,032.02
• Amounts used for monitoring and preserving affordability covenants:
$107,
500
• Administrative costs: $574,096.34
TOTAL ADMINISTRATIVE: $681,596.34
4B (B)for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and
TOTAL HOMELESS PREVENTION: $50,000
4C (C)for the development of housing pursuant to paragraph (3) of subdivision (a). TOTAL DEVELOPMENT OF HOUSING for Low, Very Low and Extremely Low Income Households:$101,435.68 5 As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts.
• Property = $7,786,280.78
• Advances (20% of SA debt repayment to General Fund) $0 • Notes Receivable = $37,466,381.05
SUM : $45,252,661.83
HOUSING SUCCESSOR - BURBANK HOUSING AUTHORITY
FY 24-25 ANNUAL REPORT
2 - The Housing Successor owns three properties, each subject to long-term leases with the Burbank Housing Corporation. The properties include: 1) 1801-1815 Grismer Avenue and 1729-1735 Elliott Drive; 2) 313 West Valencia Avenue; and 3) 427 West Valencia Avenue. 3 - Notes receivable include residual receipts loans made to the Burbank Housing Corporation for costs related to acquisition, rehabilitation, and development of affordable housing units. 1 - The ACFR is scheduled to be presented to the City Council on December 16, 2025 and will be posted on-line thereafter.
ATTACHMENT 1 - 1
43 6 A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service.
N/A. The Housing Successor has not transferred funds to other Successor Housing Agencies.
7 A description of any project for which the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project.
None. The Housing Successor neither receives nor holds property tax revenues pursuant to the ROPS. ROPS obligations under this section were completed in FY 15-16.
8 For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
The Housing Successor owns three properties acquired by the former redevelopment agency prior to February 1, 2012. Each property is subject to a long-term lease with the Burbank Housing Corporation. The properties include:
1)
1801-
1815 Grismer Avenue and 1729-1735 Elliott Drive;
2) 313 W
est Valencia Avenue; and
3) 427 W
est Valencia Avenue.
Approved housing developments for the three properties have been c
ompleted as required.
The Housing Successor has not acquired real property after February 1, 2012.
9 A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor’s progress in meeting those obligations, and of the housing successor’s plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
The former redevelopment agency did not have any outstanding replacement or inclusionary housing obligations that remained to be transferred to the Housing Successor. Therefore, the Housing Successor has no obligations to report. The last Implementation Plan of the former redevelopment agency is posted on the Successor Agency website.
10 The information required by subparagraph (B) of paragraph (3) of subdivision (a) on unit mix.
Reporting requirements related to the expenditures by income type for expenditures from January 1, 2020 are required every five years. The first report was provided in 2019, and the last report was provided in 2024. The next five year report is required in 2029 when the expenditure requirements by income type must be met. Staff is currently working with a local non-profit housing developer to provide additional extremely-low and very-low income units in the next reporting period. Project consideration is scheduled for early 2026.
HOUSING SUCCESSOR - BURBANK HOUSING AUTHORITY
FY 24-25 ANNUAL REPORT
ATTACHMENT 1 - 2
44 11 The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
Since FY 05-06 the following affordable housing units have been developed:
277 Rental Units
+55 Ownership Units
332 Total Units, of which 43 units or 13% were developed exclusively for seniors.
12 The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess surplus.
There is an Excess Surplus of $5,193,912.35. This means the unexpended and unencumbered amount in the housing fund exceeds the total amount deposited in the housing fund during the preceding four (4)
y
ears. This is the third year of an Excess Surplus. Staff continues to work with the City's local affordable housing partners and the dev
elopment community for the creation of additional units. A proposal for the creation of 44 net new units is scheduled for funding c
onsideration in early 2026 that will utilize the excess surplus calculated. 13A An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
This inventory shall include all of the following information:(A) The number of those units. 63 Ownership Units.
13B (B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reas on
for those losses.
No units were lost this fiscal year.
13C (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund.
N/A
13D (D) Whether the housing successor has contracted with any outside entity for the m
anagement of the units and, if so, the identity of the entity.
N/A
FY 24-25 ANNUAL REPORT
HOUSING SUCCESSOR - BURBANK HOUSING AUTHORITY
ATTACHMENT 1 - 3
45 1
DATE: December 9, 2025
TO: Justin Hess, Executive Director
FROM: Patrick Prescott, Assistant Executive Director/Community Development Director
BY: Maribel Leyland, Assistant Community Development Director SUBJECT: Approval of an Amendment to the 2009 Promissory Note with the Burbank Housing Corporation f or the Keeler Elliott Habitat Project : 1902 Keeler Street, Burbank, California
RECOMMENDATION
Approve an amendment to the terms of a 2009 Promissory Note with the Burbank Housing Corporation for the Keeler Elliott Habitat Project, located at 1902 Keeler Street , Burbank, C alifornia, and determin e the project to be exempt under the California Environmental Quality Act (CEQA).
BACKGROUND
On January 14, 2025, City Council and the Burbank Housing Authority approved the amended Restated Master Loan Agreement Phase I (MLA) with the Burbank Housing Corporation (BHC). Prior to approval, study sessions were held at Council meetings on August 13, 2024 and November 26, 2024, to discuss the long- time partnership between the City and BHC and present a proposal from BHC for proposed amendments to the MLA to make global accounting and oversight changes . BHC’s proposed amendments have been divided into phases to ensure proper review and implementation. The approval on January 14, 2025 was for Phase I. Future phases may include efforts to provide increased cash flow and address other accounting matters, such as, but not limited to, reserve account policies. It is anticipated that it will take a minimum of three future meetings for Council to assess each area of policy consideration.
BHC has requested to modify the 2009 Acquisition Loan Note for the homeowner of the affordable housing development located at 1902 Keeler Street, the Keeler Elliott Habitat Project, to make that note more consistent with the 2025 MLA modifications approved by Consent Calendar
Item #5
46 2
Elliot Habitat Project required assembly of several parcels conducted by the former Redevelopment Agency in early 2000 and in 2005. BHC acquired that land and entered into various agreements and a promissory note with the former Redevelopment Agency for $2,571,750. That 2005 note was part of the consolidated loans in the original 2006 master loan agreement, as Property No. 10. In 2009, the promissory note was released from the master loan agreement and became a standalone note called the Acquisition Loan Note in the Owner Participation Agreement (OPA) with the former Redevelopment Agency, City, BHC, and Habitat for Humanity of Greater Los Angeles. This report summarizes BHC’s proposed loan modification.
DISCUSSION
In 2009, the OPA authorized the development of an eight-unit affordable homeownership project at Keeler Elliott located at 1902 Keeler Street. A summary of the project approved in 2009 is below:
• Developed eight units of very-low affordable ownership townhomes; • Owners entered into a 99- year, no interest loan with Habitat for Humanity of Greater Los Angeles (Habitat) for the townhome improvements; • Owners entered into a 99-year ground lease with BHC for the land for $50/month; • BHC entered into a 99-year ground lease with the Homeowners Association at $50/month; and
• BHC monitors and enforces all leases and affordability of units.
BHC’s Acquisition Land Note is in the amount of $2,571,750. The Note is interest free, with no annual payments, and a balloon payment of the full principal amount at the end of its term of 99 years. The start date of the Note was when the last of the eight occupants/owners entered a long-term lease with BH C at escrow closing for each unit (November 6, 2012), which ends 99 years from that date. As there were different escrow closing dates for the eight units, the end date is when the last owner closed escrow and entered the long-term lease with BHC as summarized below:
• Six units closed on October 31, 2012;
• One unit closed on November 5, 2012; and
• One unit closed on November 6, 2012 (start date of Note).
Under the current Note terms, there is a balloon payment of the full principal amount ($2,571,750) in 99 years (November 6, 2111) . BHC has requested the Note terms be revised for the Keeler Elliott property to be more consistent with the MLA Phase I terms approved on January 14, 2025.
the Council and Board earlier this year (Attachment 1). The land acquired for the Keeler 47 3
Proposed Keeler Elliott Land Acquisition Amended Note Terms When the MLA modifications were presented to the City Council and Housing Authority in January 2025, the assembled site at Keeler and Elliott w as inadvertently included (Project No. 10). It has been administratively removed from the MLA documents because, as stated, the project (and the principal amount) had already been released and removed from the MLA in 2009 when BHC entered into a new Loan Agreement and Note for that previously assembled property. A standalone Note in the principal amount of $2,571,750 currently exists. It is for this standalone Note that BHC requests modification.
The
proposed modification is to eliminate the balloon payment at the end of 99 years, and instead have annual forgivable payments beginning with the balance of $2,260,022.73 (earlier years 2012-2024 are completely forgiven). Annual Payments will be forgiven if the Regulatory Agreement and other existing contractual obligations of the OPA are met. The annual forgivable debt would be consistent with the MLA Phase I financial terms already considered and approved by the City Council and Housing Authority Board. However, unlike the MLA modifications, the affordability period is not being extended because the eight homeowners already executed documents upon purchase for a 99- year ground lease with BHC. The term of this 99- year affordability expires Nov ember 6, 2111, well beyond the amended affordability term in the MLA which expires April 1, 2080.
The pr
oposed note terms are summarized as follows (Attachment 2):
1. Zer
o Interest: No change as the current note is already interest free.
2. Annual Payments: Forego 1/99th of the principal balance of the note each year provided BHC is in compliance with agreements. Removes the ballon payment at year 99.
3. Balance of Note: Forgive $311,727.27 in principal (pre-amendment a mount forgiven for years 2012-2024) making the beginning balance to be $2,260,022.73 (start date is the amendment approval date); and
4. Term Date: Commence the annual forgiveness on April 1, 2026, to cover the prior year, to coincide with the MLA Phase I annual forgiveness date. The pre- amendment amount/balance (from November 6, 2012 to December 31, 2024 ) to be forgiven annually is $25,977.27 through April 1, 2112.
ENVIRONMENTAL REVIEW
The BHC Keeler Elliott note modification is not a project subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines § 15060(c)(2), in that the note modification will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from CEQA under State CEQA Guidelines § 15061(b)(3) in that it can be seen with certainty there is no possibility the refinancing will have a significant effect on the environment. 48 4
FISCAL IMPACT
The fiscal impact to the Authority is the elimination of the receipt of $2,571,750 on November 6, 2111 in one balloon payment based on current Note terms . However, the City Council and Housing Authority Board approved the MLA Phase I earlier this year that forgave accrued interest and will forgive the principal amount 1/55th annually for existing City and Authority Notes so long as BHC is in compliance with agreements. This proposed amendment, to remove a balloon payment , forgive the pre-amendment amount of $311,727.27, and forgive future 1/99th payments of the $2,260,022.73 remaining debt annually (so long as BHC is in compliance as well) is in alignment with the policy decision made and approved by the City Council and Housing Authority Board on January 14, 2025.
CONCL
USION
The City Council and Housing Authority Board approved the Amended and Restated Master Loan Agreement Phase I earlier this year as BHC desires a positive balance sheet to secure future financing to continue their mission of creating affordable housing in the community. T he Council /Housing Authority Board’s policy decision will allow B HC’s potential growth and preserve, maintain and expand affordable housing opportunities in the community rather than the protection or repayment of note amounts.
BHC’s
request to amend the Keeler Elliot Acquisition Loan Note is in line with the MLA Phase I amendment approved by the City Council and Housing Authority Board on January 14, 2025. Removing the balloon payment, will allow BHC to have favorable financial records, should it desire (subject to City/Authority approval) to work with other agencies or funding sources to receive outside assistance for projects; to continue BHC’s Mission to provide affordable housing in the community . However, this loan modification and Phase I of the MLA may not make BHC solvent in the long-term. BHC plans to return for future discussions on other proposed terms to be considered at later dates.
ATT
ACHMENTS
Attachment 1 – Acquisition Loan Note Dated June 26, 2009 Attachment 2 – Amended No. 1 – Acquisition Loan Promissory Note 49 ATTACHMENT 1 - 1
50 ATTACHMENT 1 - 2
51 ATTACHMENT 2 – 1
1 2180\02\3976811.6 Sept 8, 2025
AMENDED NO. 1
ACQUISITION LOAN PROMISSORY NOTE
$2,571,750.00 ____________, 2025
Burbank, California
FOR VALUE RECEIVED, BURBANK HOUSING CORPORATION, a California nonprofit public benefit corporation ("Borrower"), promised to pay to the HOUSING AUTHORITY OF THE CITY OF BURBANK, a public body, corporate and politic (the "Authority"), at the Authority's office at 275 East Olive Avenue, Burbank, California 91510- 6459, or such other place as the Authority may designate in writing, the principal sum of Two Million Five Hundred Seventy-One Thousand Seven Hundred Fifty Dollars ($2,571,750) (the "Note Amount"), in currency of the United States of America, which at the time of payment is lawful for the payment of public and private debts. This Amended No. 1 Acquisition Loan Promissory Note (the "Note") only modifies the term and repayment provision in Section 3 of the Acquisition Loan Note, dated June 26, 2009, made by the Borrower in favor of the Authority's predecessor in interest, the Redevelopment Agency of the City of Burbank (the "RDA").
1. Amendment. The Note is modified by replacing Section 3 “Term; Repayment of Note Amount” to read as follows:
"Section 3. Term; Repayment of Note Amount. The term of this Note shall be ninety-nine (99) years from November 6, 2012, calculated from the date the last escrow closed on the eight Townhomes sold, pursuant to the terms and conditions of the Agreement (the "Term").
Payments in the amount of 1/99
th of the Note Amount are due but forgiven annually,
commencing April 1, 2026, with the first annual payment/forgiveness covering January 1, 2025 - December 31, 2025. No payments are due for the period from November 6, 2012 through December 31, 2024; however, the principal amount owing on the Note shall be reduced by the amount set forth on the payment schedule attached hereto and incorporated herein as Attachment 1 (the “Pre-Amendment Amount”), as if previous twelve years of payments if then due were forgiven.
Future payment commencing on April 1, 2026, covering the prior calendar year, shall be forgiven by 1/99th of the Note Amount and completely no later than April 1, 2112 for the annual payment from January 1, 2111 – December 31, 2111 . All forgiveness is subject to Borrower not breaching
the Agreement, including but not limited to that certain Regulatory Agreement exhibit executed by the RDA, the City of Burbank, Habitat and the Borrower, dated as of September 3, 2009, and recorded as Document No. 2009-1619393 on October 27, 2009 in the official records of the County of Los Angeles. Notwithstanding the foregoing, however, the Note Amount shall become immediately due and payable upon the earlier occurrence of the following:
52 ATTACHMENT 2 – 2
2 2180\02\3976811.6 Sept 8, 2025
a. the sale, exchange or other conveyance of a fee interest in the Property that is subject to the Deed of Trust securing this Note, or any portion of the Property; or b. in the event of a default by the Borrower under the Agreement, which has not been cured within the period of time set forth in the Agreement."
2. All other provisions of the Note, not modified by this Amended No. 1, remain in full force and effect.
3. As required by Section 7 of the Note, any amendments must be signed by Borrower and by Authority, as successor to Agency.
"Borrower"
BURBANK HOUSING CORPORATION, a
California nonprofit public benefit corporation
By: ________________________________
Name: ________________________________
Title: ________________________________
[Signatures Continue of Following Page]
53 ATTACHMENT 2 – 3
3 2180\02\3976811.6 Sept 8, 2025
ACCEPTED AND AGREED:
"Authority"
HOUSING AUTHORITY OF THE CITY OF
BURBANK, a public body, corporate and politic
By:________________________________
Justin Hess, Executive Director
Attest:
___________________________________
Kimberley Clark, Clerk
Approved as to Form and Legal Content
Joseph H. McDougall City Attorney/Authority General Counsel
___________________________________
By: ________________, ________________
54 ATTACHMENT 2 – 4
4 2180\02\3976811.6 Sept 8, 2025
Payment Schedule- Attachment No. 1
Original Note
Date
Original Note
Amount
Amendment
No. 1 Date*
Pre-
Amendment
Amount
Forgiven
Pre-
Amendment
Amount
(Balance)
12/31/25
Terms
Fully
Forgiven
Date
Burbank Housing Authority Note
Project No. 10 - 1902 Keeler Street (Keeler Elliott Homeownership Project) Commencing on April 1, 2026, covering the prior calendar year, Pre-Amendment Amount (balance) shall be forgiven annually by $25,977.27 (1/99th).
To Be
Inserted
* After approval and execution of new Promissory Note.
SCHEDULE
06/26/09 $2,571,750.00 $311,727.27 $2,260,022.73 4/1/2112 55 1
STAFF REPORT
DATE: December 9, 2025
TO: Justin Hess, City Manager
FROM: Mandip Kaur Samra, General Manager, Burbank Water and Power VIA: Riad Sleiman, Chief Assistant General Manager
BY: Sven Knauth, Senior Electrical Engineer
SUBJECT: Adoption of a Resolution Approving and Authorizing the General Manager of Burbank Water and Power to Enter into Electrical Services Agreements with Residential, Commercial, and Industrial Customers to Assist with Service Requirements, System Upgrades, Cost Reimbursement, and Other Conditions Related to the Provision of Electric Service
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK TO
AUTHORIZE THE GENERAL MANAGER OF BURBANK WATER AND POWER TO
ENTER INTO ELECTRICAL SERVICES AGREEMENTS WITH CUSTOMERS (Attachment 1).
BACKGROUND
The current BWP Rules and Regulations (Rules), approved by the Burbank City Council (Council) on November 18, 2025, require d evelopers to sign Electrical Services Agreements (Agreement) for electrical services that are 750 kilovolt-ampere (kVA) and above. This threshold marks a shift from smaller residential or commercial services to larger services that demand more complex infrastructure, such as padmount switches 1,
1 Padmount switches are metal enclosures, typically gray, sitting on concrete pads used in underground power systems to safely isolate or reroute high-voltage electricity. Their uses include minimizing the area affected by an outage, shifting load between feeders, and to safely reduce the higher feeder circuit ampacity (capacity) to a lower local distribution ampacity used for individual transformers. 2 Primary feeder extensions involve constructing new segments of the main, high -voltage lines (the primary feeders) to distribute power from substations, which is necessary to serve new developments or increase system redundancy and reliability. Primary feeder extensions connect to and supply power to (feed) components like padmount switches.
WATER AND
POWER
Consent Calendar
Item #6
primary feeder extensions2, easements, and more intricate engineering designs. 56 2
Historically, an executed Agreement was only required for projects over 5 megavolt- amperes (MVA). Agreements were optional for projects below 5 MVA, but generally were not used in practice. As a result, developers have encountered challenges in managing and coordinating the necessary upgrades when projects under 5 M VA required major infrastructure installation. In instances where infrastructure work was delayed, developers frequently expected BWP to install equipment within an accelerated timeframe, potentially requiring overtime and additional resources that could adversely impact the schedules of other development projects.
Additionally, projects over 5 MVA require an on-site substation, which can have significant impacts on project costs and site plans due to the significant size and complex changes in the electric service. Due to the complexity of the Rules, projects occasionally crossed the 5 MVA threshold without early identification, leading to challenging negotiations for the design and installation of the required electrical service once the need for major infrastructure updates became apparent.
DISCUSSION
The proposed Agreement enhances clarity and transparency for both the developer and BWP by explicitly outlining the expectations and responsibilities of each party , the required payments, schedule, and the minimum installation standards mandated by the Rules. The developer typically bears full responsibility for all costs related to the facilities required to support their service request as defined by the Rules. For BWP, the proposed Agreement helps ensure that projects move forward in alignment with current requirements, within the required payment schedule as required under the Rules and the Citywide Fee Schedule, and clearly outlines the process for managing any future or additional load in accordance with the Rules.
Under the current Rules, BWP has the authority to offer payment arrangements of up to 12 months for any customer in accordance with Section 1.42 (with the approval of the General Manager). For payment plans exceeding 12 months, an Agreement is required.
Authorizing the General Manager of BWP to negotiate and execute Agreements will help streamline negotiations and allow large developers to more effectively manage capacity charge obligations over several years. Implementing Agreements at a significantly lower threshold than the previous 5 M VA limit will establish clear expectations for both the developer and BWP. The Agreement also provides clarity on how the 5 MVA threshold is calculated and outlines the steps and responsibilities that apply once a project reaches or exceeds that capacity.
Implementing a standardized Agreement and granting the General Manager or their designee authority to execute these documents for electrical services with a calculated demand of up to 25.5 MVA (fully reimbursed by Aid- In-Construction (AIC)) significantly 57 3
reduces administrative complexity and simplifies the overall agreement process. Although the lowered threshold significantly increase d the total number of projects requiring an Agreement, this streamlined approach ensures that all projects can proceed more efficiently.
ENVIRONMENTAL REVIEW
Developer projects may require CEQA review , which is handled on a per-project basis.
Before the commencement of each “project,” staff will determine if it has the potential to result in a direct or indirect physical change to the environment and if it is subject to the requirements of the CEQA.
FISCAL IMPACT
There is no fiscal impact associated with this report. The developer is fully responsible for all expenses related to their project. BWP collects AIC deposits as required by the Rules to recover the total costs associated with each project. AIC costs are the fully burdened costs of installing, upgrading, or extending the utility's infrastructure necessary to provide service to the developer’s specific project. AIC ensures that the direct cost of constructing facilities required for a developer project is borne by the party requesting the service, rather than being spread across all existing BWP utility customers through general rate increases. This ensures that the City incurs no additional expenses, which helps to keep electric rates more affordable.
Funds for developer projects are available in the Council-approved BWP Budget within the Electric Fund (496). Funding for these projects is allocated as a recurring annual program, subject to annual Council budget approval.
CONCLUSION
Approving and authorizing the General Manager or their designee to execute a standardized Agreement significantly reduces the administrative complexity and simplifies the overall process . The recently adopted 750 kVA threshold for mandatory service Agreements represents a shift from historical practice and proactively addresses the complexities inherent in managing larger electrical services. Requiring an Agreement at this lower limit ensures transparency, defines mutual responsibilities, clarifies payment terms, better scheduling, and establishes a clear process for future service size increases. The BWP Board has reviewed the Agreement and unanimously recommends that Council authorize the General Manager of BWP to enter into A greements with customers.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Electrical Services Agreement
58 ATTACHMENT 1
R
ESOLUTION NO. _______________
A
RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK TO AUTHORIZE THE GENERAL MANAGER OF
BURBANK WATER AND POWER TO ENTER INTO
ELECTRICAL SERVICES AGREEMENTS WITH
CUSTOMERS.
T
HE COUNCIL OF THE CITY OF BURBANK FINDS:
1. S
ection 310 of the Burbank Charter authorizes the Mayor to sign all contracts and other legal instruments in which the City is a party unless the Council, by resolution or ordinance, delegates that authority to another person.
2. G
enerally, when agreements are approved by written resolution by the City Council, it specifically delegates the authority to execute the agreement to the G eneral Manager of Burbank Water and Power (BWP), or their designee.
3. T
he current BWP Rules and Regulations (Rules), approved by Council, require certain customers or prospective customers to sign a greements for electrical services that are 750 kVA and above; such threshold marks a material shift from smaller services to larger services that demand more complex infrastructure and more intricate engineering designs while also imposing additional costs on BWP and the distribution system.
4. A
ttached as Exhibit “A” hereto is a form of Electrical Services Agreement (Agreement) that addresses most of the common issues arising from such larger services, which has been reviewed and approved as to form by the City Attorney’s Office.
5. T
he implementation of a standardized form of Agreement and granting the General Manager or their designee authority to execute these documents significantly reduces the administrative burden and simplifies the overall contractual process, as the increased number of projects now requiring agreements to proceed necessitates streamlined procedures.
T
HE COUNCIL OF THE CITY OF BURBANK RESOLVES:
T
he General Manager of Burbank Water and Power, or their designee, is authorized to:
1. N
egotiate and execute an Agreement with customers as necessary for electrical services up to 25.5 MVA calculated demand that are fully reimbursed by Aid-In- Construction (AIC), substantially in the form as attached in Exhibit “A” and granting the General Manager, or their designee, authority to agree to reasonable and appropriate changes, with such changes to be in form and substance satisfactory to the City Attorney’s Office;
A1-1
59 ATTACHMENT 1
2. Execute any other ancillary documents, including amendments and letters, in form and substance satisfactory to the City Attorney’s Office and up to an amount available within any City Council-approved Fiscal Year Budget; and
3. Accept all AIC payments needed to provide electric service to each project under these Agreements or any other AIC letters or agreements related to these projects.
PASSED and ADOPTED this _____ day of _____________________ 2025.
_ _________________________
Nikki Perez
Mayor
Attest:
_____________________________ By: _______________________ Kimberley Clark, City Clerk Christopher Chwang Senior Assistant City Attorney
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 Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____day of __________, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
A1-2
60 Spa
ce Above This Line for Recorder's Use
ELECTR
ICAL SERVICES AGREEMENT
This ELECTRICAL SERVICES AGREEMENT (“Agreement”) is entered into on ____________ __, 20__ (the “Effective Date”), by and between __________________________ , a __________________ company (together with any of its permitted successors and assigns, the “Developer”), and THE CITY OF BURBANK, CALIFORNIA (the “City”) ACTING THROUGH BURBANK WATER AND POWER. The Developer and the City shall be each referred to herein as a “Party” and collectively as the “Parties”.
A. Developer intends to construct a new project (the “Project”) on the property located at ____________________, Burbank, County of Los Angeles, California which is more particularly described in Exhibit A, Legal Description, attached hereto and incorporated herein by this reference (the “Property”).
B. The Project remains subject to additional City review and permitting processes.
C. Developer presented preliminary plans to the City to develop the Project with electrical loads between 750 kVA and 4.99MVA (“Planned Capacity”), which according to the Burbank Water and Power Rules and Regulations for Utility Service (“BWP Rules and Regulations”), prompts the requirement to serve the load from a primary 12kV feeder and a backup 12kV feeder.
D. Developer acknowledges that, in order for the City to provide electric service (“Electric Service”) to the Property, pursuant to the BWP Rules and Regulations and in addition to any other City fees or charges , Developer must pay for (a) the total cost for the extension of distribution feeders from a community substation to the Metering Points (de fined below) (the “Distribution Facilities”) and (b) the capacity charge associated with the electric meter panels being installed or replaced. BWP will issue Aid -in-Construction (AIC) letters estimating BWP costs which must be paid by Developer as a deposit prior to BWP performing work or ordering material.
E. Developer acknowledges that, in order for the City to provide electric service, the Developer must grant a recorded easement for any electric utility equipment (the “Utility Easement”) on the Property.
F. The Developer acknowledges that, in accordance with this Agreement , the Utility Easement will be recorded against the Property prior to , and as a condition of the
RECORDING REQUESTED BY
AND WHEN RECORDED,
MAIL TO:
City Clerk
City of Burbank
P. O. Box 6459
Burbank, CA 91510
EXHIBIT A
A1-3
61 2-
energization of the Project.
NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto covenant and agree as follows:
1. Service Points on Property. The service points at the Property’s property line for the conduit and wiring when constructed to serve the Project (the “Service Points”).
2. Metering Points on Property. The metering points at the Project’s metering panel(s) on the Property (the “Metering Points”).
3. Costs
(a) Capacity Charge. A Capacity Charge applies to the Project as described in the BWP Rules and Regulations Section 3.26 at the rate in effect at the time the of payment ; provided that in the event that the actual capacity requested is greater than the Planned Capacity, then the Capacity Charges will be trued up at the rate in effect at the time of such true up payment.
BWP will provide an invoice reflecting the Capacity Charges based on the Planned Capacity as soon as reasonably possible; provided, that the invoice may be updated or supplemented to reflect the actual capacity of the Project. Developer shall pay the Capacity Charge, together with any true- ups, prior to energization.
(b) Total Distribution Facilities Costs. The term “Total Distribution Facilities Costs ” shall mean the sum of the Offsite Distribution Facilities Costs and Onsite Distribution Facilities Costs. The estimated costs are set forth below:
(i) Offsite Distribution Facilities Costs. The estimated total costs for the commissioning of the portion of the Distribution Facilities up to the Service Points shall include, but not be limited to, costs for the design, engineering, procurement, primary cable installation , project management, testing and commissioning of the Distribution Facilities together with any contracts or sub- contracts with third parties to provide or perform such work and materials (collectively, the “Offsite Distribution Facilities Costs”). The Developer is responsible for the construction and the costs of the substructure , including conduit system, manholes, and street resurfacing from [a substation] to the Service Points. The parties hereby acknowledge and agree the Offsite Distribution Facilities Costs are estimated to be $________ as of the ______ quarter of 20__.
(ii) Onsite Distribution Facilities Costs. The estimated total costs for the commissioning of the portion of the Distribution Facilities between the Service Points and the Metering Points shall include, but not be limited to, costs for the design, engineering, procurement, primary cable installation, metering, project management, testing and commissioning of the Distribution Facilities together with any contracts or sub- contracts with third parties to provide or perform such work and materials (collectively, the “Onsite Distribution Facilities Costs”). The Developer is responsible for the construction and the costs of the substructure , including conduit system, manholes, pull boxes, switch and transformer pads, secondary cables and resurfacing from the Service Points to the Metering Points . The parties hereby acknowledge and agree the Onsite
EXHIBIT A
A1-4
62 3-
Distribution Facilities Costs are estimated to be $________ as of the ______ quarter of 20__.
(iii) The actual Total Distribution Facilities Costs shall be tracked by the City, and the Developer shall be invoiced for any amount spent in excess of the estimated Total Distribution Facilities Costs collected (the “Distribution Costs True-up”), within ninety (90) days of completion of the Distribution Facilities.
(iv) Developer shall be issued a refund for any amounts not spent of the Total Distribution Facilities Costs within ninety (90) days after the final completion date of the Project.
4. Granting and Recording of Utility Easement and Subsurface Easement.
The Developer agrees to grant to the City and record the Utility Easement, which shall be a permanent public utility easement and subsurface easement for electric purposes for the electric equipment on the Property prior to, and as a condition of the energization of the Project. The Utility Easement must be fully executed and recorded before BWP performs onsite installation work.
5. Required Facilities for BWP to begin work
Developer agrees to complete installation of the required substructure under Developer responsibility necessary for the Distribution Facilities to energize the Metering Points a minimum of 90 days prior to the target energization date. After BWP inspection and acceptance of the required substructure, BWP will make a good faith effort to energize the project within 90 days.
Energization is subject to BWP receipt of the required payments under this agreement, completion of BWP's portion of the installation of the Distribution Facilities, and release of required permits by the City. Prudent utility practices may require the City to prioritize emergency restoration work and utility-driven capital work over energization of new customer load. In the event such work is projected to delay energization of the project, the City will notify Developer as soon as it becomes reasonably clear a delay is probable. In the event of delays by the City and conflict between multiple Projects, the City will energize new services in the order the Developer(s) complete the required facilities necessary for BWP to begin work.
6. AIC Payments.
(a) Delivery of AIC Payments. Developer agrees to irrevocably deposit AIC Payments, in immediately available funds denominated in United States currency, with the City, prior to any work being done by the City. The Developer acknowledges and agrees that the AIC Payments shall have no right to any interest accrued by the AIC Payments and shall be held as cash without any investment.
(b) Exclusivity of Deposit and AIC Payments Funds; Non-Refundable. The City agrees to not commingle the Deposit nor AIC Payments with any other amounts held on behalf of Developer or any other party. The City acknowledges that the Deposit and AIC Payments are for the sole and exclusive purpose of paying for a portion of the costs as Aid-in-Construction (as defined in the BWP Rules and Regulations) necessary to providing Electric Service to the Property.
7. Future Panel Replacement or Installation . In the event, the Developer requests a new, upgraded or replacement metered electrical panel after City’s electric permit for the Project has
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been finalized, the capacity of the replacement panel shall be calculated such that a credit is applied for the capacity already paid pursuant to this Agreement. The credit for the existing electric metered panel may only be applied if the metered electric panel has been permitted in its existing form, capacity, and location through a finalized Building Division elec tric permit and still exists on site in the location it was permitted. The credit is pro -rated based on the subject panel’s permitted installation year and a 60-year capacity life.
8. BWP Rules and Regulations. The BWP Rules and Regulations provide that a customer facility of 5 MVA or above requires that the Customer’s site include a substation with at least two power transformers and two high side lines. The Developer and the City agree and acknowledge that if at any time the electric load on the Property , together in evaluation with any other group of premises, as described in Section 2.01(j) of the BWP Rules and Regulations, exceeds or is expected to exceed 4.99MVA then an amendment to this Agreement is necessary to address the construction of a customer substation per BWP Rules and Regulations. Such amendment not to be unreasonably withheld, conditioned or delayed by the Developer. The City reserves the right to place a hold on any new service sign-up and energization to panels in excess of 4.99MVA demand on the Property, as calculated by BWP electrical engineering section, prior to the execution of such amendment.
9. Does Not Constitute Project Approval. The Developer acknowledges and agrees that the City’s approval of this Agreement does not constitute, and will not provide any assurance of, the City’s approval of the Project, any budget approvals relating thereto, the applications, the environmental review or any other item relating or arising out of the Project or any portion thereof.
The City shall not be liable to the Developer under this Agreement for failure to approve any such items. This Agreement does not provide the Developer any vested rights in Electric Service.
10. Representations and Warranties. The Developer represents and warrants to the City that:
(a) The Developer is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has full power to execute, deliver and perform this Agreement.
(b) The execution, delivery and performance of this Agreement have been and remain duly authorized by all necessary limited liability company action and do not contravene the Developer’s constitutional documents or any contractual restriction binding on the Developer or its assets.
(c) This Agreement constitutes the legal, valid and binding obligation of the Developer enforceable against Developer in accordance with its terms, subject, as to enforcement, to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditor’s rights and to general equity principles.
(d) The execution and delivery by Developer of this Agreement does not, and the performance by Developer of its obligations hereunder (with or without the giving of notice or lapse of time or both) will not, directly or indirectly, (a) violate any applicable law or any provision of any security issued by Developer, (b) conflict with, result in a breach of the provisions of or constitute a default under any of the organizational documents of Developer, (c) violate any other agreement, instrument or undertaking to which Developer is a party or by which it or any of its
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property is bound or (d) require any license, consent or approval of any governmental authority.
11. Miscellaneous.
(a) Notices. All notices, advice and other communications under this Agreement shall be made in writing and given by overnight delivery, fee prepaid, via any reputable overnight courier service with national reputation and a reliable tracking system. Notices and advices are to be addressed to each party as provided below and shall be deemed to have been duly given when received or when delivery is refused (as the case may be) as indicated on the business records of such overnight courier service. Each party may establish a new address from time to time by written notice to the other given in accordance with this Section. Notice to outside counsel designated by a party entitled to receive notice is for convenience only and is not required for notice to a party to be effective in accordance with this Section.
Address for Developer:
Developer’s Name
Address Street name
City, State, Zip code
Attn:
Email
Address for the City: City of Burbank
Burbank Water and Power
164 W. Magnolia Blvd.
Burbank, CA 91502-1720
Attn:
Email:
With a copy to: City of Burbank
City Attorney’s Office
275 East Olive Avenue
Burbank, CA 91502
Attn: BWP Counsel
Telephone: 818-238-5702
Fax No.: 818-238-5724
(b) Entire Agreement; Modification . This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all prior discussions, representations, communications and agreements (oral and written) by and among the parties hereto with respect thereto. Neither this Agreement nor any terms hereof shall be waived, modified, supplemented or terminated in any manner whatsoever, except by a written instrument signed by all parties hereto and then only to the extent expressly set forth in such writing.
If there is a conflict between this Agreement and BWP’s Rules and Regulations regarding the rights and obligations set forth in this Agreement, (a) from the Effective Date up to the tenth anniversary of the Effective Date, this Agreement shall control; and (b) after the tenth anniversary of Effective Date, thereafter the Rules and Regulations shall control.
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(c) Binding Effect. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, legal representatives, successors, and assigns, whether by voluntary action of the parties or by operation of law.
(d) Duplicate Originals; Counterparts. This Agreement may be executed in any number of counterparts, including facsimile counterparts, with the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and constitute the same instrument.
(e) Revision and Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
(f) Assignment; Subdivision . Developer shall not assign this Agreement without the prior written consent of the City, such consent not to be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, this Agreement shall be binding on any successor owner of the Property. In the event Developer subdivides the Property in accordance with its rights [under an applicable development agreement], the Developer and City shall use commercially reasonable efforts to enter into such amendments or replacement agreements of this Agreement to ensure that the intended rights and obligations described hereunder shall be preserved.
(g) Ambiguity; Headings and Construction of Certain Terms. The parties to this Agreement agree that this Agreement shall be construed and interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purposes and intentions of the parties hereto. Words used in this Agreement may be used interchangeably in singular or plural form, and any pronoun shall be deemed to cover all genders. Section headings are for convenience only and shall not be used in interpretation of this Agreeme nt. “Herein,” “hereof” and “ hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or other subdivision; and “Section” refers to the entire section and not to any particular subsection, paragraph or other subdivision.
(h) No Dedication. Any undertaking by one Party to the other Party under any provisions of this Agreement shall not constitute the dedication of the City of Burbank’s electric system or any portion thereof to the public or to the Developer (including its successors, assigns, licensees, customers, invitees, licensees, tenants, lessees, subtenants, concessionaires, officers, employees or agents).
(i) Limitation of Liability . In no event and under no circumstances shall one Party be liable to the other Party for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise for any other economic, consequential, indirect or special
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damages. The City makes no representations or warranties to the Developer.
(j) Force Majeure. Delay in the performance or non-performance in whole or in part by the City is not a breach of its duty or obligations under this Agreement if such performance has been made impracticable by a Force Majeure. The term “Force Majeure” includes, but is not limited to, war, flood, lightning, drought, earthquake, fire, volcanic eruption, landslide, hurricane, cyclone, typhoon, tornado, explosion, civil disturbance, an act of God or the public enemy, terrorist act, military action, epidemic, famine, plague, action of the court or public authority, strike or go- slow or similar labor difficulty.
(k) Limitation on Remedies; Limitation on Liability. In the event that the City cannot make the energization of the distribution feeders available at the Service Points on or prior to the scheduled completion date, the Developer acknowledges that its sole remedy for such failure is for specific performance by the City to provide sufficient electrical capacity for the Developer’s Minimum Load from any other substation. In no event and under no circumstances shall the City be liable to Developer for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise for any other economic, consequential, indirect or special damages.
(l) No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the Parties.
(m) Governing Law; Jurisdiction. To the extent permitted by applicable law, this Agreement shall be governed by the laws of the State of California (without giving effect to its conflicts of law rules).
[Signature Page and Acknowledgements Follow]
EXHIBIT A
A1-9
67 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
D EVELOPER:
Developer’s Name,
By:
Name:_____________________________
Title:______________________________
Authorized Signatory
C ITY:
City of Burbank
By:
Name:
Title:
EXHIBIT A
A1-10
68 STATE OF )
) ss.
COUNTY OF )
On before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
EXHIBIT A
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69 E xhibit A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREINBELOW IS SITUATED IN THE CITY OF BURBANK,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL DESCRIPTION:
APN:
Address:
EXHIBIT A
A1-12
70 EXHIBIT A
A1-13
71 Spa
ce Above This Line for Recorder's Use
ELECTR
ICAL SERVICES AGREEMENT
This ELECTRICAL SERVICES AGREEMENT (“Agreement”) is entered into on ____________ __, 20__ (the “Effective Date”), by and between __________________________ , a __________________ company (together with any of its permitted successors and assigns, the “Developer”), and THE CITY OF BURBANK, CALIFORNIA (the “City”) ACTING THROUGH BURBANK WATER AND POWER. The Developer and the City shall be each referred to herein as a “Party” and collectively as the “Parties”.
A. Developer intends to construct a new project (the “Project”) on the property located at ____________________, Burbank, County of Los Angeles, California which is more particularly described in Exhibit A, Legal Description, attached hereto and incorporated herein by this reference (the “Property”).
B. The Project remains subject to additional City review and permitting processes.
C. Developer presented preliminary plans to the City to develop the Project with electrical loads between 750 kVA and 4.99MVA (“Planned Capacity”), which according to the Burbank Water and Power Rules and Regulations for Utility Service (“BWP Rules and Regulations”), prompts the requirement to serve the load from a primary 12kV feeder and a backup 12kV feeder.
D. Developer acknowledges that, in order for the City to provide electric service (“Electric Service”) to the Property, pursuant to the BWP Rules and Regulations and in addition to any other City fees or charges , Developer must pay for (a) the total cost for the extension of distribution feeders from a community substation to the Metering Points (de fined below) (the “Distribution Facilities”) and (b) the capacity charge associated with the electric meter panels being installed or replaced. BWP will issue Aid -in-Construction (AIC) letters estimating BWP costs which must be paid by Developer as a deposit prior to BWP performing work or ordering material.
E. Developer acknowledges that, in order for the City to provide electric service, the Developer must grant a recorded easement for any electric utility equipment (the “Utility Easement”) on the Property.
F. The Developer acknowledges that, in accordance with this Agreement , the Utility Easement will be recorded against the Property prior to , and as a condition of the
RECORDING REQUESTED BY
AND WHEN RECORDED,
MAIL TO:
City Clerk
City of Burbank
P. O. Box 6459
Burbank, CA 91510
ATTACHMENT 2
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energization of the Project.
NOW, T
HEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto covenant and agree as follows:
1. Service Points on Property. The service points at the Property’s property line for the conduit and wiring when constructed to serve the Project (the “Service Points”).
2. Metering Points on Property. The metering points at the Project’s metering panel(s) on the Property (the “Metering Points”).
3. Costs
(a) Capacity Charge. A Capacity Charge applies to the Project as described in the BWP Rules and Regulations Section 3.26 at the rate in effect at the time the of payment ; provided that in the event that the actual capacity requested is greater than the Planned Capacity, then the Capacity Charges will be trued up at the rate in effect at the time of such true up payment.
BWP will provide an invoice reflecting the Capacity Charges based on the Planned Capacity as soon as reasonably possible; provided, that the invoice may be updated or supplemented to reflect the actual capacity of the Project. Developer shall pay the Capacity Charge, together with any true- ups, prior to energization.
(b) Total Distribution Facilities Costs. The term “Total Distribution Facilities Costs ” shall mean the sum of the Offsite Distribution Facilities Costs and Onsite Distribution Facilities Costs. The estimated costs are set forth below:
(i) Offsite Distribution Facilities Costs. The estimated total costs for the commissioning of the portion of the Distribution Facilities up to the Service Points shall include, but not be limited to, costs for the design, engineering, procurement, primary cable installation , project management, testing and commissioning of the Distribution Facilities together with any contracts or sub- contracts with third parties to provide or perform such work and materials (collectively, the “Offsite Distribution Facilities Costs”). The Developer is responsible for the construction and the costs of the substructure , including conduit system, manholes, and street resurfacing from [a substation] to the Service Points. The parties hereby acknowledge and agree the Offsite Distribution Facilities Costs are estimated to be $________ as of the ______ quarter of 20__.
(ii) Onsite Distribution Facilities Costs. The estimated total costs for the commissioning of the portion of the Distribution Facilities between the Service Points and the Metering Points shall include, but not be limited to, costs for the design, engineering, procurement, primary cable installation, metering, project management, testing and commissioning of the Distribution Facilities together with any contracts or sub- contracts with third parties to provide or perform such work and materials (collectively, the “Onsite Distribution Facilities Costs”). The Developer is responsible for the construction and the costs of the substructure , including conduit system, manholes, pull boxes, switch and transformer pads, secondary cables and resurfacing from the Service Points to the Metering Points . The parties hereby acknowledge and agree the Onsite ATTACHMENT 2
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Distribution Facilities Costs are estimated to be $________ as of the ______ quarter of 20__.
(iii) The actual Total Distribution Facilities Costs shall be tracked by the City, and the Developer shall be invoiced for any amount spent in excess of the estimated Total Distribution Facilities Costs collected (the “Distribution Costs True-up”), within ninety (90) days of completion of the Distribution Facilities.
(iv) Developer shall be issued a refund for any amounts not spent of the Total Distribution Facilities Costs within ninety (90) days after the final completion date of the Project.
4. Granting and Recording of Utility Easement and Subsurface Easement.
The Developer agrees to grant to the City and record the Utility Easement, which shall be a permanent public utility easement and subsurface easement for electric purposes for the electric equipment on the Property prior to, and as a condition of the energization of the Project. The Utility Easement must be fully executed and recorded before BWP performs onsite installation work.
5. Required Facilities for BWP to begin work
Developer agrees to complete installation of the required substructure under Developer responsibility necessary for the Distribution Facilities to energize the Metering Points a minimum of 90 days prior to the target energization date. After BWP inspection and acceptance of the required substructure, BWP will make a good faith effort to energize the project within 90 days.
Energization is subject to BWP receipt of the required payments under this agreement, completion of BWP's portion of the installation of the Distribution Facilities, and release of required permits by the City. Prudent utility practices may require the City to prioritize emergency restoration work and utility-driven capital work over energization of new customer load. In the event such work is projected to delay energization of the project, the City will notify Developer as soon as it becomes reasonably clear a delay is probable. In the event of delays by the City and conflict between multiple Projects, the City will energize new services in the order the Developer(s) complete the required facilities necessary for BWP to begin work.
6. AIC Payments.
(a) Delivery of AIC Payments. Developer agrees to irrevocably deposit AIC Payments, in immediately available funds denominated in United States currency, with the City, prior to any work being done by the City. The Developer acknowledges and agrees that the AIC Payments shall have no right to any interest accrued by the AIC Payments and shall be held as cash without any investment.
(b) Exclusivity of Deposit and AIC Payments Funds; Non-Refundable. The City agrees to not commingle the Deposit nor AIC Payments with any other amounts held on behalf of Developer or any other party. The City acknowledges that the Deposit and AIC Payments are for the sole and exclusive purpose of paying for a portion of the costs as Aid-in-Construction (as defined in the BWP Rules and Regulations) necessary to providing Electric Service to the Property.
7. Future Panel Replacement or Installation . In the event, the Developer requests a new, upgraded or replacement metered electrical panel after City’s electric permit for the Project has ATTACHMENT 2
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been finalized, the capacity of the replacement panel shall be calculated such that a credit is applied for the capacity already paid pursuant to this Agreement. The credit for the existing electric metered panel may only be applied if the metered electric panel has been permitted in its existing form, capacity, and location through a finalized Building Division elec tric permit and still exists on site in the location it was permitted. The credit is pro -rated based on the subject panel’s permitted installation year and a 60-year capacity life.
8. BWP Rules and Regulations. The BWP Rules and Regulations provide that a customer facility of 5 MVA or above requires that the Customer’s site include a substation with at least two power transformers and two high side lines. The Developer and the City agree and acknowledge that if at any time the electric load on the Property , together in evaluation with any other group of premises, as described in Section 2.01(j) of the BWP Rules and Regulations, exceeds or is expected to exceed 4.99MVA then an amendment to this Agreement is necessary to address the construction of a customer substation per BWP Rules and Regulations. Such amendment not to be unreasonably withheld, conditioned or delayed by the Developer. The City reserves the right to place a hold on any new service sign-up and energization to panels in excess of 4.99MVA demand on the Property, as calculated by BWP electrical engineering section, prior to the execution of such amendment.
9. Does Not Constitute Project Approval. The Developer acknowledges and agrees that the City’s approval of this Agreement does not constitute, and will not provide any assurance of, the City’s approval of the Project, any budget approvals relating thereto, the applications, the environmental review or any other item relating or arising out of the Project or any portion thereof.
The City shall not be liable to the Developer under this Agreement for failure to approve any such items. This Agreement does not provide the Developer any vested rights in Electric Service.
10. Representations and Warranties. The Developer represents and warrants to the City that:
(a) The Developer is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has full power to execute, deliver and perform this Agreement.
(b) The execution, delivery and performance of this Agreement have been and remain duly authorized by all necessary limited liability company action and do not contravene the Developer’s constitutional documents or any contractual restriction binding on the Developer or its assets.
(c) This Agreement constitutes the legal, valid and binding obligation of the Developer enforceable against Developer in accordance with its terms, subject, as to enforcement, to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditor’s rights and to general equity principles.
(d) The execution and delivery by Developer of this Agreement does not, and the performance by Developer of its obligations hereunder (with or without the giving of notice or lapse of time or both) will not, directly or indirectly, (a) violate any applicable law or any provision of any security issued by Developer, (b) conflict with, result in a breach of the provisions of or constitute a default under any of the organizational documents of Developer, (c) violate any other agreement, instrument or undertaking to which Developer is a party or by which it or any of its ATTACHMENT 2
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property is bound or (d) require any license, consent or approval of any governmental authority.
11. Miscellaneous.
(a) Notices. All notices, advice and other communications under this Agreement shall be made in writing and given by overnight delivery, fee prepaid, via any reputable overnight courier service with national reputation and a reliable tracking system. Notices and advices are to be addressed to each party as provided below and shall be deemed to have been duly given when received or when delivery is refused (as the case may be) as indicated on the business records of such overnight courier service. Each party may establish a new address from time to time by written notice to the other given in accordance with this Section. Notice to outside counsel designated by a party entitled to receive notice is for convenience only and is not required for notice to a party to be effective in accordance with this Section.
Address for Developer:
Developer’s Name
Address Street name
City, State, Zip code
Attn:
Email
Address for the City: City of Burbank
Burbank Water and Power
164 W. Magnolia Blvd.
Burbank, CA 91502-1720
Attn:
Email:
With a copy to: City of Burbank
City Attorney’s Office
275 East Olive Avenue
Burbank, CA 91502
Attn: BWP Counsel
Telephone: 818-238-5702
Fax No.: 818-238-5724
(b) Entire Agreement; Modification . This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all prior discussions, representations, communications and agreements (oral and written) by and among the parties hereto with respect thereto. Neither this Agreement nor any terms hereof shall be waived, modified, supplemented or terminated in any manner whatsoever, except by a written instrument signed by all parties hereto and then only to the extent expressly set forth in such writing.
If there is a conflict between this Agreement and BWP’s Rules and Regulations regarding the rights and obligations set forth in this Agreement, (a) from the Effective Date up to the tenth anniversary of the Effective Date, this Agreement shall control; and (b) after the tenth anniversary of Effective Date, thereafter the Rules and Regulations shall control.
ATTACHMENT 2
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(c) Binding Effect. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, legal representatives, successors, and assigns, whether by voluntary action of the parties or by operation of law.
(d) Duplicate Originals; Counterparts. This Agreement may be executed in any number of counterparts, including facsimile counterparts, with the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and constitute the same instrument.
(e) Revision and Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
(f) Assignment; Subdivision . Developer shall not assign this Agreement without the prior written consent of the City, such consent not to be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, this Agreement shall be binding on any successor owner of the Property. In the event Developer subdivides the Property in accordance with its rights [under an applicable development agreement], the Developer and City shall use commercially reasonable efforts to enter into such amendments or replacement agreements of this Agreement to ensure that the intended rights and obligations described hereunder shall be preserved.
(g) Ambiguity; Headings and Construction of Certain Terms. The parties to this Agreement agree that this Agreement shall be construed and interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purposes and intentions of the parties hereto. Words used in this Agreement may be used interchangeably in singular or plural form, and any pronoun shall be deemed to cover all genders. Section headings are for convenience only and shall not be used in interpretation of this Agreeme nt. “Herein,” “hereof” and “ hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or other subdivision; and “Section” refers to the entire section and not to any particular subsection, paragraph or other subdivision.
(h) No Dedication. Any undertaking by one Party to the other Party under any provisions of this Agreement shall not constitute the dedication of the City of Burbank’s electric system or any portion thereof to the public or to the Developer (including its successors, assigns, licensees, customers, invitees, licensees, tenants, lessees, subtenants, concessionaires, officers, employees or agents).
(i) Limitation of Liability . In no event and under no circumstances shall one Party be liable to the other Party for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise for any other economic, consequential, indirect or special ATTACHMENT 2
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damages. The City makes no representations or warranties to the Developer.
(j) Force Majeure. Delay in the performance or non-performance in whole or in part by the City is not a breach of its duty or obligations under this Agreement if such performance has been made impracticable by a Force Majeure. The term “Force Majeure” includes, but is not limited to, war, flood, lightning, drought, earthquake, fire, volcanic eruption, landslide, hurricane, cyclone, typhoon, tornado, explosion, civil disturbance, an act of God or the public enemy, terrorist act, military action, epidemic, famine, plague, action of the court or public authority, strike or go- slow or similar labor difficulty.
(k) Limitation on Remedies; Limitation on Liability. In the event that the City cannot make the energization of the distribution feeders available at the Service Points on or prior to the scheduled completion date, the Developer acknowledges that its sole remedy for such failure is for specific performance by the City to provide sufficient electrical capacity for the Developer’s Minimum Load from any other substation. In no event and under no circumstances shall the City be liable to Developer for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise for any other economic, consequential, indirect or special damages.
(l) No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the Parties.
(m) Governing Law; Jurisdiction. To the extent permitted by applicable law, this Agreement shall be governed by the laws of the State of California (without giving effect to its conflicts of law rules).
[Signature Page and Acknowledgements Follow]
ATTACHMENT 2
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78 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
D EVELOP
ER:
Developer’s Name,
By:
Name:_____________________________
Title:______________________________
Authorized Signatory
C ITY:
Cit
y of Burbank
By:
Name:
Title:
ATTACHMENT 2
A2-8
79 STATE OF )
) ss.
COUNTY OF )
On before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT 2
A2-9
80 E xhibit A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREINBELOW IS SITUATED IN THE CITY OF BURBANK,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL DESCRIPTION:
APN:
Address:
ATTACHMENT 2
A2-10
81 ATTACHMENT 2
A2-11
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STAFF REPORT
DATE
: December 9, 2025
TO: J
ustin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
VIA: Fred Ramirez, Assistant Community Development Director Scott Plambaeck, Planning Manager
Daniel Villa, Principal Planner
BY: Vanessa Quiroz, Senior Planner
SUBJ
ECT: Introduction of an Ordinance Amending the Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to Establish School–Trade/Vocational as a New Use Along With Related Regulations, A llow the Use in M-1 (Limited Industrial) and M-2 (General Industrial) Zones, and Clarify the Permissibility of the Use in Other Non-Residential Zones
RECO
MMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL CODE TO ESTABLISH SCHOOL –TRADE/VOCATIONAL AS A NEW USE ALONG WITH RELATED REGULATIONS, ALLOW THE USE IN M-1 (LIMITED INDUSTRIAL) AND M- 2 (GENERAL INDUSTRIAL) ZONES, AND CLARIFY THE PERMISSIBILITY OF THE USE IN OTHER NON-RESIDENTIAL ZONES. (PROJECT NO. 25-0004932, ZONE TEXT AMENDMENT) (Attachment 1).
EXECU
TIVE SUMMARY
The City proposes the following Ordinance (Ordinance) to amend the Burbank Municipal Code (BMC), Title 10, Chapter 1, Zoning under a Zone Text Amendment (ZTA) to establish trade/vocational schools as a new use differentiated from the BMC’s existing “School” use. The amendments include: 1) adding the use to the Zoning Use List table to permit the use in the industrial zones and clarifying the permissibility of the new use in the City’s non-residential zones, 2) modifying the definitions, and 3) providing a new parking standard requirement for the use. On October 13, 2025, at their regularly
COMMUNITY
DEVELOPMENT
Public Hearing
Item #1
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scheduled meeting, the Planning Commission reviewed and voted 3-0, with two absences, to recommend approval of the ZTA and the associated Ordinance to the City Council.
BACKGROUND
The Community Development Department Planning Division has received prior inquiries about operating a trade/vocational school in the M-1 (Limited Industrial) and M-2 (General Industrial) industrial zones of the City where the “Schools –Public or P rivate” use classification is currently prohibited. The inquiries identify several benefits of allowing trade/vocational schools in the industrial zones, including proximity to future employers that can facilitate internships, job placement, and networking opportunities.
Furthermore, the City’s 2024-2028 Economic Development Strategic Plan (Attachment 3) analyzed emerging economic trends and created an activation plan, identifying Higher Education
1, which includes trade/vocational schools, as one of four emerging industries to retain and attract in the City. Moreover, the City’s industrial zones were identified as having ideal parcels and characteristics to accommodate trade/vocational type tenants.
Existing Permissibility of T rade/Vocational Schools and Proposed Amendment Although the BMC includes a definition for “Trade School” in § 10-1-203, this use is not currently listed in the Zoning Use List (§ 10-1-502). At the same time, the BMC’s existing definition of “School” broadly includes vocational and professional schools, indicating that trade schools are arguably included under the “School – Public or Private” use . This definition groups all school types (e.g., K through 12 schools, pre-schools, childcare, universities, colleges and vocational schools ) into a single use that is prohibited in the City’s industrial zones . However, trade and vocational schools differ from traditional educational institutions. These programs provide hands-on, skills-based training such as welding, automotive repair, machining, and equipment maintenanc e that is more compatible with industrial areas.
To address this, staff recommends amending the BMC to clearly identify trade/vocational schools as a distinct use allow ing it in industrial zones through a discretionary review process. This would ensure compatibility with surrounding industrial operations while preserving existing allowances in non- residential zones where such uses are currently permitted by -right or through an Administrative Use Permit (AUP). Separating trade/vocational schools as their own use will provide clearer regulatory guidance, align
1 City of Burbank 2024- 2028 Economic Development Strategic Plan, “ The Higher Education Sector includes on-ground and online universities, colleges, and other institutions of higher learning such as satellite campuses that provide education, training, and internships. While higher education has significant value as a sector in an economically vibrant and attractive City, its most profound impact is its contribution to fostering innovation, entrepreneurship, research, and development in other sectors, per the World Bank.
With the advent of micro -credentials, the focus on continuous or “just -intime” skill building rather than traditional four -year degrees, the expansion of international education (including how that relates to Foreign Direct Investments (FDI)), and preparing the workforce for the future, this sector has greater value to economic development than its own growth projection.”
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with the City’s 2024 –2028 Economic Development Strategic Plan, and support opportunities for partnerships between schools and nearby employers located in the M-1 and M-2 zones.
Therefore, staff recommends amending Chapter 1, Title 10 (Zoning Regulations) of the BMC through a ZTA, to clearly establish and conditionally permit trade/vocational schools in the City’s M -1 and M -2 industrial zones with related regulations, while updating definitions and continuing to allow the use in existing non-residential zones.
DISCUSSION
Proposed Zone Text Amendment (ZTA)
To establish and permit trade/vocational schools as a use, staff proposes the following amendments to Title 10, Chapter 1 (Zoning) of the BMC (Attachment 4):
1) Amend BMC § 10-1-203 (Definitions) to remove “TRADE SCHOOL,” change the existing definition of “SCHOOL” to remove reference to vocational and professional schools and establish a new definition for “SCHOOL – TRADE/VOCATIONAL.”
The BMC currently includes a definition for “Trade School” , but the use is not separately identified in the Zoning Use List (§ 10-1-502). At the same time, the existing definition of “School” includes vocational and professional schools, creating confusion on how trade and vocational schools are classified and regulated. Th e proposed Ordinance removes the existing “Trade School” definition, revises the existing “School” definition, and creates a new definition for “School –Trade/ Vocational” to clearly distinguish these uses and provide regulatory clarity. The amendments are proposed to read as follows:
• (Revision to existing definition at BMC § 10-1-203) School: Means an establishment or facility used as an institution of learning for minors, whether public or private. This can include institutions that, which offer instruction in those courses of study required by the State Education Code, or which is are maintained pursuant to the standards set by the State Board of Education. This definition includes a child day care facility, kindergarten, elementary school, junior high school, senior high school, colleges, universities and or any special institution of learning under the jurisdiction of the State Board Department of Education and a Vocational or a professional institution. This definition also includes child day care facilities utilized at a school location which are licensed by the State Department of Social Services and the City of Burbank. This definition does not include School- Trade/Vocational.
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• (Deletion of existing definition under BMC § 10-1-203) Trade School: Means an institution offering instruction in a trade or vocation that is not of an academic or professional nature.
• (New category and definition added to BMC § 10-1-203) School- Trade/Vocational: Means an establishment or facility used as an institution of learning that provides specialized training and education in various trades and technical fields that may provide a degree in conjunction with certification. These schools focus on practical, hands -on skills that prepare students for specific careers, such as plumbing, electrical, automotive repair, culinary arts, healthcare, and more.
2) Amend the Zoning Use List in BMC § 10-1-502 (Uses in All Zones (except Residential Zones)) under sub-heading Recreation, Education, and Assembly to add “ School–Trade/ Vocational” as a new use subject to a Conditional Use Permit (CUP) in M-1 (Limited Industrial) and M-2 (General Industrial) zones and maintain existing allowances in other non-residential zones by-right or subject to an AUP, based on the zone or its proximity to residential zones.
• The ZTA creates a new use called “Schools –Trade/Vocational” for schools that provide specialized skill training separate from existing “Schools-Public or Private” that includes childcare, pre-schools, K-12 schools, universities, and colleges and it clarifies the permissibility of the new use in all non-residential zones.
3) Amend BMC § 10-1-1408 (Spaces Required) to establish a parking standard for the “SCHOOL–TRADE/VOCATIONAL.”
This ensures that the BMC includes a clear and objective parking standard for the new “School–Trade/Vocational” use, which reads as follows:
• 1 space per student. Reductions to this parking rate may be granted, subject to the Conditional Use Permit (CUP) process as specified in BMC § 10-1-1934 et. seq. or the applicable discretionary review application required for the use. The applicant shall provide a parking study prepared by a qualified professional to justify the reduced parking rate. Updates to the previously approved parking reductions may be granted under a CUP /AUP Minor Modification, subject to the consideration of a parking study prepared by a qualified professional to justify the reduced parking rate.
Findings for Approval of a Zone Text Amendment
Pursuant to the BMC and California Government Code § 65860, adding a use to the list of permitted uses requires the City Council to first make required findings under BMC § 86 5
10-1-1991 (Requirements for Adding a Use) and meet the objectives and policies specified in the Burbank2035 General Plan (Attachment 1). The proposed ZTA meets the findings in the BMC and is compatible with the Burbank2035 General Plan, the Burbank 2024-2028 Economic Development Strategic Plan , and the Council’s 2025-2026 Economic Development Goals.
Planning Commission Recommendation
The Planning Commission considered the proposed ZTA and associated Ordinance during their noticed meeting on October 13, 2025, following a presentation by staff. No public comments were received prior to or at the public hearing. During deliberation for the item, the Commissioners discussed : the proposed permissibility of the use and whether allowance through an AUP could be more appropriate as they are currently required for schools in certain zones or when located within 150 feet of residential zones; whether the proposed parking standard is appropriate; and whether trade/vocational schools are considered sensitive uses (Attachment 5) . After consideration and discussion, the Planning Commission voted 3-0 , with two absen ces, to adopt the Resolution recommending that Council approve the proposed ZTA and associated Ordinance with an amendment for a typographical revision to the title (Attachment 5).
Subsequent Updates and Clarifications to the ZTA and Associated Ordinance Following Planning Commission’s deliberation, the ZTA and associated Ordinance were updated to: 1) Clarify that trade/vocational schools will be allowed in several other non- residential zones so that e xisting permissibility is carried over for the new use, and 2) Remove an existing “Trade School” definition, which is no longer necessary since the new definition “School–Trade/Vocational” will encompass it. These revisions have been included in the exhibits of the proposed Ordinance (Attachment 1) and the R edlined Ordinance, which depicts the changes that were made since the Planning Commission’s approval (Attachment 2).
COMMUNITY OUTREACH
Staff provided public notice of the City Council’s public hearing to consider the Ordinance in a newspaper of general circulation in the City on November 15 , 2025, in accordance with BMC § 10-1-1994. Additional notifications were distributed via the City Calendar and the Planning Division website. Planning Division staff also reached out to the three existing licensed trade/vocational schools to discuss these proposed amendments, and all schools expressed support.
ENVIRONMENTAL REVIEW
The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines § 15061(b)(3), the common- sense exemption.
CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the 87 6
activity in question could cause a significant effect on the environment, the activity is not subject to CEQA. No unusual circumstances exist that would preclude the use of this exemption. The proposed amendments are an administrative activity of the City, with no potential significant environmental effect on existing development. Furthermore, pursuant to CEQA Guidelines § 15378, this proposed Ordinance is not considered a “project” subject to the requirements of CEQA because the ZTA, on its own, has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and instead involves administrative updates to the BMC. The proposed Ordinance does not effectuate any approval of the use on a particular site and future requests would be evaluated individually for compliance with applicable zoning regulations and CEQA.
FISCAL IMPACT
The proposed Ordinance will have no direct impact to the City’s General Fund as the processing of the amendment is within the 2025-26 Planning Division Budget.
CONCLUSION
The proposed Ordinance will establish “School-Trade/Vocational” as a new use that is distinct from the BMC’s existing “School-Public or Private” use, which is currently prohibited in industrial zones. In addition, it clarifies the permissibility of the use within non-residential zones, updates related definitions and introduces a parking standard tailored to trade and vocational schools. The proposed Ordinance is consistent with the required BMC findings for a new use that will support surrounding uses and can create synergy between schools and existing skill-based industries seeking trained workers for in-demand positions. The proposed Ordinance also advances the goals and policies of the Land Use Element of the Burbank2035 General Plan, the Burbank 2024- 2028 Economic Development Strategic Plan, and City Council’s Economic Development Goals and Strategies by diversifying the City’s economic base and strengthening opportunities to retain and attract new businesses in emerging industries that bolster the community’s long-term economic success.
ATTACHMENTS
Attachment 1 - Proposed Ordinance
Attachment 2 - Redlined Ordinance
Attachment 3 - Burbank 2024-2028 Economic Development Strategic Plan Attachment 4 - Summary of Proposed Amendments
Attachment 5 - Staff Report, Resolution, and Meeting Minutes for the October 13, 2025, Planning Commission Meeting
Correspondences
88 ATTACHMENT 1 – 1
ORDINANCE NO. ________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF
THE BURBANK MUNICIPAL CODE TO ESTABLISH
SCHOOL–TRADE/VOCATIONAL AS A NEW USE ALONG
WITH RELATED REGULATIONS, ALLOW THE USE IN M -1
(LIMITED INDUSTRIAL) AND M-2 (GENERAL INDUSTRIAL)
ZONES, AND TO CLARIFY THE PERMISSIBILITY OF THE
USE IN OTHER NON-RESIDENTIAL ZONES
(PROJECT NO. 25-0004932, ZONE TEXT AMENDMENT)
City Attorney’s Synopsis
This Ordinance amends Burbank Municipal Code (BMC), Title 10 (Zoning Regulations), Chapter 1, Zoning t o Establish “School–Trade/Vocational” as a new use along with related regulations, allows the use in M-1 (Limited Industrial) and M-2 (General Industrial) zones, establishes parking standards for the use, and clarifies the permissibility of the use in all other non-residential zones.
THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:
A. Whereas the Planning Division of the Community Development Department has received past inquiries about permitting trade/vocational school s in M-1 (Limited Industrial) and M-2 (General Industrial) zones, where the use is currently prohibited.
B. Whereas the City’s 2024- 2028 Economic Development Strategic Plan identified Higher Education, which includes trade/vocational schools, as one of four new emerging sectors within the City to retain and attract.
C. Whereas the City of Burbank identified the City’s industrial zones as having ideal parcels and characteristics to accommodate trade/vocational school tenants.
D. Whereas the Burbank Municipal Code (“BMC”) currently includes a “Trade School” definition at Section 10-1-203, the use is not separately listed in the Zoning Use List at Section 10-1- 502. At the same time , t he BMC’s definition of “School” broadly includes vocational and professional schools, so trade schools are included by default under the “School –Public or Private” use. T he use is currently prohibited in industrial zones.
E. Whereas trade/vocational schools provide specialized, hands -on training i n various trades such as industrial -based skills like welding, automotive repairs, and machinery/equipment maintenance which are appropriately suited for industrial areas.
Therefore, the Community Development Department determined that amendments to the BMC are required to : (1) allow the City to better align with the 2024- 2028 Economic 89 ATTACHMENT 1 – 2
Development Strategic Plan, which identifies Higher Education, including trade/vocational school types, as a key emerging sector ; and (2) provide clearer regulatory guidance to enable the City to accommodate vocational/professional schools in appropriate locations while maintaining compatibility with surrounding uses.
F. On October 13, 2025, the Planning Commission held a duly noticed public hearing on the proposed ZTA and associated Ordinance (Project No. 2 5-0004932).
During deliberation, the Commissioners discussed: the proposed permissibility of the use and whether allowance through an AUP could be more appropriate as they are currently required for schools in certain zones or when located within 150 feet of residential zones; whether the proposed parking standard is appropriate; and whether trade/vocational schools are considered sensitive uses. After consideration and discussion, the Planning Commission voted 3-0, with two absen ces, to adopt the R esolution recommending that the City Council of the City of Burbank (“Council”) approve the proposed ZTA and associated Ordinance with an amendment for a typographical revision to the title.
G. The Planning Commission determined that the proposed ZTA and associated Ordinance met the findings required by BMC Section 10 -1-1991 (Requirements for Adding a Use) for the request to add a new land use to the Zoning Use List under BMC Section 10-1-502 and other related regulations.
H. In accordance with California Government Code Section 65860, the proposed ZTA and associated Ordinance were determined to be consistent with the Land Use Element of the Burbank2035 General Plan and compatible with the objectives, policies, general land uses and programs specified therein.
I. The Planning Commission f ound the proposed ZTA and associated Ordinance consistent with Goal 4 of the Burbank 2024- 2028 Economic Development Strategic Plan, to “retain and expand Burbank’s leading and emerging industries to balance the future economy.”
J. The Planning Commission f ound the proposed ZTA and associated Ordinance consistent with the City Council’s 2025- 2026 Economic Development City Goal, to “diversify economic base and retain and attract businesses.” K. Whereas, following the Planning Commission’s deliberation, the ZTA and associated Ordinance were updated to: (1) c larify that trade/vocational schools will be allowed in several other non- residential zones so that existing permissibility is carried over for the new use, (2) remove an existing “Trade School” definition, which is no longer necessary since the new definition “School–Trade/Vocational “ will encompass it. These revisions have been included in the exhibits A and B to the proposed Ordinance.
L. On December 9, 2025, the City Council at its regular meeting, held a public hearing on Project No. 25 -0004932, an Ordinance to adopt the Zone Text Amendment amending the Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to establish School– Trade/Vocational as a new use along with related regulations, allow the use in M -1 90 ATTACHMENT 1 – 3
(Limited Industrial) and M -2 (General Industrial) Zones, and clarify the permissibility of the use in other non-residential zones (“Ordinance”).
M. Said hearing was property noticed in accordance with the provisions of BMC Section 10-1-1994.
N. The Council considered the report and recommendations of the City Planner, the action and recommendations of the Planning Commission as evidenced by its Resolution 3481, and the evidence and testimony presented at such hearing.
O. The Council finds the Ordinance satisfies the findings required by BMC Section 10-1-1991 (Requirements for Adding a Use) to add a new land use to the Zoning Use List at BMC Section 10-1-502 as follows:
1. The addition of the new use will be in accord with the purposes of the zones in which it is proposed to be listed.
The proposed Ordinance incorporates trade/vocational schools as a separate use and extends the use to industrial zones. The inclusion of “ School– Trade/Vocational” in the M -1 (Limited Industrial) and M -2 (General Industrial) zones is in accord with the purposes of those zones. The Burbank2035 General Plan seeks to introduce additional commercial uses that are compatible with the industrial character of the area. As the new use will provide specialized training, hands-on skills, and education in various trades and technical fields, it can provide a workforce to support industries in the M -1 and M-2 zones. This amendment will benefit a variety of creative industries , office uses and emerging economic sectors such as healthcare throughout the entire City.
2. The proposed use is compatible with and has the same basic characteristics as the other permitted uses.
Since trade/vocational schools are already permitted in most of the other non- residential zones throughout the City and their existing permissibility will be carried over into the new use, the use will continue to be compatible with the characteristics in those zones. For the added M-1 and M -2 industrial zones , although they are primarily intended to accommodate manufacturing and warehousing uses, the BMC Zoning Use List already permits a variety of other land uses in these areas including lodging, retail and service uses, recreational, professional and medical office, and media supporting uses. Among the permitted uses in these zones are two related to the proposed new use:
Meeting Hall (Planning Policy #502-1) and Personal or Physical Arts Studios.
Additionally, the introduction of a “School–Trade/Vocational” use to industrial zones will offer training and certification for skills that may be in demand by surrounding businesses. The Burbank2035 General Plan includes goals and policies that encourage a diverse range of uses throughout the City. Therefore, the proposed use is compatible with and has the same basic characteristics as 91 ATTACHMENT 1 – 4
other permitted uses currently allowed in the M -1 and M -2 zones and will continue to be compatible with uses in the other non-residential zones.
3. The proposed use can be expected to conform with the required conditions for the zone.
All permitted uses in the City of Burbank must comply with applicable regulations and development standards outlined in the BMC, such as parking standards, site maintenance, site improvements, et cetera. As such, existing trade/vocational schools are already required to comply with these regulations.
As required by BMC Sections 10-1-1936 (CUP) and 10- 1-1956 (AUP), new “School–Trade/Vocational” uses in the M-1 and M-2 zones shall be reviewed against applicable requirements to ensure that a given site has the capacity in terms of size and shape to accommodate the use, that the streets around the site can carry the traffic to be generated by the proposed use, and that the use is compatible with other uses on the same lot as well as those in the general area. Therefore, the proposed use which will be either subject to a CUP in the M-1 and M -2 zones, or an AUP in certain cases when located in other non- residential zones, can be expected to conform with the required conditions for the subject zones in which the use is newly proposed.
4. The proposed use will not be detrimental to the public health, safety or welfare.
Adding “School–Trade/Vocational” in the Zoning Use List is not anticipated to be detrimental to the public health, safety or welfare. The use provid es specialized skill training and education that will serve as a supporting use to the industries and businesses in industrial zones and citywide. The proposed Ordinance seek s to distinguish trade/vocational schools from the general school use which includes K -12 schools, childcare, colleges, and universities.
Since trade/vocational schools are already permitted in the City , the use will continue to adhere to the requirements of Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 (Zoning Regulations) of the BMC, California Building Code, and the California Fire Code . Additionally, proposed schools subject to an AUP or CUP shall be reviewed under a discretionary review process. Under this process, the operation of the school will be analyzed against required findings that must be satisfied before approved to ensure compatibility with the surrounding properties and to protect the public health, convenience, safety and welfare. Therefore, the proposed use will not result in a detrimental impact to public health, safety, or welfare.
5. The proposed use will not adversely affect the character of the zone.
Trade/vocational schools are already permitted either by-right or under an AUP, in most of the non-residential zones and were thus deemed compatible within these zones. The proposed Ordinance extends the use to the industrial zones.
The M-1 and M-2 zones currently allow for a variety of uses including, but not 92 ATTACHMENT 1 – 5
limited to warehouse, manufacturing, lodging, retail and service, recreational, professional office, and media supporting uses. Additionally, the Burbank2035 General Plan includes Land Use Element goals and policies to promote diverse land uses in these areas, which include the Golden State Commercial/Industrial and North Victory Commercial/Industrial land use designations. This Ordinance will clarify that trade/vocational schools are allowed in the majority of non- residential zones and will also facilitate new opportunities for specialized skill training and certification that can support businesses in the industrial zones in a manner consistent with the 2024- 2028 Economic Development Strategic Plan and the 2025- 2026 City Council Economic Development Goals focused on diversification of the economic base and retention and attraction of new businesses that support local industries . Therefore, the proposed use will continue to be compatible with other non- residential zones where the use is already permitted and will be compatible with existing uses permitted in the industrial zones and thus will not adversely affect the character of any of the non-residential zones where the use will be permitted.
6. The proposed use will not create more vehicular or other traffic than the volume normally created by any of the uses permitted.
Since trade/vocational schools are an existing permitted use in most of the non- residential zones under the “School—Public or Private” in the Zoning Use List, the proposal to separate the use and carry over permissibility under the new use is not expected to generate more vehicular traffic where the use is already permitted. For the addition of the use to industrial zones, t he M -1 and M -2 zones currently allow for a variety of uses with differing parking requirements that include uses with the most stringent parking standards such as full-service restaurants and auditorium/meeting halls. Additionally, the new “ School– Trade/Vocational” use in the industrial zones will be subject to the CUP review process of which one of the six required findings is that “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.” New trade/vocational schools in the other non-residential zones might be subject to an AUP process . Under review of an AUP or CUP, the Community Development Department’s Transportation and Planning Division will also review the trips generated by the use. If it is determined that the use may cause impacts, additional analysis, mitigation measures, conditions of approval, and/or alternatives will be required. Therefore, the proposed use is not anticipated to create more vehicular or other traffic in the non- residential zones where the use is already allowed nor more than the volume normally created by any of the uses permitted in the M -1 and M -2 industrial zones .
Should a specific school subject to an AUP or CUP result in additional traffic volume, this site -specific impact shall be reviewed and considered under the entitlement review process.
93 ATTACHMENT 1 – 6
7. The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by any of the permitted uses.
The new use proposed under the Ordinance will define trade-based educational schools as a new use allowed in the M-1 and M-2 industrial zones, subject to a CUP discretionary review process. In other non-residential zones, the use will be subject to an AUP process . The AUP and CUP process es will assess a given school’s operation against required findings to assure compatibility and protect the public health, convenience, safety and welfare.
Per BMC Section s 10-1-1937 and 10- 1-1957, either the Director of the Community Development Department or the Planning Commission may impose further requirements and limitations on a use to regulate site and facility operation characteristics to minimize any potential impacts and nuisances.
Additionally, the use must adhere to Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 of the BMC the California Building Code, and the California Fire Code during building improvements and operation, as required for all businesses in the City. Therefore, the proposed use would not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by other permitted uses.
8. The proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.
The proposed Ordinance separates trade/vocational schools , which provide specialized skills and training as a new use, which will continue to be allowed in the existing non-residential zones it is already permitted. Additionally, the proposal will conditionally permit the new use in existing M-1 and M-2 industrial zones. These zones allow businesses that handle, fabricate, process, and manufacture raw and potentially hazardous materials, either by -right or conditionally through a CUP. Should any proposed future school handle hazardous material, their operation shall be carefully analyzed under the CUP discretionary review process to ensure the use will not be detrimental to the surrounding properties and conditions can be imposed to safeguard public health, convenience, safety, and welfare. Further, all trade/vocational schools shall be subject to Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 (Zoning Regulations) of the BMC, the California Building Code, and the California Fire Code. Therefore, the proposed use will not create any greater hazard of fire or explosion than hazards normally created by any of the permitted uses in the industrial zones and throughout the City.
9. The proposed use will not cause substantial injury to the values of property in the zone in which it is proposed to be listed or in any abutting zone.
The inclusion of the “School–Trade/Vocational” use in the Zoning Use List will provide clarity on the permissibility of the use now conditionally permitted in M- 94 ATTACHMENT 1 – 7
1 and M -2 zones. The additional permitted zones allow for specialized work - based training and education in the City’s workforce areas helping to bolster and expand the economic base by creating schools for specific trades, which can in turn help retain and attract new businesses to the City. The proposed Ordinance requires that all new “ School–Trade/Vocational” uses comply with relevant development standards and discretionary review process, if required.
For those subject to a discretionary application, the process adds a layer of review that considers compatibility with surrounding properties as a required finding for approval. Moreover, the proposed Ordinance will further diversify land uses permitted in the industrial zones, which can help make the properties in these areas more viable as trade and vocational school sites to support existing and new businesses consistent with the City’s Economic Development Strategies and City Council Economic Goals. Therefore, addi ng trade/vocational school as a separate use and extending permissibility to industrial zones is not anticipated to cause substantial injury to the values of property in which it is proposed to be listed or in any abutting zone.
P. In accordance with California Government Code Section 65860, the Council must find the Ordinance consistent with the objectives, policies, general land uses, and programs specified in the Burbank2035 General Plan. The proposed Ordinance is consistent with the following City plans, goals, and policies:
• Land Use Element of the Burbank2035 General Plan:
o Goal 6: Economic Vitality and Diversity: Burbank has a healthy and diverse economy and provides for a full range of retail, commercial, office, and industrial uses.
Businesses contribute to community character and
economic vitality by supporting neighborhood,
community, and regional needs and providing diverse
employment options.
o Policy 6.1 of Goal 6: Recruit and attract new businesses.
Use these businesses to act as catalysts to attract other businesses. Continue to utilize public ‐private
partnerships and other incentives to enhance economic
vitality.
o Policy 12.3 : Ensure that a balanced mix of commercial and industrial uses is provided in the Golden State
Commercial/Industrial area.
• Burbank 2024-2028 Economic Development Strategic Plan:
o Goal 4: Retain and expand Burbank’s leading and emerging industries to balance the future economy.
95 ATTACHMENT 1 – 8
• 2025-2026 Economic Development City Council Goal:
o Diversify economic base and retain and attract businesses.
The proposed Ordinance adding “School–Trade/Vocational” as a new use, continue s to allow for skill-based professional training throughout the City, as well as extends the use to industrial areas of Burbank, furthering several of the City’s plans, goals, and policies.
This enables a diverse economic base by allowing an expanded range of uses providing workforce training and development that can help and attract new businesses seeking access to these workforces and thereby enhance the City’s long-term economic viability.
The addition of professional schools in M -1 and M -2 industrial zones will facilitate the creation of a pipeline of trained workers for surrounding skill -based employers.
Additionally, the Ordinance adds to the mixed commercial and industrial uses in these zones, reinforcing the objective of the Land Use designation for the Golden State District, which primarily consist of M-1 and M-2 zoned parcels. Thus, the proposed Ordinance not only meet s the Burbank2035 General Plan but implement s City Council- adopted Economic Development Goals and the 2024- 2028 Economic Development Strategic Plan.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Findings. All findings set forth above are true and correct and incorporated herein as if restated in their entirety.
Section 2. Amendment to Burbank Municipal Code (“BMC”) Section 10-1- 203 (Definitions). BMC Section 10-1-203 is hereby amended to include the following changes: (1) revise the “SCHOOL” definition to remove reference to a vocational and professional school, (2) remove the “TRADE SCHOOL” definition, and (3) add “SCHOOL–TRADE/VOCATIONAL ” definition that will include a variety of vocational schools, as shown in Exhibit A to this Ordinance, attached and incorporated herein.
Section 3. Amendment to BMC Section 10 -1-502, Uses in All Zones ( Except Residential Zones). Table 10-1-502 is hereby amended under sub- header Recreation, Education, and Assembly to add “ School–Trade/Vocational” as a new use permitted as shown in Exhibit B to this Ordinance, attached and incorporated herein.
Section 4. Amendment to BMC Section 10 -1-1408 (Space Required) . BMC Sections 10-1-1408 is hereby amended and restated to establish a parking standard for the SCHOOL –TRADE/VOCATIONAL use as shown in Exhibit C of thi s Ordinance, attached and incorporated herein.
S ection 5. 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.
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Section 6. Environmental Assessment . This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”). The activity is covered by the “common-sense” exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines § 15061(b)(3)). 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 but instead involves administrative and procedural updates to the BMC. The Ordinance does not effectuate any approvals of the use on a particular site. The City Planner shall file a Notice of Exemption with the Los Angeles County Clerk and the State Clearinghouse, within 5 days of the City Council’s approval.
Section 7. E
ffective 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
Approved as to Form:
Attest: Office of the City Attorney
______________________________ _________________________ Kimberley Clark, City Clerk Jill Vander Borght
Chief Assistant City Attorney
97 ATTACHMENT 1 – 10
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
98 ATTACHMENT 1 – 11
EXHIBIT A TO ATTACHMENT 1
99 ATTACHMENT 1 – 12
Amendments to Burbank Municipal Code Section 10-1-203 (Definitions) to amend the existing definition of “SCHOOL” to remove reference to vocational and professional schools, establish a new definition for “SCHOOL– TRADE/VOCATIONAL” that will include a broad variety of vocational schools, and remove the “TRADE SCHOOL” definition.
Revisions are Bold and underlined and deletions are marked in strikethrough:
SCHOOL: Means an establishment or facility used as an institution of learning for minors, whether public or private. This can include institutions that, which offer instruction in those courses of study required by the State Education Code , or which is are maintained pursuant to the standards set by the State Board of Education. This definition includes a child day care facility, kindergarten, elementary school, junior high school, senior high school, colleges, universities and or any special institution of learning under the jurisdiction of the State Board Department of Education and a Vocational or a professional institution . This definition also includes child day care facilities utilized at a school location which are licensed by the State Department of Social Services and the City of Burbank.
This definition does not include School- Trade/Vocational.
SCHOOL—TRADE/VOCATIONAL: Means an establishment or facility used as an institution of learning that provides specialized training and education in various trades and technical fields that may provide a degree in conjunction with certification. These schools focus on practical, hands -on skills that prepare students for specific careers, such as plumbing, electrical, automotive repair, culinary arts, healthcare, and more.
TRADE SCHOOL: Means an institution offering instruction in a trade or vocation that is not of an academic or professional nature.
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ATTACHMENT 1 – 13
EXHIBIT B TO ATTACHMENT 1
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ATTACHMENT 1 – 14
Amendment the Zoning Use List in BMC 10-1-502 under sub-heading Recreation, Education, and Assembly to add “School–Trade/Vocational” as a new use subject to a Conditional Use Permit (CUP) in M-1 (Limited Industrial) and M-2 (General Industrial) zones and continue to allow in other non- residential zones by-right or subject to an AUP, based on the zone or its proximity to residential zones.
The new use and permissibility are Bold and underlined.
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ATTACHMENT 1 – 15
EXHIBIT C TO ATTACHMENT 1
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ATTACHMENT 1 – 16
Amendments to BMC Section 10-1-1408 (Spaces Required) to establish a parking standard for the SCHOOL–TRADE/VOCATIONAL use.
Parking standard addition is Bold and underline. Deletions are marked in strikethrough:
DIVISION 2. PARKING REQUIREMENTS
10-1-1408: SPACES REQUIRED:
The following off-street parking spaces shall be provided:
Uses Parking Spaces Requires
1. Residential Uses: As provided for each residential zone in Article 6 of this chapter.
2. Commercial Uses Outside of
Central Business District
Downtown Parking Area:
(a) Banks and savings and loan
institutions
4 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(b) Bowling Alleys 4 spaces for each bowling lane.
(c) Gymnasiums and health
studios
6 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(d) Offices - General 3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(e) Offices - Medical 5 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(f) Mortuaries and funeral
homes
1 space for every 3 fixed seats and 1 space
for each 21 sq. ft. of adjusted gross floor
area available for assembly without fixed
seats.
(g) Places of public assembly1,
banquet facilities, exhibition
halls, theaters, and
convention halls
1 space for every 5 fixed seats and 1 space
for each 28.6 sq. ft. of adjusted gross floor
area available for assembly without fixed
seats.
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ATTACHMENT 1 – 17
Uses Parking Spaces Requires
(h) Restaurant with full service,
fast service2; cocktail
lounge/bar
10 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
3.3 spaces for each 1,000 sq. ft. of adjusted
gross floor area with an Administrative Use
Permit.
(i) Restaurants, cafes, cocktail
lounges and bars, which are
an integral part of a hotel or
motel
5 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(j) General - retail 3.3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(k) Shopping centers 5 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(l) Mini-malls 10 spaces for each 1,000 sq. ft. of adjusted gross floor area, or 1 space for each 100 sq.
ft. of adjusted gross floor area. (Conditional
Use Permit may reduce up to 50 percent
required parking).
(m) Museum 1 space for each 300 sq. ft. of exhibit area and 1 space for every 5 seats, depending
on the exact nature of the museum.
(n) Arcades/billiard parlors 5 spaces for each 1000 sq. ft. of adjusted gross floor area. (Additional parking spaces
are required pursuant to Section10-1-
1405.5)
(o) Personal or Physical Arts
Studio, Rehearsal Studio
(less than 1,500 sq. ft.) 3.3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(1,500 sq. ft. to 2,500) 4 spaces for each 1,000 sq. ft. of adjusted gross floor area.
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ATTACHMENT 1 – 18
Uses Parking Spaces Requires
(greater than 2,500 sq. ft.) 6 spaces for each 1,000 sq. ft. of adjusted gross floor area.
3. Commercial Uses Inside the
Central Business District
Downtown Parking Area:
4. Industrial Uses:
(a) Manufacturing and industrial
and wholesale trade.
1 space for each 500 sq. ft. of adjusted
gross floor area.
(b) Warehouses and buildings
used in whole or in part for
storage purposes.
1 space for each 1,000 sq. ft. of adjusted
gross floor area.
5. Other Uses:
(a) Convalescent homes 5 spaces for every 12 beds or fraction thereof.
(b) Hospitals Conditional Use Permit.
(c) Clubs 1 space guest room.
(d) Hotels and motels 1 space for each room.
(e) Automotive repair shops 3 spaces for each bay or 1 space for each 250 sq. ft. of adjusted gross floor area,
whichever is greater. Service bays shall not
be counted as required spaces.
(f) Child Day Care Facilities 1 space for every 8 children and 1 space for each State Department of Social Services
required employee.
(g) School–Trade/Vocational 1 space per student. Reductions to this parking rate may be granted, subject to
the Conditional Use Permit (CUP)
process as specified in BMC Section 10-
1-1934 et. seq. or the applicable
discretionary review application required
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ATTACHMENT 1 – 19
Uses Parking Spaces Requires
for the use. The applicant shall provide a
parking study prepared by a qualified
professional to justify the reduced
parking rate. Updates to previously
approved parking reductions may be
granted under a CUP/AUP Minor
Modification, subject to the
consideration of a parking study
prepared by a qualified professional to
justify the reduced parking rate.
(g)
(h)
Sober Living Facility 1 on-site parking space for every 3 residents and 1 additional on-site parking
space for each on-site resident manager
and 1 space for each 28.6 square feet of
meeting area used for assembly purposes if
meetings area used for assembly purposes
if meetings are held involving persons other
than residents of the facility.
(h)
(i)
Massage Parlors 5 spaces for each 1,000 feet of adjusted gross floor area
(i)
(j)
Adult businesses As specified in Section 10-1-1120
(j)
(k)
Designated Media-Related
Uses within 150 Feet of
Residentially-Zone Property:
(i) Film and Sound Editing 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(ii) Studio - Art and
Graphic Arts
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(iii) Studio - Broadcasting 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(iv) Studio - Recording
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ATTACHMENT 1 – 20
Uses Parking Spaces Requires
(v) Video, Audio, Film
Duplication
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(vi) Video, Audio, Film
Storage/Vault
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(vii) Foley Stage (Sound
Effects)
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(viii) Film/TV sound mixing -
no seating area
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(ix) Motion Picture Studio 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(x) Rehearsal Studios - no
recording equipment
Conditional Use Permit3
(xi) Sound Stages Conditional Use Permit3
(k)
(l)
Uses not specified Conditional Use Permit3
To be determined by the Planning
Commission based upon comparable
requirements for specified uses.
1 Places of Public Assembly shall include the following: a music recording studio with more than 1000 sq. ft. of adjusted gross floor area per single room of recording area; a mixing studio with more than 1000 sq. ft. of adjusted gross floor area per single room of recording area; a music scoring stage/room with more than 1000 sq. ft. of adjusted gross floor area; a voice over/ADR (Automated Dialog Replacement) stage larger than 600 sq. ft. of adjusted gross floor area; voice audition/casting room or office; any single recording room/space larger than 1000 sq. ft. of adjusted gross floor area; a film/tv mixing stage with more than ten (10) fixed audience seats, and; a screening room larger than 300 sq. ft. of adjusted gross floor area, or with more than ten (10) fixed seats.
2 Restaurant uses up to 2,000 square feet in gross floor area may locate in a space previously occupied by a retail or office tenant without having to provide additional parking with approval of an Administrative use Permit (AUP).
3 For portion of use utilized as “place of public assembly,” use must meet parking requirement for places of public assembly set forth in this section. [Amended by Ord. 22- 3,983, eff. 12/16/22; Formerly numbered Section 31-165; 3776, 3568, 3557, 3537, 3491, 3464, 3457, 3400, 3316, 3298, 3284, 3109, 3058, 2829, 2698, 2599, 2193.]
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ATTACHMENT 2 – 1
ORDINANCE NO. ________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK MUNICIPAL CODE TO
ESTABLISH AND PERMIT SCHOOL-ADULT / VOCATIONAL /
TRADE/VOCATIONAL AS A NEW USE ALONG WITH RELATED REGULATIONS, ALLOW THE USE IN M -1 (LIMITED INDUSTRIAL) AND M -2 (GENERAL
INDUSTRIAL) ZONES, AND TO CLARIFY THE PERMISSIBILITY OF THE USE IN OTHER NON- RESIDENTIAL ZONES IN M-1 (LIMITED INDUSTRIAL) AND M -2 (GENERAL INDUSTRIAL) ZONES AND RELATED REGULATIONS
(PROJECT NUMBER 25-0004932, ZONE TEXT AMENDMENT)
City Attorney’s Synopsis
This Ordinance amends Burbank Municipal Code (BMC), Title 10 (Zoning Regulations), Chapter 1, Zoning to Establish and Permit “School - Adult / Vocational / Trade/Vocational” as a new use along with related regulations, allows the use in M- 1 (Limited Industrial) and M-2 (General Industrial) Zones, establishes parking standards for the use, and clarifies the permissibility of the use in other non-residential zones. in the M- 1 (Limited Industrial) and M-2 (General Industrial) Zones and Related Regulations.
THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:
A. Whereas the Planning Division of the Community Development Department has received several past inquiries about permitting trade/vocational schools in M-1 (Limited Industrial) and M -2 (General Industrial) zones , where the use is currently prohibited.
B. W hereas the City’s 2024- 2028 Economic Development Strategic Plan (1) identified Higher Education, which includes trade/vocational schools, as one of the four new emerging sectors within the City to retain and attract.
C. Whereas the City of Burbank ; and (2) identified the City’s industrial zones as having ideal parcels and characteristics that could to accommodate trade/vocational school higher education tenants, such as vocational schools.
DC. Whereas the Burbank Municipal Code (“BMC”) currently includes a “Trade School” definition at Section 10-1-203, the use is not separately listed in the Zoning Use List at Section 10-1- 502. At the same time , t he BMC’s definition of “School” broadly includes vocational and professional schools, so trade schools are arguably included by default under the “School – Public or Private” use. T he use is prohibited in industrial zones.
109
ATTACHMENT 2 – 2
a vocational school currently falls under the BMC’s “SCHOOL - PUBLIC OR PRIVATE” use which includes all schools from K-12th grade, vocational schools, and adult schools under one category. These uses are prohibited in M-1 (Limited Industrial) and M- 2 (General Industrial) zones which were deemed unfit and incompatible for the use.
ED. Whereas trade/vocational schools provide specialized, hands-on training on various trades such as industrial -based skills like welding, automotive repairs, and machinery/equipment maintenance which are appropriately suited for industrial areas.
Therefore, the Community Development Department determined that amendments to the BMC are required to : (1) allow the City to better align with the 2024- 2028 Economic Development Strategic Plan, which identifies Higher Education, including trade/vocational school types, as a key emerging sector ; and (2) to clearly distinguish trade/vocational schools as a separate land use allowed provide clearer regulatory guidance to further enable the City to accommodate vocational/professional schools in appropriate locations while maintaining compatibility with surrounding uses.
FE. On October 13, 2025, the Planning Commission held a duly noticed public hearing on this Ordinance (Project No. 25- 0004932). During deliberation, the Commissioners discussed: the proposed permissibility of the use and whether allowance through an AUP could be more appropriate as they are currently required for schools in certain zones or when located within 150 feet of residential zones; whether the proposed parking standard is appropriate; and whether trade/vocational schools are considered sensitive uses. After consideration and discussion, the Planning Commission voted 3- 0, with two absences, to adopt the Resolution recommending that the City Council of the City of Burbank (“Council”) approve the proposed ZTA and associated Ordinance with an amendment for a typographical revision to the title. and at such hearing recommended that the City Council of the City of Burbank (“Council”) approve Zone Text Amendment (ZTA) and associated Ordinance with an amendment, to establish and permit “S chool - Adult / Vocational / T rade” as a new use in M -1 (Limited Industrial) and M -2 (General Industrial) zones and related regulations.
GF. The Planning Commission found determined that the proposed ZTA and associated Ordinance met the required findings required by under BMC Section 10 -1- 1991 (Requirements for Adding a Use) for the request to add a new land use to the Zoning Use List under BMC Section 10-1-502 and other related regulations.
HG. I
n accordance with California Government Code Section 65860, the proposed ZTA and associated Ordinance were determined to be consistent with the Land Use Element of the Burbank2035 General Plan and compatible with the objectives, policies, general land uses and programs specified therein.
IH. T he Planning Commission f ound the proposed ZTA and associated Ordinance consistent with Goal 4 of the Burbank 2024- 2028 Economic Development Strategic Plan, to “retain and expand Burbank’s leading and emerging industries to balance the future economy.”
110
ATTACHMENT 2 – 3
JI. The Planning Commission f ound the proposed ZTA and associated Ordinance consistent with the City Council’s 2025- 2026 Economic Development City Goal, to “diversify economic base and retain and attract businesses.” KJ . Whereas, following the Planning Commission’s deliberation, the ZTA and associated Ordinance were updated to: (1) c larify that trade/vocational schools will be allowed in several other non- residential zones so that existing permissibility is carried over for the new use, (2) remove an existing “Trade School” definition, which is no longer necessary since the new definition “School –Trade/Vocational “ will encompass it. These revisions have been included in the exhibits A and B to the proposed Ordinance.
LK. On December 9, 2025, the City Council at its regular meeting, held a public hearing on Project No. 25- 0004932, an Ordinance to adopt the Zone Text Amendment amending the Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to establish School– Trade/Vocational as a new use along with related regulations, allow the use in M -1 (Limited Industrial) and M -2 (General Industrial) Zones, and clarify the permissibility of the use in other non-residential zones (“Ordinance”).
ML. Said hearing was property noticed in accordance with the provisions of BMC Section 10-1-1994.
NM. The Council considered the report and recommendations of the City Planner, the action and recommendations of the Planning Commission as evidenced by its Resolution 3481, and the evidence and testimony presented at such hearing.
OM. The Council finds the Ordinance meets satisfies the required findings under required by BMC Section 10-1-1991 (Requirements for Adding a Use) to add a new land use to the Zoning Use List at BMC Section 10-1-502 as follows:
1. The addition of the new use will be in accord with the purposes of the zone in which it is proposed to be listed.
The proposed Ordinance incorporates trade/vocational schools as a separate use and extends the use to industrial zones. The inclusion of “School – Adult / Vocational /Trade/Vocational” as a conditionally permitted use (CUP) in the M- 1 (Limited Industrial) and M -2 (General Industrial) zones is in accord with the purposes of those zones. The M-1 and M-2 industrial zones are predominantly located within the Golden State Commercial/Industrial area near the Burbank Airport and the North Victory Commercial/ Industrial area south of State Highway 5 and Downton Burbank, except for one property along the south-east city boundary. The Burbank2035 General Plan seeks to introduce additional commercial uses that are compatible with the industrial character of the area.
As the new use will provide specialized training, hands-on skills, and education in various trades and technical fields, it can provide a workforce to support the industries in the M -1 and M -2 zones. This amendment will benefit industrial uses, the Burbank Airport, media studios, but a variety of creative industries, 111
ATTACHMENT 2 – 4
office uses and emerging economic sectors such as healthcare throughout the entire City.
2. The proposed use is compatible with and has the same basic characteristics as the other permitted uses.
Since trade/vocational schools are already permitted in most of the other non- residential zones throughout the City and their existing permissibility will be carried over into the new use, the use will continue to be compatible with the characteristics in those zones. For the added Although the M-1 and M -2 industrial zones , although they are primarily intended to accommodate manufacturing and warehousing uses, the BMC Zoning Use List already permits a variety of other land uses in these areas including lodging, retail and service uses, recreational, professional office, and media supporting uses.
Among the permitted uses in these zones are two related to the proposed new use: Meeting Hall ( Planning Policy #502- 1) and Personal or Physical Arts Studios. Additionally, a the introduction of the “ School–Adult / V ocational / Trade/Vocational” use to industrial zones will offer training and certification for skills that may be in demand by surrounding businesses. The Burbank2035 General Plan includes goals and policies t hat encourage a diverse range of uses, not only in these zones but throughout the City. Therefore, the proposed use would be is compatible with and hasve the same basic characteristics as other permitted uses currently allowed in the M -1 and M -2 zones and will continue to be compatible with uses in the other non-residential zones.
3. The proposed use can be expected to conform with the required conditions for the zone.
All permitted uses in the City of Burbank must comply with applicable regulations and development standards outlined in the BMC, such as parking standards, site maintenance, site improvements, et cetera. As such, existing trade/vocational schools are already required to comply with these regulations.
As required by BMC Sections 10-1-1936 (for uses subject to a CUP) and 10-1- 1956 (AUP), the new “School – Adult / Vocational / Trade/Vocational” uses in the M -1 and M -2 zones shall be reviewed against the findings applicable requirements required to ensure that a given the site has the capacity in terms of size and shape to accommodate the use, that the streets around the site can carry the traffic to be generated by the proposed use, and that the use is compatible with other uses on the same lot as well as those in the general area.
Therefore, the proposed use which will be either, subject to a CUP in process can be expected to conform with the required conditions for the M-1 and M-2 zones, or an AUP in certain cases when located in other non-residential zones, can be expected to conform with the required conditions for the subject zones in which the use is newly proposed.
4. The proposed use will not be detrimental to the public health, safety or welfare. 112
ATTACHMENT 2 – 5
Adding Allowing “School – Adult / Vocational / Trade/Vocational” as a new use in the Zoning Use List M-1 and M -2 industrial zones is not anticipated to be detrimental to the public health, safety or welfare. The use consists of providesing specialized skill training and education that will serve as a supporting use to the industries and businesses in the industrial zones and citywide. The proposed Ordinance seek s to distinguish trade/vocational schools from the general school use which includes K -12 schools, childcare, colleges, and universities . All proposed schools shall be subject to a CUP discretionary review process. Under this process, the operation of the school will be analyzed against the required findings that must be satisfied before it is approved to ensure compatibility with the surrounding properties and to protect the public health, convenience, safety and welfare. Furthermore, the Since trade/vocational schools are already permitted in the City, the use will be continue to required to adhere to the requirements of Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 (Zoning Regulations) of the BMC, California Building Code, and the California Fire Code that include building improvement and operational standards. A dditionally, proposed schools subject to an AUP or CUP shall be reviewed under a discretionary review process. Under this process, the operation of the school will be analyzed against required findings that must be satisfied before approved to ensure compatibility with the surrounding properties and to protect the public health, convenience, safety and welfare. Therefore, the proposed conditionally permitted use will not result in a detrimental impact to public health, safety, or welfare.
5. The proposed use will not adversely affect the character of the zone.
Trade/vocational schools are already permitted either by-right or under an AUP, in most of the non-residential zones and were thus deemed compatible within these zones. The proposed Ordinance extends the use to the industrial zones.
Although the M-1 and M-2 zones serve as the industrial zones for the City, they currently allow for a variety of uses including, but not limited to warehouse, manufacturing, lodging, retail and service uses, recreational, professional office, and media supporting uses. Additionally, the Burbank2035 General Plan includes Land Use Element goals and policies to promote diverse land uses in these areas, which include the Golden State Commercial/Industrial and the North Victory Commerci al/Industrial land use designations. This Ordinance ZTA proposes adding a use that will clarify that trade/vocational schools are allowed in the majority of non- residential zones, but will also facilitate new opportunities for specialized skill training and certification that can support existing industries in the businesses in the industrial affected zones and citywide in a manner consistent with the 2024 -2028 Economic Development Strategic Plan and the 2025-2026 City Council Economic Development Goals that are focused on diversification of the economic base and retention and attraction of new businesses that support local industries. Therefore, the 113
ATTACHMENT 2 – 6
proposed use will continue to be compatible with other non- residential zones where the use is already permitted and will be compatible with the existing uses permitted in the industrial zones and thus will not adversely affect the character of the any of the non-residential zones where the use will be permitted.
6. The proposed use will not create more vehicular or other traffic than the volume normally created by any of the uses permitted.
Since trade/vocational schools are an existing permitted use in most of the non- residential zones under the “School -Public or Private” in the Zoning Use List, the proposal to separate the use and carry over permissibility under the new use is not expected to generate more vehicular traffic where the use is already permitted. For the addition of the use to industrial zones, t The M-1 and M -2 zones currently allow for a variety of uses with differing parking requirements that include uses with the most stringent parking standards such as full service restaurants and auditorium/meeting halls. Additionally, the new “ School–Adult / Vocational /Trade/Vocational” use in the industrial zones will be subject to the CUP review process of which one of the six required findings is requires that “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.” New trade/vocational schools in the other non-residential zones might be subject to an AUP process. Under review of the an AUP or CUP, the Community Development Department’s Transportation Planning Division will also review the trips generated by the use. If it is determined that the use may cause impacts, additional analysis, mitigation measures, conditions of approval, and/or alternatives will be required.
Therefore, the proposed use is not anticipated to create more vehicular or other traffic in the non-residential zones where the use is already allowed nor more than the volume normally created by any of the uses permitted in the M -1 and M-2 industrial zones. Sand should a specific school subject to an AUP or CUP at a proposed site result in additional traffic volume, this site -specific impact shall be reviewed and considered under the CUP entitlement review process. before the Planning Commission canto consider approval of the proposed use.
7. The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by any of the permitted uses.
The new use proposed under the proposed Zone Text Amendment and associated Ordinance will allow separate trade-based educational adult schools as its own use and will allow the use in the in M-1 and M-2 industrial zones, subject to a CUP discretionary review process. In some of the other non-residential zones, the use will be subject to an AUP process. The AUP and CUP is processes will assess a given school’s operation against required findings to assure compatibility and protect the public health, convenience, safety and welfare. Per BMC Sections 10-1-1937 and 10-1- 1957, either the Director of the Community Development Department and (Conditions), the 114
ATTACHMENT 2 – 7
Planning Commission may impose further requirements and limitations on a use to regulate site and facility operation characteristics to minimize any potential impacts and nuisances. Additionally, the use must adhere to Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 of the BMC the California Building Code, and the California Fire Code during building improvements and operation, as required for all businesses in the City.
Therefore, the proposed use would not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by other any of the permitted uses.
8. The proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.
The proposed Zone Text Amendment and associated Ordinance separates trade/vocational schools, provide specialized skills and training as a new use, which continue to be allowed in the existing non-residential zones it is already permitted. Additionally, the proposal will conditionally permit the new use adult based vocational and trade schools in existing M-1 and M-2 industrial zones.
These zones allow businesses that handle, fabricate, process, and manufacture raw and potentially hazardous materials, either by -right or conditionally through a CUP. Should any proposed future school handle hazardous material, their operation shall be carefully analyzed under the CUP discretionary review process to ensure the use will not be detrimental to the surrounding properties and conditions can be imposed to safeguard public health, convenience, safety, and welfare. Further, the use all trade/vocational schools shall would be subject to Article 17 (Protections Against Nuisances) of Chapter 1, Title 10 (Zoning Regulations) of the BMC, the California Building Code, and the California Fire Code. Therefore, the proposed use will not create any greater hazard of fire or explosion than hazards normally created by any of the permitted uses in the industrial zones and throughout the City.
9. The proposed use will not cause substantial injury to the values of property in the zone in which it is proposed to be listed or in any abutting zone.
The inclusion of the “School – Adult / Vocational / Trade/Vocational” use in the Zoning Use List will provide clarity on the permissibility of the use now conditionally permitted in M-1 and M-2 zones. The additional permitted zones allow for specialized work-based training and education in the City’s workforce areas helping to bolster and expand the economic base by creating schools for specific trades, which can in turn help retain and attract new businesses to the City. The proposed Zone Text Amendment and associated Ordinance requires that all new “ School–Adult / Vocational / Trade/Vocational” uses comply with relevant development standards and discretionary review process, if required obtain approval of a CUP. For those This subject to a discretionary application, the process adds a layer of review that considers compatibility with surrounding properties as a required finding for approval. Moreover, the proposed Ordinance will further diversify land uses permitted in the industrial zones , 115
ATTACHMENT 2 – 8
which can help make the properties in these areas more viable as trade and vocational school sites to support existing and new businesses consistent with the City’s Economic Development Strategies and City Council Economic Goals. Therefore, the additingon of trade/vocational school as a separate use and extending permissibility to industrial zones is the use subject to a CUP discretionary review process is not anticipated to cause substantial injury to the values of property in the zones in which it is proposed to be listed or in any abutting zone.
NP. I n accordance with California Government Code Section 65860, the Council must find the Ordinance consistent with the objectives, policies, general land uses, and programs specified in the Burbank2035 General Plan. The proposed Ordinance is consistent with the following City plans, goals, and policies:
• Land Use Element of the Burbank2035 General Plan:
o Goal 6: Economic Vitality and Diversity: Burbank has a healthy and diverse economy and provides for a full range of retail, commercial, office, and industrial uses.
Businesses contribute to community character and
economic vitality by supporting neighborhood,
community, and regional needs and providing diverse
employment options.
o Policy 6.1 of Goal 6: Recruit and attract new businesses.
Use these businesses to act as catalysts to attract other businesses. Continue to utilize public ‐private
partnerships and other incentives to enhance economic
vitality.
o Policy 12.3 : Ensure that a balanced mix of commercial and industrial uses is provided in the area of the Golden State Commercial/Industrial.
• Burbank 2024-2028 Economic Development Strategic Plan:
o Goal 4: Retain and expand Burbank’s leading and emerging industries to balance the future economy.
• 2025-2026 Economic Development City Council Goal:
o Diversify economic base and retain and attract businesses.
The proposed Zone Text Amendment and associated Ordinance to adding “School–Adult / Vocational / Trade /Vocational” as a new use, will continues to allow for skill- based professional training throughout the City, as well as extends the use to in industrial areas of the City of Burbank, furthering several of the City’s plans, goals, and policies. This e inclusion of new school use enables a diverse economic base by allowing an expanded 116
ATTACHMENT 2 – 9
range of uses in the area of providing workforce training and development that can help and attract new businesses to the City seeking access to these workforces and thereby enhanceing it’s the City’s long-term economic viability. The strategic addition placement of these professional schools in M-1 and M-2 industrial zones will facilitate the creation of a pipeline of trained workers for surrounding skill -based employers. Additionally, the proposed Zone Text Amendment and associated Ordinance adds to will provide a balance of mixed commercial and industrial uses in these zones, reinforcing the objective of the lLand uUse Designation for the Golden State District, which primarily consist of M- 1 and M-2 zoned parcels. Thus, the proposed Ordinance not only meets the Burbank2035 General Plan but also implements City Council-adopted Economic Development Goals and the 2024-2028 Economic Development Strategic Plan.
O. The proposed ZTA and associated Ordinance are not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.)(“CEQA”). The activities are covered by the common- sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activities in question may have a significant effect on the environment, the activities are not subject to CEQA (CEQA Guidelines § 15061(b)(3)). Furthermore, pursuant to CEQA Guidelines Section 15378, this proposed ZTA and associated Ordinance are not considered a “project” subject to the requirements of CEQA because the proposed ZTA and associated Ordinance have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment but instead involve administrative updates to the BMC. The proposed ZTA and associated Ordinance do not effectuate any approvals of the use on a particular site. Further, future CUP requests for the proposed use would have to be evaluated individually for compliance with applicable zoning regulations and CEQA.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Findings. All findings set forth above are true and correct and incorporated herein as if restated in their entirety.
Section 2. Amendment to BMC Section 10-1-203 (Definitions). BMC Section 10-1-203 is hereby amended to include the following changes; (1) revise the “SCHOOL– PUBLIC OR PRIVATE ” definition to remove the reference of to a vocational and/professional school, (2) remove the “TRADE SCHOOL” definition, and (3) add the establish a “SCHOOL –ADULT / VOCATIONAL / TRADE/VOCATIONAL” definition that will include a variety of adult professional vocational schools, as shown in Exhibit B to this Ordinance, attached and incorporated herein.
Amendment to Burbank Municipal Code (“ BMC”) Section 10-1- 502, Uses in All Zones (E xcept Residential Zones). Table 10-1- 502 is hereby amended under sub- header Recreation, Education, and Assembly to add “ School-Adult / Vocational / Trade/Vocational” as a new use and permit ted the use subject to, as a Conditional Use 117
ATTACHMENT 2 – 10
Permit (CUP) in the M-1 (Limited Industrial) and M-2 (General Industrial) zones) as shown in Exhibit A to this Ordinance, attached and incorporated herein.
Section 3. Amendment to Burbank Municipal Code (“BMC”) Section 10 -1-502, Uses in All Zones (Except Residential Zones) . Table 10-1-502 is hereby amended under sub-header Recreation, Education, and Assembly to add “School-Adult / Vocational / Trade/Vocational” as a new use and permitted the use subject to, as a Conditional Use Permit (CUP) in the M-1 (Limited Industrial) and M-2 (General Industrial) zones) as shown in Exhibit A to this Ordinance, attached and incorporated herein.
A mendment to BMC Section 10-1-203 (Definitions). BMC Section 10-1-203 is hereby amended to include the following changes; (1) revise the “SCHOOL– PUBLIC OR PRIVATE” definition to remove the reference of to a vocational and/professional school, (2) remove the “TRADE SCHOOL” definition, and (3) add the establish a “SCHOOL –ADULT / VOCATIONAL / TRADE /VOCATIONAL” definition that will include a variety of adult professional vocational schools, as shown in Exhibit B to this Ordinance, attached and incorporated herein.
Section 4. Amendment to BMC Section 10 -1-1408 (Space Required) . BMC Sections 10-1-1408 is hereby amended and restated to establish a parking standard for the SCHOOL–ADULT / VOCATIONAL / TRADE/VOCATIONAL use as shown in Exhibit C of this Ordinance, attached and incorporated herein.
S ection 5. 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 6. E
nvironmental Assessment . This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”). The activity is covered by the “common-sense” exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines § 15061(b)(3)). 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 but instead involves administrative and procedural updates to the BMC. The Ordinance does not effectuate any approvals of the use on a particular site. The City Planner shall file a Notice of Exemption with the Los Angeles County Clerk and the State Clearinghouse, within 5 days of the City Council’s approval.
Section 7. E
ffective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
118
ATTACHMENT 2 – 11
PASSED AND ADOPTED this __day of , 2025.
_________________________
Nikki Perez
Mayor of the City of Burbank
Approved as to Form:
Attest: Office of the City Attorney
______________________________ _________________________ Kimberley Clark, City Clerk Jill Vander Borght
Chief Assistant City Attorney
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
119
ATTACHMENT 2 – 12
EXHIBIT A TO ATTACHMENT 1
120
ATTACHMENT 2 – 13
Amendments to Burbank Municipal Code Section 10-1-203 (Definitions) to amend the existing definition of “SCHOOL” to remove reference the a to vocational and professional school, establish a new definition for “SCHOOL – TRADE/VOCATIONAL” that will include a broad variety of vocational schools, and remove the “TRADE SCHOOL” definition. remove the reference of a vocational or a professional school under the “SCHOOL – PUBLIC OR PRIVATE” definition and establish the new definition “SCHOOL – ADULT / VOCATIONAL / TRADE” that will be all encompassing of a variety of adult professional schools.
Revisions are Bold colored red and underlined and deletions are marked in strikethrough:
SCHOOL: Means an establishment or facility used as an institution of learning for minors, whether public or private. This can include institutions that , which offer instruction in those courses of study required by the State Education Code, or which is are maintained pursuant to the standards set by the State Board of Education. This definition includes a child day care facility, kindergarten, elementary school, junior high school, senior high school, colleges, universities and or any special institution of learning under the jurisdiction of the State Board Department of Education and a Vocational or a professional institution . This definition also includes child day care facilities utilized at a school location which are licensed by the State Department of Social Services and the City of Burbank.
This definition does not include School- Trade/Vocational.
SCHOOL–ADULT / VOCATIONAL / TRADE/VOCATIONAL: Means an establishment or facility used as an institution of learning for adults that provides specialized training and education in various trades and technical fields that may provide a degree in conjunction with certification. These schools focus on practical, hands-on skills that prepare students for specific careers, such as plumbing, electrical work, automotive repair, culinary arts, healthcare, and more.
TRADE SCHOOL: Means an institution offering instruction in a trade or vocation that is not of an academic or professional nature.
Amendment the Zoning Use List in BMC 10-1-502 under sub-header Recreation, Education, and Assembly to add “School-Adult / Vocational / Trade/Vocational” as a new use subject to a Conditional Use Permit (CUP) in M-1 (Limited Industrial) and M-2 (General Industrial) zones and continue to allow in other non-residential zones by-right or subject to an AUP, based on the zone or its proximity to residential zones. and permit the use subject to a Conditional Use Permit in the M-1 (Limited Industrial) and M-2 (General Industrial) zones per the table below.
The new use and permissibility are colored red Bold and underlined.
121
ATTACHMENT 2 – 14
122
ATTACHMENT 2 – 15
EXHIBIT B TO ATTACHMENT 1
123
ATTACHMENT 2 – 16
Amendments to Burbank Municipal Code Section 10-1-203 (Definitions) to amend the existing definition of “SCHOOL” to remove reference the a vocational and professional school, establish a new definition for “SCHOOL – TRADE/VOCATIONAL” that will include a broad variety of vocational schools, and remove the “TRADE SCHOOL” definition. remove the reference of a vocational or a professional school under the “SCHOOL – PUBLIC OR PRIVATE” definition and establish the new definition “SCHOOL – ADULT / VOCATIONAL / TRADE” that will be all encompassing of a variety of adult professional schools.
Revisions are Bold colored red and underlined and deletions are marked in strikethrough:
SCHOOL: Means an establishment or facility used as an institution of learning for minors, whether public or private. This can include institutions that , which offer instruction in those courses of study required by the State Education Code, or which is are maintained pursuant to the standards set by the State Board of Education. This definition includes a child day care facility, kindergarten, elementary school, junior high school, senior high school, colleges, universities and or any special institution of learning under the jurisdiction of the State Board Department of Education and a Vocational or a professional institution. This definition also includes child day care facilities utilized at a school location which are licensed by the State Department of Social Services and the City of Burbank.
This definition does not include School- Trade/Vocational.
SCHOOL–ADULT / VOCATIONAL / TRADE /VOCATIONAL: Means an establishment or facility used as an institution of learning for adults that provides specialized training and education in various trades and technical fields that may provide a degree in conjunction with certification. These schools focus on practical, hands-on skills that prepare students for specific careers, such as plumbing, electrical work, automotive repair, culinary arts, healthcare, and more.
TRADE SCHOOL: Means an institution offering instruction in a trade or vocation that is not of an academic or professional nature.
Amendment the Zoning Use List in BMC 10-1-502 under sub-heading Recreation, Education, and Assembly to add “School-Adult / Vocational / Trade/Vocational” as a new use subject to a Conditional Use Permit (CUP) in M-1 (Limited Industrial) and M-2 (General Industrial) zones and continue to allow in other non-residential zones by-right or subject to an AUP, based on the zone or its proximity to residential zones. and permit the use subject to a Conditional Use Permit in the M-1 (Limited Industrial) and M-2 (General Industrial) zones per the table below.
The new use and permissibility are colored red Bold and underlined.
124
ATTACHMENT 2 – 17
125
ATTACHMENT 2 – 18
EXHIBIT C TO ATTACHMENT 1
126
ATTACHMENT 2 – 19
Amendments to BMC Section 10-1-1408 (Spaces Required) to establish a parking standard for the SCHOOL– ADULT / VOCATIONAL / TRADE/VOCATIONAL use.
Parking standard addition is Bold colored red and underline. Deletions are marked in strikethrough:
DIVISION 2. PARKING REQUIREMENTS
10-1-1408: SPACES REQUIRED:
The following off-street parking spaces shall be provided:
Uses Parking Spaces Requires
1. Residential Uses: As provided for each residential zone in Article 6 of this chapter.
2. Commercial Uses Outside of
Central Business District
Downtown Parking Area:
(a) Banks and savings and loan
institutions
4 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(b) Bowling Alleys 4 spaces for each bowling lane.
(c) Gymnasiums and health
studios
6 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(d) Offices - General 3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(e) Offices - Medical 5 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(f) Mortuaries and funeral
homes
1 space for every 3 fixed seats and 1 space
for each 21 sq. ft. of adjusted gross floor
area available for assembly without fixed
seats.
(g) Places of public assembly1,
banquet facilities, exhibition
halls, theaters, and
convention halls
1 space for every 5 fixed seats and 1 space
for each 28.6 sq. ft. of adjusted gross floor
area available for assembly without fixed
seats.
127
ATTACHMENT 2 – 20
Uses Parking Spaces Requires
(h) Restaurant with full service,
fast service2; cocktail
lounge/bar
10 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
3.3 spaces for each 1,000 sq. ft. of adjusted
gross floor area with an Administrative Use
Permit.
(i) Restaurants, cafes, cocktail
lounges and bars, which are
an integral part of a hotel or
motel
5 spaces for each 1,000 sq. ft. of adjusted
gross floor area.
(j) General - retail 3.3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(k) Shopping centers 5 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(l) Mini-malls 10 spaces for each 1,000 sq. ft. of adjusted gross floor area, or 1 space for each 100 sq.
ft. of adjusted gross floor area. (Conditional
Use Permit may reduce up to 50 percent
required parking).
(m) Museum 1 space for each 300 sq. ft. of exhibit area and 1 space for every 5 seats, depending
on the exact nature of the museum.
(n) Arcades/billiard parlors 5 spaces for each 1000 sq. ft. of adjusted gross floor area. (Additional parking spaces
are required pursuant to Section10-1-
1405.5)
(o) Personal or Physical Arts
Studio, Rehearsal Studio
(less than 1,500 sq. ft.) 3.3 spaces for each 1,000 sq. ft. of adjusted gross floor area.
(1,500 sq. ft. to 2,500) 4 spaces for each 1,000 sq. ft. of adjusted gross floor area.
128
ATTACHMENT 2 – 21
Uses Parking Spaces Requires
(greater than 2,500 sq. ft.) 6 spaces for each 1,000 sq. ft. of adjusted gross floor area.
3. Commercial Uses Inside the
Central Business District
Downtown Parking Area:
4. Industrial Uses:
(a) Manufacturing and industrial
and wholesale trade.
1 space for each 500 sq. ft. of adjusted
gross floor area.
(b) Warehouses and buildings
used in whole or in part for
storage purposes.
1 space for each 1,000 sq. ft. of adjusted
gross floor area.
5. Other Uses:
(a) Convalescent homes 5 spaces for every 12 beds or fraction thereof.
(b) Hospitals Conditional Use Permit.
(c) Clubs 1 space guest room.
(d) Hotels and motels 1 space for each room.
(e) Automotive repair shops 3 spaces for each bay or 1 space for each 250 sq. ft. of adjusted gross floor area,
whichever is greater. Service bays shall not
be counted as required spaces.
(f) Child Day Care Facilities 1 space for every 8 children and 1 space for each State Department of Social Services
required employee.
(g) School–Adult / Vocational
/ Trade/Vocational
1 space per 1 student. Reductions to this
parking rate may be granted, subject to
the Conditional Use Permit (CUP)
process as specified in BMC Section 10-
1-1934 et. seq. or the applicable
discretionary review application required
129
ATTACHMENT 2 – 22
Uses Parking Spaces Requires
for the use. The applicant shall provide a
parking study prepared by a qualified
professional to justify the reduced
parking rate. Updates to previously
approved parking rates reductions may
be granted under a CUP/AUP Minor
Modification, subject to the
consideration of a parking study
prepared by a qualified professional to
justify the reduced parking rate.
(g)
(h)
Sober Living Facility 1 on-site parking space for every 3 residents and 1 additional on-site parking
space for each on-site resident manager
and 1 space for each 28.6 square feet of
meeting area used for assembly purposes if
meetings area used for assembly purposes
if meetings are held involving persons other
than residents of the facility.
(h)
(i)
Massage Parlors 5 spaces for each 1,000 feet of adjusted gross floor area
(i)
(j)
Adult businesses As specified in Section 10-1-1120
(j)
(k)
Designated Media-Related
Uses within 150 Feet of
Residentially-Zone Property:
(i) Film and Sound Editing 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(ii) Studio - Art and
Graphic Arts
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(iii) Studio - Broadcasting 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(iv) Studio - Recording
130
ATTACHMENT 2 – 23
Uses Parking Spaces Requires
(v) Video, Audio, Film
Duplication
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(vi) Video, Audio, Film
Storage/Vault
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(vii) Foley Stage (Sound
Effects)
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(viii) Film/TV sound mixing -
no seating area
3.3 spaces for each 1000 sq. ft. of adjusted
gross floor area.3
(ix) Motion Picture Studio 3.3 spaces for each 1000 sq. ft. of adjusted gross floor area.3
(x) Rehearsal Studios - no
recording equipment
Conditional Use Permit3
(xi) Sound Stages Conditional Use Permit3
(k)
(l)
Uses not specified Conditional Use Permit3
To be determined by the Planning
Commission based upon comparable
requirements for specified uses.
1 Places of Public Assembly shall include the following: a music recording studio with more than 1000 sq. ft. of adjusted gross floor area per single room of recording area; a mixing studio with more than 1000 sq. ft. of adjusted gross floor area per single room of recording area; a music scoring stage/room with more than 1000 sq. ft. of adjusted gross floor area; a voice over/ADR (Automated Dialog Replacement) stage larger than 600 sq. ft. of adjusted gross floor area; voice audition/casting room or office; any single recording room/space larger than 1000 sq. ft. of adjusted gross floor area; a film/tv mixing stage with more than ten (10) fixed audience seats, and; a screening room larger than 300 sq. ft. of adjusted gross floor area, or with more than ten (10) fixed seats.
2 Restaurant uses up to 2,000 square feet in gross floor area may locate in a space previously occupied by a retail or office tenant without having to provide additional parking with approval of an Administrative use Permit (AUP).
3 For portion of use utilized as “place of public assembly,” use must meet parking requirement for places of public assembly set forth in this section. [Amended by Ord. 22- 3,983, eff. 12/16/22; Formerly numbered Section 31-165; 3776, 3568, 3557, 3537, 3491, 3464, 3457, 3400, 3 316, 3298, 3284, 3109, 3058, 2829, 2698, 2599, 2193.]
131
City of Burbank
Five Year Economic
Development
Strategic Plan
2024-2028
Prepared By:Adopted March 19, 2024
ATTACHMENT 3 - 1
132
TABLE OF CONTENTS
3 Executive Summary
4 Introduction
7 Stakeholder Engagement
8 A Snapshot of Burbank’s Economy
11 Burbank’s Economic Development Goals
16 Staffing Analysis and Recommendations
22 Timeline for Implementation
25 Appendix A: SWOT Analysis
27 Appendix B: Economic Development Resources
The City of Burbank Five Year Economic Development Strategic Plan is author
ed by the Stratiscope team: John Bwarie, Nance Rosen, and Ken Lee.
Designed by Chara Espaldon.
2 Economic Development Strategic Plan 1Economic Development Strategic Plan ATTACHMENT 3 - 2
133
INTRODUCTION
The City’s Economic Development Strategic Plan functions as a guide for creating the City’s economic development priorities and activities as they align with the City Council’s overarching goals and its strengths, as well as market opportunities. Typically for planning purposes, the timeframe is a five year period so that the appropriate groundwork is laid and then built upon, resulting in optimized work programs, staffing, and resource allocation. The most recent Economic Development Strategic Plan, crafted in 2018, put forward a vision for economic development that was sharply interrupted by the 2020 global COVID-19 pandemic. Thus, the City replaced that plan with its 2020 Economic Recovery Plan. Both of these plans were crafted internally.
In Summer 2023, the City of
Burbank retained Stratiscope
to formulate a new five year
Economic Development
Strategic Plan with the purpose
of shaping the City’s economic
development policies, programs,
and initiatives through 2028. Over
a six month period of research
and analysis for this plan, multiple
sources were accessed in order
to compile a comprehensive
outlook of the current and future
challenges, opportunities, and
potential avenues for growth
for the City. Data was provided
by the City and key partners.
Insights were collected from
a vast number of stakeholder
interviews (including City
Council, City staff, and business
leaders), group meetings, and
workshops. An in-depth review
was conducted to ascertain best
practices in municipal economic
development. Industry and sector
research complemented these
efforts, along with work the City
has done to date related to key
sectors, indicators, and other key
issues.
Thus, this plan hones in on
specific, actionable programs
to create a vibrant, resilient
economic future for Burbank.
While input gathered was
extensive, the best efforts were
made to include the most viable
options within constraints of
time and resources. This 2024
Economic Development Strategic
Plan, once adopted, becomes the
guiding document for the next 5
years for the City of Burbank.
The City of Burbank’s economic development efforts are
dedicated to fostering a vibrant job market, stimulating robust commercial activity, and maintaining an
exceptional quality of life for its residents, businesses, and visitors. Economic development efforts facilitate job growth, encourage innovation and entrepreneurship,
attract new investment, increase revenues, create vibrant neighborhoods, and support businesses. With that
mission in mind, the Five-Year Economic Development
Strategic Plan leverages both the esteemed legacy of the City and its potential for future growth over the upcoming five years. Because economic development is so multi-
faceted, the plan contains a spectrum of programs and
tactical actions to ensure that the full capacity of the City is engaged and expanded for increased stability and growth, with a focus on the ease of doing business in
Burbank.
Six goals are at the heart of the plan and serve to focus the efforts and use of resources as well as the roadmap that sets out the expectations and outcomes of the next five years. The goals are:
Goal 1: Streamline the permitting process to enhance opening of new businesses and the expansion of existing businesses
Goal 2: Optimize occupancy of vacant or underutilized spaces to maximize City revenues and opportunities
Goal 3: Focus on innovation to ensure a vibrant, growing economy Goal 4: Retain and expand Burbank’s leading and emerging industries to balance the future economy: Creative, Healthcare, Tourism, and Higher Education Goal 5: Increase the resources to support diverse, independent small businesses Goal 6: Market Burbank to attract businesses and employees The plan identifies the four sectors that will have the greatest impact on the economic stability and growth of the City. These are the Creative Economy Sector, Tourism Sector, Healthcare Sector, and Higher Education Sector. With attention to Burbank’s largest employers as well as small businesses, the plan will enlarge the City’s ecosystem of responsive services and resources, as well as the speed of implementation for businesses currently operating within the City. In addition, the plan focuses on the quality of outreach and meaningful changes that will attract new businesses and investment to the City.
Without enhancing economic development, the Cit y will not be able to maintain its premium level of services that residents and businesses have come to expect and appreciate. Economic development programs and initiatives generate a direct return of revenue to the City’s general fund through increased sales tax, transient occupancy tax, and growth in property tax (through increased property values). These efforts support and foster activities that ensure the ongoing success of the City and its businesses. While the City has made progress to support the growth of the local economy, the next phase of support requires additional investments to future-proof the City in the face of an evolving and rapidly changing economic environment due to factors beyond the control of the City With an equal emphasis on maintaining the best attributes of the City’s current economic development activities as well as producing a wealth of innovative new services that create a competitive advantage for the future, the 2024 Economic Development Str ategy Plan leads the way towards sustaining and growing a more vibrant economy.
EXECUTIVE
SUMMARY
3Economic Development Strategic Plan 4 Economic Development Strategic Plan ATTACHMENT 3 - 3
134
SECTOR ANALYSIS: A FRAMEWORK FOR GROWTH
Given the City’s growth goals, a careful review of the potential sectors determined the plan’s focus on four sectors. These four sectors stood out as the best way to both continue investing in the strong foundation of Burbank’s economic legacy and also feed the City’s appetite for a competitive, vibrant future. Sector profile information and key rationale are included below.
1. The Creative Economy Sector generates economic value via activities that depend on imagination, talent
, and the related production, sale, or distribution of intellectual property.
According to G20 Insights, the creative economy encompasses the entertainment industry including media, entertainment, film, production, and the arts. The sector could account for 10% of global GDP by 2030, and one study by Deloitte projects a 40% growth in creative sectors by 2030. Delivering significant growth and economic value, this sector encompasses a wide range of industries and professions, from advertising to architecture, from fashion to film, from music to software, and from publishing to video games. In addition to its positive future forecast, the creative economy is a vibrant, noteworthy part of the City’s legacy, its current economic foundation, and its unique reputation. Combining a myriad of artistic and technical skills to increase an idea’s value, this legacy sector in the City enjoys a limitless horizon to generate income, jobs, and exports while promoting social inclusion, cultural diversity, and human development.
2. The Tourism Sector is an economic engine that generates economic value from the businesses and or
ganizations that cater to business and leisure travelers, such as hotels, restaurants, conference and entertainment venues, cultural sites, transportation companies, and tour operators. Recovery from the pandemic has unleashed pent up demand, particularly from domestic tourists, according to the The California Tourism Board. The sector creates productive and inclusive jobs, especially for women and young people, who comprise the majority of the tourism sector’s workforce, per the Rand report, The Effects of Travel and Tourism on California’s Economy.
International tourism may attract Foreign Direct Investment (FDI), which would occur when a company from another country invests in a business or project in Burbank.
3. The Healthcare Sector includes businesses that provide medical services, manufacture medical equipment or drugs, pr
ovide medical insurance, or otherwise facilitate the
provision of healthcare to patients. The healthcare sector currently accounts for 18% of U.S. GDP in 2020 with McKinsey projecting a 7% growth rate over the next 5-10 years.
Technology and innovation associated with healthcare make it one of the most dynamic parts of the economy, as an aging population and a general population increasingly focus on enhanced quality of life, on-demand benefits or self-administered treatments, increased longevity, and reduced costs, which create new market opportunities. The potential for FDI, as well as balancing the economic base of the City, developing a culture of innovation, and perhaps even medical tourism make this sector attractive.
4. The Higher Education Sector includes on-ground and online universities, colleges, and other institutions of higher le
arning such as satellite campuses that provide education, training, and internships. While higher education has significant value as a sector in an economically vibrant and attractive City, its most profound impact is its contribution to fostering innovation, entrepreneurship, research, and development in other sectors, per the World Bank. With the advent of micro-credentials, the focus on continuous or “just-in- time” skill building rather than traditional four-year degrees, the expansion of international education (including how that relates to FDI), and preparing the workforce for the future, this sector has greater value to economic development than its own growth projection.
IMPLEMENTING THE NEW ECONOMIC STRATEGY AS A CITY-WIDE EFFORT Perhaps the most essential component of a
successful economic development strategy is
its implementation, which involves building
awareness, alignment, and an activation plan
for City employees involved in supporting the
business community. Thus, the successful
implementation of the Economic Development
Strategic Plan reinforces the importance that
each department fully embraces a shared
vision. For example, each department may
identify the specific, relevant elements within
the plan that allows them to regularly and
meaningfully act in concert with the plan’s
intention.
To fully and successfully implement the plan,
the three guiding principles used to develop
the plan’s goals and objectives must drive its
implementation, as well as the appropriate
resources and staffing that support it.
Communicating these principles and
engaging a cross-section of employees who
serve businesses in the City will maximize the
return on the new economic plan. The three
principals are:
1. Succeed through Speed
Streamline actions, processes,
updates, approvals, requests, and
expectations to establish the delivery
of information, decisions, and results
with greater predictability and
reliability.
2. Strategic Communication and Engagement
Engage key stakeholders to support
the City’s growth sectors, enabling
them to continue to thrive here.
3. Future Focus
Anticipate an ever-changing
landscape, so the City can nimbly
respond to industry shifts while also
developing and leveraging new
insights and innovative approaches to
the City’s economy.
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A core principle in developing this Economic De velopment Strategic Plan was the engagement of stakeholders through various means. From one-on-one interviews to group sessions to workshops both online and in-person, this effort was based on the insights and expertise of stakeholders both inside and outside of the City. Overall, the planning team met and solicited input from more than 100 stakeholders, as follows:
STAKEHOLDER ENGAGEMENTOrganizations and Groups:
Burbank Arts Commission
Burbank Disabilities Commission
Burbank Hospitality Association
Burbank Chamber of Commerce
City of Burbank Development Oversight Committee
Community Workshop (online)
Community Workshop (in-person)
Downtown Burbank Partnership
Magnolia Park Merchants AssociationIndividuals:
George Bandarian, Untapped
Laura Biery D’Ambrosia, City of West Hollywood
Sonya Blake, Valley Economic Alliance
Michael Cusumano, Cusumano Real Estate
Marc Gangi, Gangi Architects
John Gerro, Property Owner
Robbie Gluckson, UCLA Health
Paul Herman, Herman Company
Karl Keeler, Providence Health
Paolo Kespradit, City of West Hollywood
Jamie Keyser, Burbank Chamber of Commerce
Danny Khan, Warner Bros. Studio Tour
David Knight, Angel City Data
Ruth Martinez, City of Pasadena
Kevin McCarney, Poquito Mas
Jim O’Neil, Crown Realty
Lisa Pitney, Disney
Greg Reeves, IATSE Local 728
Chris Rizzotti, Burbank Planning Commissioner
Leslie Simmons, Animation Guide, IATSE 839
Ted Slaught, Property Owner
Alan Tate, Burbank Airport Marriott
Chris Tourtellotte, LaTerra Development
Soua Vang, City of Glendale
Judith Velasco, Verdugo Workforce Board
Michael Walbretch, Warner Bros. Discovery
City of Burbank
Nick Schultz, Burbank City Council,
Mayor
Nikki Perez, Burbank City Council,
Vice Mayor
Konstantine Anthony, Burbank City Council
Zizette Mullins, Burbank City Council
Tamala Takahashi, Burbank City Council
Justin Hess, City of Burbank
Courtney Padgett, City of Burbank
Patrick Prescott, City of Burbank
Marisa Garcia, City of Burbank
Elizabeth Goldman, City of Burbank
Fred Ramirez, City of Burbank
Judie Wilke, City of Burbank,
Retired
City of Burbank Executive Team Members
A SNAPSHOT OF
BURBANK’S ECONOMY
The City of Burbank is located in east San Fernando Valley at the foothills of the Verdugo Mountains and is surrounded by the City of Los Angeles on three sides – north, west, and south. The cities of Glendale and Pasadena are situated east of Burbank. Burbank’s proximity to Los Angeles has long-attracted major corporations. Its early real estate boom in the 1920s and 1930s paved the way for much of the City’s current economic makeup and success. Burbank’s first major commercial and residential land development project, Magnolia Park, was built in the early 1920s and paved the way for large corporations to arrive, including Warner Brothers, Lockheed, and Disney. Burbank Airport opened in 1930 and, today, continues to be one of Burbank’s greatest economic assets.
Today, Burbank is a World Class City dubbed the “Media Capital of the World” and is home to major animation and entertainment companies like Warner Bros Discovery (10,000 employees), The Walt Disney Company (7,800 employees), Nickelodeon Animation Studio (900 employees), and Netflix (850 employees).
The media and entertainment industry cluster in Burbank includes both large and small employers that provide business-to-business (B2B) and supply chain goods and services, including those provided by companies like Cast & Crew
1 (800 employees) and Deluxe Shared Services (700 employees). Together with other job clusters in the City, Burbank is home to a local workforce of 182,000 while the City’s residential population is 105,357. This balance of workforce, residential, and visitor populations in the City creates a robust demand for shopping, dining, and entertainment amenities throughout the community. It is not by coincidence that Burbank is home to the largest IKEA in North America.
However, the media and entertainment industry, lik e any other industry, is susceptible to change and risks. A recent example is the 2023 Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) strike. While the main issues involved pay and working conditions, artificial intelligence (AI) was another important concern and is an example of how technological innovation can create economic disruption, both good and bad. The diversification of the City’s industry clusters and target markets is necessary to grow and sustain a resilient economy and business base.HOLLYWOOD BURBANK AIRPORT Hollywood Burbank Airport serves the northern
Greater Los Angeles area and is known as “the
friendliest, most convenient airport for flying
to or from Los Angeles, Hollywood, and the
San Fernando Valley.”
2 The 232,000 square-foot
terminal serves 5.9 million passengers annually.
Cargo operations also support 89 million pounds
of cargo annually. The Airport’s economic activities
(e.g., onsite airport revenues, onsite tenant
activities, offsite spending of passengers and
flight crew) translate into economic output locally
and regionally which also translates into local tax
revenues in Burbank and surrounding cities. A
2014 Economic Impact Analysis report prepared by
the Los Angeles County Economic Development
Corporation (LAEDC) estimated that the airport’s
total countywide economic impact in FY 2013 was more than $1.6 billion, generating $43.3 million in property taxes and $41.6 million in sales taxes countywide. On January 25, 2024, the Authority broke ground on its new 14-gate replacement terminal, which will increase its use and economic potential.The new replacement terminal is slated to be completed by October 2026.1 Approximately half of which are working remotely.2 hollywoodburbankairport.com 7Economic Development Strategic Plan 8 Economic Development Strategic Plan ATTACHMENT 3 - 5
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QUALITY OF LIFE IN BURBANK
Burbank is a full-service City with its own Police and
Fire Departments, public transit (BurbankBus), and
utilities (Burbank Water and Power). The Burbank
Unified School District is one of the highest
achieving and most competitive school districts
in the Los Angeles area, creating housing demand,
especially among young professionals and families.
Burbank’s employment opportunities, high
quality public schools, multimodal transportation
access (air, rail, road), and competitive location
in the Los Angeles metropolitan area drive its
population growth and demand for residential and
commercial land uses.
2 min
59 sec
Burbank Police
Response Time
6 min
48 sec
Burbank Fire
Response Time
$1,128,000
Burbank’s
Median Home Price
$872,399
L.A. County’s
Median Home Price
While the strategic initiatives of economic development focus on business attraction, business retention and expansion, cultivating entrepreneurship, and promoting tourism, economic development is not just the business of one division or department in a City. It is a citywide effort to create a robust and resilient economic ecosystem and community foundation that fosters a high quality of life for its residents, businesses, and visitors. It is the public investment of resources to strategically intervene in the private market to attract capital investment into the community. This includes:
Land Use Planning
Establishing a progressive and time-relevant
land use planning f
ramework that streamlines
entitlement approvals while reducing developer
risk attracts capital investment and land
development. The City is simultaneously preparing
three separate specific plans for its commercial
districts: (1) Golden State Specific Plan; (2)
Downtown Burbank Specific Plan; and (3) Media
District Specific Plan Update. These specific plans
will pave the way for new development activities
that implement the 2035 General Plan. The
specific plan processes include the preparation of program-level Environmental Impact Reports (EIRs) for each specific plan that will allow landowners and developers to rely on the City’s EIRs to satisfy the California Environmental Quality Act (CEQA), which will significantly reduce time, costs, and legal risks.
Burbank’s Economic Development Team will play a key role in working collaboratively with the City’s development services departments/divisions to implement these specific plans.
Public Infrastructure Planning and Projects
Reliable and accessible public infrastructure,
inc
luding utilities (water and power), transportation
(roads and transit), and telecom (broadband access
and reliability), is critical to supporting existing
commerce and attracting new capital investment
and land development opportunities. In June
2020, the City adopted the Complete Streets Plan
to implement the Mobility Element of the 2035
General Plan. The Complete Streets Plan takes a
holistic approach to transportation planning on
Priority Streets and Focus Areas and sets forth
short-, mid-, and long-term priority projects that
seek to accomplish 10 mobility goals citywide.
Addressing Homelessness
The City recently adopted a Five-Year Homelessness Plan (FY 2022-23 through FY 2027
-28) that builds on the successes of several programs the City has already implemented in prior years to address homelessness. Homelessness is a complex issue that requires the close collaboration and coordination of federal, state, local, and nonprofit stakeholders. The Five-Year Homelessness Plan gives the City a “Strategic Playbook” focused on six action areas: capacity building, advocacy, access/outreach/engagement, shelter and housing accessibility, health and stabilization, and homelessness prevention. These action areas will house the unhoused, improve the quality of life for unhoused neighbors, and promote clean and safe environments to live, work, and play in Burbank.
Housing
Housing production across all income levels in the Cit
y addresses the importance of affordable housing
in addressing homelessness, supplies workforce housing to support commerce, develops underutilized land, increases the City’s property tax base, and creates jobs. The City adopted its 2021-2029 Housing Element in September 2022 based on a Regional Housing Needs Assessment (RHNA) allocation of 8,772 housing units, and the Council adopted a goal of 12,000 units by 2035. The Housing Element identified projects with entitlements/pending entitlements totaling 2,361 new housing units, 374 of which would be restricted to lower income individuals and families. Much of this progress can be attributed to the City Council’s intentional action to prioritize housing in 2017 when it approved the Burbank Housing Analysis and Strategy. From 2011 to 2016, 16,688 new jobs were added in Burbank. During the same time, only 294 units were built and only 55 were built from 2011 to 2016.
Workforce
Burbank has a thriving workforce of more than 180,000
individuals who w
ork in diverse sectors. The top sector
is entertainment with five times the number of jobs
as the next largest employment sector, healthcare
services. Other key employers are in the tech sector and professional services, followed by retail and hospitality.
The City is part of the Verdugo Workforce Development
Board, which provides resources to jobseekers including training and placement, and supports local businesses
by developing a qualified workforce for open positions.
Job Connect Plus is housed in the Burbank Central
Library to support this effort, along with their SPARK
Media Lab, which provides tools and resources for
those working to hone their skills. Job Connect Plus is a participant-driven enhanced workforce development
program coordinated by Burbank Public Library, in which cohorts of adult job seekers set career goals and receive training, peer support, and mentorship in achieving those goals. The program is currently funded by a US Small Business Administration grant through June 2025.
BURBANK’S ECONOMIC DEVELOPMENT IN THE CONTEXT OF LOS ANGELES Another component of economic development in Burbank is its location. In addition to the geographic benefit of being centrally located in Los Angeles Count y, this also poses a challenge of being adjacent or in close proximity to other cities actively working to strengthen their own economic positions. While there is the opportunity to collaborate with neighbors like Glendale and Pasadena, the robust services and resources allocated to economic development in neighboring cities and relatively proximate locations like Glendale, Pasadena, Santa Clarita, Culver City, West Hollywood, and even the City of Los Angeles require Burbank to proactively engage in activities to retain and support existing businesses, as well as actively recruit new ones. Burbank must extoll its unique positioning that differentiates Burbank in a competitive region.
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Balancing the full scope of current economic development activities with the requirement to enlarge the capacity for economic development fulfills Burbank’s potential and enhances its ability to remain competitive in the region. Six essential goals provide the framework and priorities for prudently activating the City’s resources and personnel. The goals are based on best practices, insights from key stakeholders, and the input from expert sources with experience in key areas.
When successfully enacted, the realization of the six goals will deliver critical outputs to begin the desirable diversification of Burbank’s economy while maintaining and growing both high paying jobs as well as more fully building out the entrepreneurial ecosystem. In alignment with the treasured legacy of preserving the unique character of Burbank, these goals provide the incentives for larger companies and innovative start-ups to locate and grow in a supportive environment that is structured for success across sectors, size, and other key metrics. Overall, these goals and the cascading tactics seek to increase the tax base that supports the premium services that form the esteemed reputation that Burbank enjoys. With this plan enacted, the strong and resilient Burbank economy will continue to support a strong, growing community as conditions in the City, region, and state transform over the next several years.
Hence, to preserve legacy services as well as provide the future focused services required to keep Burbank at the forefront as a competitive City regionally, below are the six essential goals and their cascading tactics.
BURBANK’S ECONOMIC
DEVELOPMENT GOALS
GOAL 1:
Streamline the permitting process to enhance the opening of new businesses and the expansion of existing businessesFrom business owners seeking to open, developers investing in the City, and existing business owners making small improvements, the number one issue raised is the time it takes to get through the permit process. While processing is influenced by perception, that reputation is essential to attracting additional investment in the City. Focused attention on speed, communication, reliability, and predictability will remind businesses why doing business in Burbank is the right decision.
OBJECTIVES:
1. Establish a Business Concierge Liaison in the Economic Development Division to create a business assistance concierge cabinet of all City departments that meets monthly, to track projects and move them forward, thus reducing the time it takes for permits to be issued.
2. Establish a liaison who can work directly with the City Manager’s Office to accelerate opening, expanding, remodeling, and other property improvements and updates.
3. Develop and implement a training program for all related City staff/contractors focusing on steps to improve permit timeliness and assist with critical development projects.
4. Enhance Business Concierge Services to include working with the Mayor/Council and City Manager to actively recruit potential businesses (“roll out the red carpet”).
Intended Results:
By increasing the speed of businesses opening or expanding in Burbank, the City will solidify its reputation as an ideal place for business growth and success. This will also increase the predictability of business timelines and reliability of City government to process projects and permits. In addition, this should have the effect of restructuring the current perception that the City process is untimely.
GOAL 2:
Optimize occupancy of vacant
or underutilized spaces to
maximize City revenues and
opportunitiesStakeholders across the City identified issues related to underutilized space and vacant parcels, including the former IKEA location, the mall, and the Starlight Bowl. These spaces blight the City or fail to produce the revenue that would be generated if utilized optimally.
OBJECTIVES:
1. Evaluate and identify highest priority
underutilized parcels/spaces with potential
for the most impact in the City, and based
on criteria, target them for the appropriate
use by clean tech, health science, higher
education, and other sectors.
2. Investigate the feasibility of further
activation of the Starlight Bowl as a cultural
tourism destination (also related to Goal 4,
Objective 3a).
Intended Results:
Activating three strategically selected underutilized parcels aligns with the City’s commitment to address community requests to “do something” about the empty properties and the economic blight they represent. This may generate substantial revenue through direct tax generation as well as attract a greater influx of visitors, thereby increasing consumer spending within the City.
GOAL 3:
Focus on innovation to ensure a vibrant, growing economyThe future of the Burbank economy hinges on the adoption of innovative technology and
forward-thinking processes to attract sustainable, growth-oriented enterprises.
OBJECTIVES:
1. Launch a Burbank-centric incubator/accelerator space to support the growth of top industries including tech/AI/creative and related sectors, with local investor/corporate involvement and local leadership, to retain them in Burbank as they succeed.
2. Establish a stakeholder group managed by Economic Development to attract funding and incentives to develop an incubator/accelerator in Burbank.
3. Advocate for technology solutions to streamline permit processes, including special events [also serves Goal 1].
Intended Results:
By “home-growing” and supporting the expansion of businesses through a funded, City-run incubator/accelerator, the City will expedite the creation of an ecosystem/hub of technology and AI that builds on the success of growth industries, allowing businesses that seek to remain in Burbank to thrive.
zed parcels aligns with the City’s commitment
hing” about the empty propert ies and the
erate substantial revenue through direct tax
sitors, thereby increasing consumer spending
z
t
e
s
11Economic Development Strategic Plan 12 Economic Development Strategic Plan ATTACHMENT 3 - 7
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3. Tourism Sector
a. Conduct a positioning study that identifies a unique selling proposition for Burbank when c
ompared to other cities in Southern California.
b. Invest in a “clean and safe” marketing campaign (with additional attributes identified from the positioning study) for visitors coming to Southern California, so they see Burbank as the ideal hub for their visit.
c. Reimagine a Burbank circulating trolley to move visitors and guests from hotels to business districts and attractions.
d. Utilize and promote vacant space for pop-ups featuring temporary exhibits, cultural encounters, and other experiential activities.
e. Streamline the management of special events permit process. f. Support development of the National Animation Museum in Burbank. g. Develop a Property-based Business Improvement District in Magnolia Park. h. Collaborate with Park and Recreation and Library Services to create a formalized, robust arts program.
i. Increase transient occupancy tax rate to be aligned with neighboring jurisdictions.
4. Higher Education Sector
a. Convene a higher education working group to identify opportunities to attract and suppor
t Burbank’s emerging subsectors.
b. Facilitate the multiple universities that currently have satellites to expand with a multi- functional educational presence.
Intended Results:
1. Support the creative economy by increasing the number of employees in technology ventures aligned with it, including animation, gaming, visual effects, AI, and AR by 1-2%
2. Increase the number of healthcare and bioscience-related companies in Burbank to solidify a nationally recognized, specialized ecosystem.
3. Increase Transient Occupancy Tax revenue 1-2% year over year which will add additional funding to support and grow tourism in the City.
4. Open or expand at least one higher education facility in Burbank, creating a greater skilled workforce for the City’s high-quality jobs and creating a space for skills training to support the other industries within this plan.
GOAL 4:
Retain and expand Burbank’s leading and emerging industries to balance the future economy: Creative, Healthcare, Tourism, and EducationWhile we value entertainment and media as the stalwart legacy industry within the Creative Sector in Burbank, emerging sectors provide new opportunities to attract businesses that bring additional investment and increased economic stability. By actively growing a balanced portfolio of secondary industries, the City will be more diversified and, therefore, more resilient.
OBJECTIVES:
1. Creative Economy Sector
a. Leverage the strength of the existing creativ e sector — including the entertainment industry — for growth, visibility, and respect for the legacy of our City’s economy. b. Convene a creative economy working group to identify emerging needs and create the environment to attract and support emerging subsectors. c. Designate a media sector liaison to coordinate programs, events, and services, to proactively reach out to media-related companies in the City. d. Pursue local and state incentives to retain animation industry jobs in Burbank to complement the California Film Industry tax credit.
2. Healthcare Sector
a. Create a health science research and development ecosystem, building on UCLA’s pr
esence, other academic institutions, and trials currently conducted at Providence St.
Joseph Medical Center.
b. Convene a health science working group to identify emerging needs and create the environment to attract and support emerging subsectors. c. Identify underutilized space ideally suited for a future consolidation of health science ventures, trials, programs, and conferences [also Goal 2]. 13Economic Development Strategic Plan 14 Economic Development Strategic Plan ATTACHMENT 3 - 8
139
GOAL 5:
Increase the resources to support diverse, independent small businessesSmall businesses provide diversity and uniqueness to the Burbank community. With their mission to serve the local community and the special value of lending well-known charm and character to the City, these small businesses have few resources to sustain themselves or grow.
OBJECTIVES:
1. Develop a formal small business assistance program funded through the general fund and with future funds and resources available for small businesses from local, state, federal, non-profit, and academic partners.
2. Utilize the appointed Business Concierge Liaison to oversee and support small and micro businesses, from opening to expansion.
3. Develop retail incubation spaces and “maker spaces” to grow micro and entrepreneurial businesses, and facilitate the ability for others to do the same.
4. Develop a Burbank-specific resource guide to assist small business reach goals as related to DEI (as described in Appendix B), sustainability, and workforce.
5. Explore offering low- or no-interest loans or grants for tenant improvements and facade improvements to attract businesses to the City.
6. Manage parking to increase turnover and offer better customer experience.
Intended Results:
Support and assist 100 small businesses each year to increase their staying power in the City and demonstrate to other small businesses that Burbank is the right choice for them, which will fill vacancies in the City’s unique business districts.
GOAL 6:
Market Burbank to attract businesses and employeesSegment marketing to those who want to work here or open/relocate their business here is essential to attract the types of businesses targeted in this plan. This effort should leverage Burbank’s current assets and take them to the next level.
OBJECTIVES:
1. Re-invigorate the Choose Burbank website by adding short videos and creative content that showcase the ecosystem for businesses and amenities for employees, with assets featured including shopping, dining, recreation, lifestyle, quality of services, and other elements of employee satisfaction.
2. Develop new collateral materials and marketing campaign to attract businesses.
3. Create use cases and testimonials that reflect all levels of business success.
4. Coordinate with international Sister Cities to promote Burbank for relocation and investment.
5. Develop a Foreign Direct Investment (FDI) engagement program with key partners and City staff to encourage discovery visits and relocation.
6. Enhance the relationship with the Verdugo Workforce Board to create a stronger workforce.
Intended Results:
Focused, ongoing business attraction efforts, which would increase inquiries from businesses via the
Choose Burbank website by 20%, thereby increasing new businesses opening in Burbank and bringing more livable wage jobs to the City.
STAFFING ANALYSIS
AND RECOMMENDATIONSCURRENT ACTIVITIES
In pursuit of economic vibrancy and stability, the
Burbank Economic Development team takes the lead
in attraction, retention, and expansion of businesses,
promoting and growing entrepreneurship, and
enhancing tourism for the City. Fulfilling these
mission-critical objectives and the myriad of related
tasks, including the management and operations
of two business improvement districts (BIDs),
coordinating with stakeholders, strategic partners,
and departments within the City, and keeping all
abreast of progress and priorities, currently falls on
four individuals who form the Economic Development
team. All of these activities will continue to be
essential elements of the ongoing success of the
team’s mission. The upcoming strategic plan will add
a significant number of new goals, objectives, and
tasks that will require more team members and a
new structure to manage the team so outcomes are
achieved in a timely manner.
With the limited investment in Economic
Development, the City has seen remarkable results.
Sales tax and property tax revenues continue to
increase year over year with $61,697,887 received
in FY22/23 for sales tax and $69,425,311 received in
property tax revenues, both of which are projected
to increase in FY 23/24. The increase in property tax
can be attributed to the increase in development of
mixed-use and hotel projects in the City. The City has
added 150 new hotel rooms in 2023 alone, with 307
under construction. In the past year alone, Transient
Occupancy Tax has generated more than $12 million
in revenues for the City. Because of investments
in economic development throughout the years,
Burbank can boast that its AMC Theatres rank in the
top three AMCs globally, and the Empire Center is the
sixth most visited shopping center in the nation. As
we continue to emerge from the global pandemic, it
is imperative that these efforts continue and expand.
In 2023, the Burbank Economic Development team
continued to provide these essential services: Business Attraction, Business Retention, Entrepreneurship
Promotion and Growth, and Tourism Enhancement.
While each of these service areas uniquely contribute
to the City’s economic growth, the tactics are
multifunctional in that a given tactic may support
more than one of the essential services.
15Economic Development Strategic Plan 16 Economic Development Strategic Plan Photo Credit: AMC Theaters
ATTACHMENT 3 - 9
140
Business Attraction
The Economic Development team is actively involved in attracting new businesses to Burbank, whic
h is an essential component of building neighborhood character and vibrancy, as well as maintaining sales tax revenue. To attract new businesses to the City, the Economic Development Team (ED Team) provides a number of resources to assist with site selection, marketing analysis assistance, and connection to resources.
1. For businesses, real estate professionals, retail executives, and developers looking to relocate to Burbank, the ED Team delivers detailed statistics, specific sites, and appropriate commercial neighborhoods.
2. For property owners, the ED Team markets available opportunity sites and properties to potential developers and brokers, creates broker-focused events and marketing campaigns, and attends broker outreach and retail attraction-focused events.
3. To market business resources and programs offered by the City and the Burbank Chamber of Commerce, the ED Team delivers the Welcome to Burbank Program. New businesses receive a “welcome” certificate, email, and a letter with information about business resources and contact information.
4. To fill vacancies, the ED Team actively pursues more than 100 retail/restaurant concepts annually and matches them with existing vacant locations citywide.
5. To target decision-makers, developers, and brokers by using publications that include Western Real Estate, Shopping Center Business, CA Centers Magazine, and the Los Angeles and San Fernando Valley Business Journals, the ED Team creates annual advertising campaigns.
6. For businesses and developers during the Cit y’s entitlement process, the ED Team provides business concierge services to offer guidance and assistance in support of their needs and requirements.
7. To connect businesses with local, county, state, and federal resources and programs, in partnership with the Burbank Public Library, the ED Team facilitates one-on-one consulting services led by experts from SCORE, a nonprofit organization and resource partner of the US Small Business Administration (SBA).
Business Retention
As important as attracting new businesses, supporting and retaining existing businesses are critical t
o a vibrant economy because they provide stability to business districts and develop the base of customers that allows for economic growth. To retain businesses in Burbank, the Economic Development Team provides a number of programs related to marketing and social media, business concierge services, and connections to resources. For these businesses, the Economic Development team:
1. Assists small businesses with advertising to support local shopping and dining.
2. Creates dedicated digital and social media marketing campaigns promoting restaurants, entertainment, shopping, and events.
3. Supports commercial districts such as Magnolia Park, the Media District, Downtown Burbank, and the Airport District with marketing, social media, holiday decor, and ongoing business support.
4. Manages the City’s investment of $1million in one time funding for improvements to infrastructure and maintenance in Downtown Burbank, including irrigation repairs and replanting, improvements to alleys and paseos, and the purchase of barricades for event street closures.
5. Preserves and improves the aesthetics of Downtown through capital improvement enhancements to maintenance, holiday décor, infrastructure, and landscaping.
6. Manages the Special Events Process to streamline events and attract more visitors to Burbank.
7. Provides a Business Concierge Program to offer personal attention to businesses by helping them navigate through the City’s entitlement process, with assistance in site selection, zoning, and permitting for improvements and expansion.
8. Connects businesses with local, county, state, and federal resources and programs. Facilitates one-on-one consulting services for businesses led by experts from SCORE, a nonprofit organization, and a resource partner of the US Small Business Administration (SBA).
9. Supports al fresco dining parklets and outdoor dining on private property, allowing restaurants to expand their dining areas and creating more opportunities for guests. 17Economic Development Strategic Plan 18 Economic Development Strategic Plan ATTACHMENT 3 - 10
141
Entrepreneurship Promotion and Growth
Fostering entrepreneurship creates more home-grown businesses that will stay and grow in Bur
bank, as well as signals to other start-up companies that Burbank is the ideal place to locate.
To grow the entrepreneurial ecosystem and attract more start-up businesses in Burbank, the Economic Development team creates educational and networking opportunities with the goal of making Burbank a destination for innovative businesses, coupled with its business support services.
This includes:
1. Burbank Tech Talks: The principal program fostering entrepreneurship and encouraging the next generation of startups since 2016 is Burbank Tech Talks. The program consists of networking events and pitchfests aimed at connecting tech pioneers and emerging talent with top venture capitalists and tech visionaries to attract creative companies to Burbank.
This past year, Burbank Tech Talks also held an event in partnership with LA Tech Week.
2. Startup Academy Burbank: Launched in 2023, the Startup Academy Burbank is an online program for early-stage startups and founders to help them build a successful venture-scale “ready to launch” enterprise.
3. Pitchfest:This annual event attracts hundreds of submissions from start-ups in tech to pitch their ideas to a panel of esteemed judges for a chance to obtain additional mentorship and funding.
4. Upstart Valley: Burbank Economic Development joined forces with the City of Glendale to launch the two cities’ centrality as a regional technology powerhouse. Formally branded as Upstart Valley, this regional economic development partnership supports startups, entrepreneurs, and the tech industry at large with resources, networking events, workforce development, and access to regional partners.
5. The Economic Development Team facilitates one-on-one consulting services for businesses led by experts from SCORE, a nonprofit organization, and a resource partner of the US Small Business Administration (SBA), and connects businesses with local, county, state, and federal resources and programs.
Tourism Enhancement
As noted above, tourism continues to be an economic engine that has seen results as the City emer
ges from the pandemic. Strong returns in sales tax and transient occupancy tax from tourism spending continue to fund the quality of life that, in turn, attracts more visitors, businesses, and residents. The Economic Development Team manages and operates the City’s two business improvement districts known as the Downtown Burbank Property-Based Business Improvement District and the Tourism Business Improvement District, which generate additional resources for this important work. This includes:
1. Digital advertising campaigns targeting leisure travelers in drive-time and nonstop feeder markets into Hollywood Burbank Airport.
2. Leisure and group business outreach through third-party collaborations with Universal Studios Hollywood and Hotelplanner.
3. Sponsorship to attract conferences and events generating overnight stays such as A&R Worldwide’s MUSExpo Creative Summit; CTN Animation eXpo; Arts, Media, and Entertainment (AME) Institute, and AfroAnimation Summit.
4. Social media, influencer campaigns, and media visits communicating Burbank’s appeal to diverse audiences.
5. Destination development projects that enhance the visitor experience, including:
a. Equipping each hotel with One Burbank High-Speed Fiber Optics Internet Service for hotel guests and,
b. Creating monumental, iconic superhero statues that enhance social media awareness and generate buzz such as the Batman statue, the recently added Wonder Woman statue, and upcoming Green Lantern statues.
6. Creating dedicated digital and social media marketing campaigns to promote restaurants, entertainment, shopping, and events.
7. Sponsoring and attracting events such as the Burbank Comedy Festival, Burbank International Film Festival, Winter Wine Walk, Downtown Arts Festival, Burbank Cultural Market, and the Farmer’s Market.
8. Enhancing safety and providing hospitality and social outreach services through the StreetPlus Ambassador Program in Downtown Burbank.
9. Preserving and improving the aesthetics of Downtown through enhancements to holiday décor, infrastructure, landscaping, and maintenance.
19Economic Development Strategic Plan 20 Economic Development Strategic Plan ATTACHMENT 3 - 11
142
FUTURE STAFFING AND FUNDING NEEDS
To successfully achieve the goals and
objectives set forth in the Plan, additional
staff and a new Economic Development
Team organizational structure will be
needed. Coordination, supervision, and
implementation oversight of programs will
be critical to the Plan’s success. Furthermore,
one-time funding will be required to carry out
the Plan’s aggressive projects.
At the same time, this is a five-year plan, which
means that staff will consider how goals,
objectives, and resources are incorporated
into the annual budgets based on needs,
urgency, and citywide funding projections.
This will include future funding for specific
projects and corresponding implementation
staff. Needs will be reviewed annually with the
budget cycle and though staff’s work with the
City Manager’s Office.
COMPARATIVE ANALYSIS OF STAFFING IN OTHER CITIES
Burbank’s current staffing plan is the lowest compared to staffing levels in neighboring cities, including Glendale, Pasadena, and Santa Clarita. Notably, according to Glendale’s FY 2023-24 Adopted Budget, salaries and benefits in its Economic Development Division doubled from $711,420 in FY 2021-22 (actual) to $1,427,775 in FY 2023-24 (budgeted). This coincides with the City’s adoption of its first Economic Development 3-Year Strategic Plan (2022-2025) in 2022, which recognizes the investment Glendale needed to make to implement its strategic plan. Burbank’s current staffing levels for its Economic Development section are grossly disproportionate to its neighboring cities. Below is a comparative table of the four cities.
TIMELINE FOR IMPLEMENTATION
Objective
Start
Objective
End
New
Staffing
Positions
Funding
Needs
Goal 1: Streamline the permitting process to enhance the opening of new businesses and the expansion of existing businesses.
Objective
1.1 Establish a Business Concierge Liaison in the
Economic Development Division to create a
business assistance concierge cabinet of all City
departments that meets monthly, to track projects
and move them forward, thus reducing the time it
takes for permits to be issued.
FY 24/25 ongoing Senior
Analyst
Staff
Objective
1.2 Establish a liaison who can work directly with
the City Manager’s Office to accelerate opening,
expanding, remodeling, and other property
improvements and updates.
FY 24/25 ongoing Senior
Analyst
Staff
Objective
1.3 Develop a training program for all related City staff/ contractors focusing on steps to improve permit
timeliness and assist with critical development
projects.
FY 24/25 ongoing Senior
Analyst
Staff &
Programs
Objective
1.4 Enhance Business Concierge Services to include
working with Mayor/Council and City Manager to
actively recruit potential businesses (“roll out the
red carpet”).
FY 24/25 ongoing Senior
Analyst
Staff
Goal 2: Optimize occupancy of vacant or underutilized spaces to maximize City revenues and opportunities.
Objective
2.1 Evaluate and identify highest priority underutilized parcels/spaces with potential for the most impact
in the City, and based on criteria, target them for
the appropriate use by clean tech, health science,
higher education, and other sectors.
FY 24/25 Q1 - 2025 Senior
Analyst
Staff
Objective
2.2 Investigate the feasibility of further activation of the Starlight Bowl as a cultural tourism destination
(also related to Goal 4, Objective 3a).
FY 24/25 Q1 - 2026 Existing
Staff
No Funding
Needed
Goal 3: Focus on innovation to ensure a vibrant, growing economy.
Objective
3.1 Launch a Burbank-centric incubator and
accelerator space to support the growth of top
industries including tech/AI/creative and related
sectors, with local investor/corporate involvement
and local leadership.
FY 26/27 ongoing Senior
Analyst
Staff &
Program
Funding
Objective
3.2 Establish a stakeholder group managed by
Economic Development to attract funding and
incentives to develop an incubator/accelerator in
Burbank.
FY 24/25 ongoing Senior
Analyst
Staff
Objective
3.3 Advocate for technology solutions to streamline
permit processes, including special events [also
serves Goal 1].
FY 24/25 ongoing
until
complete
Asst.
Director
Staff
Goal 4: Retain and expand Burbank’s leading and emerging industries to balance the future economy.
Objective 4.1 Creative Economy Sectorcontinued on the next page
4.1a Leverage the strength of the existing creative
sector for growth, visibility, and respect for the
legacy of our City’s economy.
FY 25/26 ongoing Admin
Analyst II
Staff
4.1b Convene a creative economy working group
to identify emerging needs and create the
environment to attract and support emerging
subsectors.
FY 25/26 ongoing Admin
Analyst II
Staff
21Economic Development Strategic Plan 22 Economic Development Strategic Plan ATTACHMENT 3 - 12
143
Objective
Start
Objective
End
New
Staffing
Positions
Funding
Needs
4.1c Designate a media sector liaison to coordinate
programs, events, and services, to proactively reach
out to every media-related company in the City.
FY 25/26 ongoing Admin
Analyst II
Staff
4.1d Pursue local incentives to retain animation
industry jobs in Burbank to complement the
California Film Industry tax credit.
FY 25/26 ongoing
until
complete
Admin
Analyst II
Staff
Objective 4.2 Healthcare Sector
4.2a Create a health science research and development
ecosystem, building on UCLA’s presence, other
academic institutions, and trials currently
conducted at Providence.
FY 26/27 ongoing Admin
Analyst II
Staff
4.2b Convene a health science working group co-
chaired by UCLA and Providence to identify
emerging needs and create the environment to
attract and support emerging subsectors.
FY 25/26 ongoing Admin
Analyst II
Staff
4.2c Identify underutilized space ideally suited for a
future consolidation of health science ventures,
trials, programs, and conferences [also Goal 2].
FY 25/26 Q3 - 2026 Admin
Analyst II
Staff
Objective 4.3 Tourism Sector
4.3a Conduct a positioning study that identifies a
unique selling proposition for Burbank when
compared to other cities in Southern California.
FY 24/25 Q2 - 2026 Admin
Analyst I
Program
Funding
4.3b Invest in a “clean and safe” marketing campaign
(with additional attributes identified in positioning
study) for visitors coming to Southern California, so
they see Burbank as the ideal hub.
FY 24/25 ongoing Admin
Analyst I
Program
Funding
4.3c Reimagine a Burbank circulating trolley to move
visitors and guests from hotels to business districts
and attractions.
FY 25/26 Q1-2026 Existing
Staff
Program
Funding
4.3d Utilize and promote vacant space for pop-ups
featuring temporary exhibits, cultural encounters,
and other experiential activities.
FY 24/25 ongoing Admin
Analyst I
Program
Funding
4.3e Streamline the management of special events
permit process.
FY 24/25 ongoing Existing
Staff
None
4.3f Support development of the National Animation
Museum in Burbank.
FY 24/25 ongoing
until
complete
Existing
Staff
None
continued on the next page
Objective
Start
Objective
End
New
Staffing
Positions
Funding
Needs
Goal 5: Increase the resources to support diverse, independent small businesses.
Objective
5.1 Develop a formal small business assistance
program funded through the general fund and
with future funds and resources available for small
businesses from local, state, federal, non-profit,
and academic partners.
FY 27/28 ongoing Senior
Analyst
Staff &
Program
Funding
Objective
5.2 Utilize the appointed Business Concierge Liaison
to oversee and support small businesses, from
opening to expansion.
FY 24/25 ongoing Senior
Analyst
Staff
Objective
5.3 Develop retail incubation spaces and “maker
spaces” to grow micro and entrepreneurial
businesses.
FY 26/27 ongoing
until
complete
Senior
Analyst
Staff &
Program
Funding
Objective
5.4 Develop a Burbank-specific resource guide to
assist small business reach DEI, sustainability, and
workforce goals.
FY 26/27 Q4 -2025 Admin
Analyst II
Staff &
Program
Funding
Objective
5.5 Explore offering low- or no-interest loans or
grants for tenant improvements and facade
improvements to attract businesses to the City.
FY 27/28 Q1 - 2031 Admin
Analyst II
Staff &
Program
Funding
Objective
5.6 Manage parking to increase turnover and offer
better customer experience.
FY 25/26 ongoing
until
complete
Existing
Staff
Staff &
Program
Funding
Goal 6: Market Burbank as a destination for businesses and employees.
Objective
6.1 Re-invigorate Choose Burbank by adding short
videos and creative content that showcase
the ecosystem for businesses and amenities
for employees, with assets featured including
shopping, dining, recreation, lifestyle, quality of
services, and other employee satisfaction.
FY 24/25 Q3 - 2025 Admin
Analyst II
Staff &
Program
Funding
Objective
6.2 Develop collateral materials and an influencer/
social media campaign to attract businesses.
FY 24/25 Q4 - 2025 Admin
Analyst II
Staff &
Program
Funding
4.3g Develop a Property-based Business Improvement
District in Magnolia Park.
FY 24/25 Q1-2026 Admin
Analyst II
None
4.3h Collaborate with Park and Recreation and Library
Services to create a formalized, robust arts
program.
FY 24/25 ongoing Existing
Staff
None
4.3i Increase transient occupancy tax rate to be aligned with neighboring jurisdictions.
FY 25/26 ongoing
until
complete
Existing
Staff
None
Objective 4.4 Higher Education Sector
4.4a Convene a higher education working group to
identify opportunities to attract and support
Burbank’s emerging subsectors.
FY 25/26 ongoing Admin
Analyst I
Staff
4.4b Facilitate the multiple universities that currently have satellites to expand with a multi-functional
educational presence.
FY 25/26 ongoing Admin
Analyst I
Staff
Objective
6.3 Create use cases and testimonials that reflect all
levels of business success.
FY 24/25 ongoing Admin
Analyst II
Staff &
Program
Funding
Objective
6.4 Coordinate with international Sister Cities to
promote Burbank for relocation and investment.
FY 26/27 ongoing Admin
Analyst II
Staff
Objective
6.5 Develop an FDI engagement program with key
partners and City staff to encourage discovery
visits and relocation.
FY 27/28 ongoing Admin
Analyst II
Staff &
Program
Objective
6.6 Enhance the relationship with the Verdugo
Workforce Board to create a stronger workforce.
FY 24/25 ongoing Existing
Staff
None
23Economic Development Strategic Plan 24 Economic Development Strategic Plan ATTACHMENT 3 - 13
144
OPPORTUNITIES
Avenues for positive change and growth in Burbank
• Implementation of Specific Plans upon adoption
• Fully utilize properties for development (including the mall, former IKEA location, and Empire Center) • Enhance cultural tourism potential by opening up venues that are underutilized (such as the Starlight Bowl) • Help businesses attract more customers
• Develop incubators or accelerators to support start-ups and new business growth, including an innovation commission/fund to support innovative businesses
• City services are primarily for residents and could be promoted to businesses and employees (create a welcome packet from the City for new employees)
• Use technology solutions to eliminate delays and streamline processes • Help community understand/define the level of service that can be realistically provided • Provide early communication (with longer lead times) to businesses on policies that may impact them • Educate commissions on impacts of decisions on businesses • Create more visible political leadership that shows support for current businesses and recruits new businesses • Create a true “red carpet” service (e.g., concierge service, customer service training for City Departments) to roll out to new businesses and involve all stakeholders, including the Mayor, City Council members, and City Manager • Increase the proactive and intentional outreach to targeted businesses/sectors/industries • While providing a significant “resource center” for increased business outreach and business attraction, involve more touchpoints and staff with specialized functions
• Attract more upscale/quality businesses and restaurants • Promote more filming in the City
• Enhance public infrastructure in business districts to increase walkability and customer experience • Consider a design overlay zone to support districts like Magnolia Park • Create increased demand for hotel stays (to fill the new hotels) • Offer low-interest or no-interest loans for tenant improvement to attract businesses to Downtown Burbank • Create a true business ombudsman that has the authority of the City Manager’s office to move simple and complex projects through the City process to open
• Create a City vision that developers/businesses can map onto, reducing the amount of conditional approvals and processes (e.g. Program level EIR for the Downtown)
THREATS
Pressures and actions that present obstacles to growth and development in Burbank • Competition from neighboring cities (including Glendale and Santa Clarita) that have reputations for more effective processes and greater support
• Cost of living/housing affordability impedes growth
• Hybrid and remote workers have resulted in companies no longer needing significant physical presence; thus “businesses can locate anywhere”
• Businesses require convenient location and services, without traffic delays for commutes, deliveries, and pick-ups • Unrealistic demand for City services with a lack of revenue increases to provide them • Changes in political leadership/direction may diminish the perception of continuity and detract from development • More development projects looking to streamline/fast-track using legislation (SB 35, SB 330) • A flood of ADUs are filling the permitting process pipeline and choking off capacity for other projects • State rules dictate approvals and some processes, making over-the-counter plan check much longer for previously “easy” items
• Closures of independent businesses and long-term vacancies in business districts reduce the number of customers visiting districts
• Long permitting timeline for new businesses opening with TI, signage permits, etc. may prevent small businesses from opening
• Travel to the City may be impacted by other cities’ opening local attractions, which means less people are traveling to Burbank and this region for an experience
• Business travel remains down as electronic meetings continue to replace some fraction of direct visits and face-to- face presentations/gatherings
APPENDIX A: SWOT ANALYSIS
STRENGTHS
Positive impressions associated with Burbank
• Premium City services
• Effective, well-respected Economic Development staff
• City has own water and power utility
• Preservation of neighborhood character in various residential districts (Magnolia Park, Rancho, etc.) • Prime location within the region: airport, freeways, Metrolink • Safe, small town-feel, especially because City staff and City leaders are accessible • Specific planning efforts underway with forecast for successful growth • Access to local and regional pool of labor
• Good schools with strong reputation
• No gross receipts tax
• Timely certification/adoption of Housing Element Update • Healthy business organizations like the PBID, Hospitality Association, Magnolia Park Merchants Association, and Chamber of Commerce
• City manages two well-funded BIDs
• Known as the “Media Capital of the World”
• Developing impressive tourism brand
• People want to be in Burbank
A SWOT analysis is a strategic planning tool used to identify and understand the Strengths, Weaknesses, Opportunities, and Threats so that at this stage an effective process can be utilized to set achievable objectives.
Strengths: These are internal attributes and resources that support a successful outcome, because it leverages what the City excels at and how it stands out from competitors. Weaknesses: These are internal factors that might hinder the achievement of an objective. Recognizing weaknesses allows the City to mitigate or eliminate barriers to success. Opportunities: These are external factors that the City could exploit to its advantage. Identifying opportunities enables the City to capitalize on external trends, market demands, or changes in the environment to grow and expand. Threats: These are external challenges that could hinder the City’s plans. Recognizing threats helps the City prepare and strategize against potential challenges that could impact its stability and growth.
WEAKNESSES
Limitations and challenges associated with Burbank
• Limited, underutilized land which prevents significant physical business growth • Staffing limitations inhibit the delivery of services an d attention needed for the current and growing business community, significantly impacting planning/permitting/inspection • ADUs and large scale developments are perceived to be taking up all resources; ordinance adopted changing standards for reviewing single family residence renovations • Not enough Economic Development staff to meet current and future expectations • The success of Economic Development is reliant on other departments, and city departments don’t coordinate enough and often works in silos
• Reputation of City process (not staff) is less favorable (staffing and process issue versus a competency issue) • Permitting timelines are unpredictable and unreliable, making new business openings and expansion difficult • Optics signal that City leaders are publicly anti-business based on political statements (e.g. “Amazon Tax”) • Development projects are subjected to exactions from the dais during hearings • Perception that City commissions are not consistently or fully considering the impact of their requests and decisions on local businesses
• After development was largely dormant for a prolonged time period, the swing to more active development is a shock to many, longer tenured residents
• Housing in the downtown is insufficient to support retail desired • Job growth versus available housing presents a remarkable imbalance • Burbank’s reputation is based on media as its primary industry and a concern arises that “all eggs are in one basket”
• When large businesses are taken for granted (with the presumption that they will always be here), the City is putting itself jeopardy (e.g. the historical departure of Lockheed) • Insufficient funds available to support local events that don’t contribute towards generating hotel stays and transient occupancy taxes
• Not enough property owner alignment with the vision the City and local community leaders have for the City • Lots of vacancies spread out across the city
• No research institution in or directly adjacent the City 25Economic Development Strategic Plan 26 Economic Development Strategic Plan ATTACHMENT 3 - 14
145
BENEFITS FOR NEW AND GROWING BUSINESSES
Incubators and accelerators can provide startups
with the resources, mentorship, and networking
opportunities they need to grow and succeed in the
areas of innovation in technology, healthcare, and
green tech. Benefits include:
1. An environment to test: Companies need
an “
innovation environment” to ideate and
evaluate possible solutions to business
challenges. An incubator or business
accelerator provides the opportunity for
a business to test ideas from inside the
business and evaluate possible solutions that
exist in the market—all in an environment
designed exclusively for this purpose.
2. Unique partnerships and opportunities:
Incubators and accelerators can help
star
tups expand their geographic footprint
and augment their field force by structuring
customized partnerships that leverage
shared services platforms and inject
immediate capital into the distributor. This
growth can serve to strengthen a startup’s
position within its industry marketplace,
furnishing it with additional (and unique)
opportunities with carrier partners.
3. Access to new audiences: Incubators and
ac
celerators can give startups funding,
access to industry experts or mentors,
education, and learning. They can also
place startups on a stage whereby their
technology company is able to tap into
audiences that were previously out of reach.
Feasibility of Incubators/Accelerators
As the City pursues a strategy of launching
innovative companies via accelerators / incubators,
the success of these programs depends on four
key factors: 1) the City’s commitment to providing
a runway for the program to develop and launch, 2)
securing shared/private space, 3) investment from
commercial, foundational, or governmental sources,
and 4) identifying the right, dynamic individual(s) to
lead and manage the program.
With the four corners of the foundation for these
programs initiated, the work of promoting the
programs, identifying qualified candidates,
and developing the processes for vetting them
and securing their involvement will be critical
next steps. In addition, there is tremendous
potential for restructuring the City’s reputation by
communicating how and why the City is balancing
its historic legacy with this emphasis on forward
thinking innovation. Burbank may be able to
uniquely claim this highly desirable amalgam
of quality living in a welcoming hometown that
embraces the fast-moving and dynamic culture of
business on the cutting edge.
APPENDIX B: ECONOMIC DEVELOPMENT RESOURCESINCUBATORS AND ACCELERATORS Incubators and accelerators are programs that provide startups with the resources and support they need to grow and succeed. These programs can offer a variety of different services, such as office space, mentorship, funding, and access to a network of resources and contacts. They are designed to help startups overcome the challenges of starting a new business, particularly in the ar eas of innovation in technology, healthcare, and green tech. They create cohorts or less formal networks that enhance participants’ communication, problem- solving, and motivation.
Cities that design and provide these programs are proactively building an innovation-focused future to create a vibrant, balanced economy that may deliver or attract financial equity, FDI and domestic investment, jobs, and a culture of diversity and inclusion. There are differences between the two programs, as described below.
Incubators are designed to help early-stage startups develop their ideas and products. They may offer a range of ser
vices, such as mentorship, networking, office sp ace, legal and financial advice, and access to funding.
Incubators are often run by an experienced leader who can gain the support of universities, government agencies, or private companies. Incubators provide a supportive environment for startups to test their ideas, build their teams, and refine their business models. An incubator typically lasts for several months to several years, depending on the needs of the startups and the vision for the program.
Accelerators, on the other hand, are designed to help startups or early-stage ventures that are already established and ha
ve a product or service that is ready to penetrate the market or scale rapidly. Accelerators offer a more intensive and structured program than incubators, with a focus on growth and expansion. They provide services such as mentorship, coaching, networking, access to funding, and exposure to investors.
Ventures that do well in accelerators typically generate success within a few months to one year, benefitting from the significant expertise and guidance provided.BENEFITS FOR THE CITY City-sponsored incubators and accelerators can provide a range of benefits to the local economy. By providing a supportive environment for startups and entrepreneurs, City-sponsored incubators and accelerators can help create a stronger, more vital, and attractive economic environment for the City. They can help create new jobs, foster innovation and entrepreneurship, diversify the local economy, attract and retain businesses, and increase investment in the local economy. Some of the key benefits of incubators and accelerators to the City include:
1. Intentional diversification of the local economy: Incubators and accelerators can help diversify the local ec
onomy by supporting the growth of startups in different industries and sectors. By providing a clear focus or specific requirements for inclusion, the City can create the balance of sectors that is most desirable or drive the creation of a supportive ecosystem that manifests in deeply rooted, connected, and sustainable business relationships. Without limiting involvement or providing any special incentives, the diversification goals may include DEI, FDI, and other factors if the information about the incubator/accelerator is made available to specific audiences.
2. Job creation: Incubators and accelerators can help create new jobs in the local economy by supporting the gr
owth of startups and small businesses. As community members in the labor force require retraining or transition of skills to emerging industries, an incubator/accelerator may provide internships, industry education and awareness, and even volunteer opportunities that lead to networking and employment.
3. Innovation and entrepreneurship: Incubators and accelerators can foster innovation and entr
epreneurship by providing resources, mentorship, and networking opportunities to startups and entrepreneurs. By drawing subject matter experts, innovators, and other forward-thinking individuals to participate in these opportunities, the City may benefit from media coverage, industry buzz, and investor attention (including FDI) about its plans, efforts, and outcomes.
4. Attracting and retaining businesses: Incubators and accelerators can help attract and retain businesses b
y providing a supportive environment for startups and entrepreneurs. Among the drivers of reputational value that create a competitive edge for the City, the vibrancy of innovation and entrepreneurship is particularly valuable and somewhat unexpected when combined with the welcoming, safe, and resilient attributes of Burbank.
5. Increased investment: Incubators and accelerators can attract investment to the local economy by pr
oviding startups with access to funding and other resources. From both domestic and FDI sources, an incubator or accelerator is a rallying point for a growing economy. 27Economic Development Strategic Plan 28 Economic Development Strategic Plan ATTACHMENT 3 - 15
146
the LGBTQIA+ population, including the second annual Family Pride in the Park festival in 2023, based on Burbank Pride’s mission to create “uplifting, entertaining, educational, and safe events.” In addition, the Burbank YMCA has opened the first LGBTQIA+ Resource Center as part of the Burbank Social Impact Center.
3. Neurodiversity
Approximately 15-20% of the general population is considered neurodiverse. Neurodiversity includes a variety of conditions where individuals’ brain functions, learning, or behaviors differ from what is typically expected, such as dyslexia, ADHD, autism spectrum disorders, and others.
4. Individuals with access and functional needs
One in eight people have some form of access and functional needs: mobility affecting 7% of the population, hearing difficulties affecting 4% of the population, and vision impairments affecting 2% of the population. Chronic or acute mental or psychosocial disabilities also affect the working population. While some disabilities are visible, and some unseen, individuals with disabilities may be included in the general understanding of DEI’s intended outcome, which is to make the workplace accessible and welcoming.
DEI Best Practices in Economic Development
1. Use inclusive graphics and content. Illustrations, photographs, and other images should be created or selected for diverse representation of individuals. Examples and situations should reflect a spectrum of racial, gender, ableness, and cultural diversity, related to individuals, families, spouses, partners, employees, business owners, and others.
2. Consider workplace accommodations and accomm odations at events. For the neurodiverse in the workplace, this may include quiet areas, flexible work schedules, teleworking, and communication adjustments such as speaking without expectation of inferential meaning and providing questions in advance.
3. Provide sensitivity training and use evaluations to reward leaders and employees who model compassion for differences and difficulties.
4. For events and other interactions with the prospective business owners and other individuals, plan to provide representation where possible and accommodate diversity.
5. Recognize City departments as well as external City organizations, businesses, and individuals who are role models for DEI training, DEI practices in action, or advocacy by convening a community based working group that can identify who deserves recognition and determine what the appropriate recognition should be.
6. Recognize and provide support for Burbank-based cultural affinity groups which may be community or business based, as well as other DEI or DEI-related groups, by asking what support these groups would prefer and prioritizing resources available to make that available to businesses.
7. In pursuit of FDI and the related interactions, meetings, and hospitality, all DEI best practices should be kept in mind with the goal of accommodating the distinct cultural or other differences and preferences of individuals and organizations, especially considering Sister City relationships.
FOREIGN DIRECT INVESTMENT (FDI)
FDI has potential positive impact on Goal 3 (Focus on innovation to ensure a vibrant, growing economy) and Goal 4 (Retain and expand Burbank’s leading and emerging industries to balance the future economy).
Foreign direct investment (FDI) is investments made by foreign companies or individuals in the United States.
While the City has the opportunity to make direct outreach to prospective foreign investors, it may also choose to participate with the US federal government’s efforts. Working in concert with local economic development organizations through the US, the International Trade Administration, as part of the US Department of Commerce, is the sole federal program dedicated to promoting and facilitating FDI in local communities through its SelectUSA resource center. Thus, approaching FDI in several different ways may be appropriate for the City.Key Facts about FDI
1. The US had received the lion’s share of global FDI from 1985 to 2016, garnering 40% of the total value of FDI in 1999 until that precipitously dropped to 24% in 2016. SelectUSA is the federal program that focuses on bringing a full range of FDI, from small to large scale investments, to local cities and communities.
2. An analysis of currently successful FDI in California may be helpful in identifying which countries are the most promising potential targets for pursuing FDI in Burbank.
DIVERSITY, EQUITY, AND INCLUSION FOR THE PURPOSE OF ECONOMIC DEVELOPMENT Goals for diversity, equity, and inclusion (DEI) are meant to create a welcoming, ethically informed, and unbiased environment within the City to make its workplace and
the community safe, vibrant, productive, and attractive to all individuals that work at the City, and the businesses, organizations, and civic groups that interact with the
City. Intentionally creating a culture of inclusion is key to employee retention, job satisfaction, and productivity because respect and recognition are drivers of engagement, loyalty, and collaboration among team members.
DEI policies are integral to the success of the City’s
economic development goals, because DEI reflects best
practices in recruitment, hiring, employment policies,
leadership and team communication, training portrayals, workplace practices, physical access to City properties and events, supportive technologies for communication with
communities (including live, print, online, and social media), language translation, and the tactical implementation of events including physical access, choice of speakers and locations, and representation in the content selected.
That the City enjoys an earned reputation for providing a safe, welcoming, and vibrant place for everyone requires awareness and regard for specific populations currently
served by City, and those whom the City aspires to serve.
Implementing DEI best practices helps ensure that
reputation. For example, the economic development
plan expands the City’s interactions with culturally and otherwise diverse founders of healthcare and technology ventures, small family businesses, BIPOC business owners, and a mosaic of business visitors, civic and business leaders, and tourists. The following are ways the City can include DEI in Economic Development activities:
1. Assessing the City’s current practices for success in providing equitable opportunity, as well as screening them for bias related to City job recruitment, job enrichment, promotions and transfers, job satisfaction, fairness and representation, workplace acc ommodations, and dispute and conflict management, including a review of the instruments for employee evaluations.
2. Assessing general and skill specific training and its results on both internal and external interactions, learning programs for unconscious bias trainin g, harassment/bullying training and awareness campaigns, and disability etiquette seminars.
3. Expanding or remediating DEI training as needed thr oughout the City, including the protocols for multicultural outreach, key elements of “red carpet” service, customer service, dispute mediation, and the incubator/accelerator program.
4. To the degree desirable, the City may choose to make DEI materials available to support employers and organizations.
Defining Diversity in the City
In order to effectively incorporate DEI functions, there are basic insights that must be understood about Burbank and community at large:
1. Racial demographics
The City of Burbank has approximately 1,500 employees on the City’s payroll. The City’s racial demographics consist of these racial identifiers: 2.5% African American, 0.4% American Indian/Alaska Native, 11.4%, Asian Pacific, 24.9%, Hispanic, and 71.5% non-Hispanic White
2. LGBTQIA+ Community
Over 15% of GenZ individuals self-identify as LGBTQIA+ and the overall population is estimated at over 7%. The City has begun building a record of creating a safe and welcoming environment for 29Economic Development Strategic Plan 30 Economic Development Strategic Plan ATTACHMENT 3 - 16
147
10945 Burbank Blvd, North Hollywood, CA 91601
818-570-3408
www.stratiscope.com
California Foreign-Owned Establishments (FOE) Ranked by Source Nation (2022)SELECTUSA Leveraging the resources of the US Department of Commerce, particularly via participation in the annual SelectUSA investment conference (typically held in early summer), is a promising strategy to consider as Burbank seeks to fulfill its five-year goals for entrepreneurship, innovation, clean tech, and healthcare. SelectUSA functions as a matching platform for international investors and economic development organizations. Over the past 11 years, the annual SelectUSA conference has grown so that it now serves 5,000 attendees, including over 2,300 business investors from 80 international markets. The upcoming June 2024 conference is focused on innovation and entrepreneurship, hence its alignment with the City’s goals.
Overall, the programs and services provided by SelectUSA are geared to streamline the complex decision- making and start-up processes related to FDI. It seeks to be a one-stop-shop for global business investors to connect with the right leaders at the local level within the US and provide guidance on navigating the federal regulatory system when that is at issue. TACTICAL ACTIONS
1. To assess the opportunity to participate in the annual conference and other federal SelectUSA programs, visit www.trade.gov/selectusa
2. Per the top ten list, the City may commence marketing directly to these countries’ business or
ganizations, central and local governments, and universities. Calling attention to California being such a popular destination for FDI and featuring the ChooseBurbank message will accentuate a proven competitive advantage.
3. Leverage the incubator/accelerator development as part of the outreach and presentations for FDI, which might include pitch competitions for positions in the incubator/accelerator that specifically call for foreign ventures or include distinguished foreign investors as judges.
4. Amplify the sister City relationships Burbank currently has with Solna, Sweden; Incheon, Korea; Gaborone, Botswana; Ota, Japan; and Arezzo, Italy by intensifying the marketing outreach and visits/ tours to potential partners, suppliers, and the workforce.
Rank Country Jobs % of all FOE jobs Establishments Est. Wages ($Millions)
1 Japan 105,053 16.7% 3,523 10,978.1
2 U.K. 94,601 15.0% 2,358 9,363.0
3 France 63,241 10.0% 1,788 6,052.5
4 Canada 48.337 7.7% 1,486 5,300.3
5 Germany 45,246 7.2% 1,310 4,909.9
6 Switzerland 40,434 6.4% 717 4,615.3
7 Ireland 31,356 5.0% 494 3,366.1
8 China 18,324 2.9% 694 1,808.5
9 Sweden 17,112 2.7% 293 1,520.6
10 Taiwan 16,965 2.7% 405 1,650.9
Source: Dun & Bradstreet’s FDI Dataset analysis by LAEDC Institute for Applied Economics 31Economic Development Strategic Plan
ATTACHMENT 3 - 17
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City of Burbank
Patrick Prescott, Community Development Director
Simone McFarland, Asst. Community Development Director
Mary Hamzoian, Economic Development Manager
Marissa Cardwell, Senior Economic Development Analyst
Aida Ofsepian, Economic Development Analyst
Odette Zakarian, Economic Development Analyst
ATTACHMENT 3 - 18
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ATTACHMENT 4 – 1
Attachment 4: Summary of Proposed Amendments
Proposed Zone Text Amendment (ZTA)
The recommended amendments are summarized in the tables below.
Summary of Recommended Amendments
to the BMC, Title 10, Chapter 1 (Zoning)
Code Section Overview of Proposed Amendment
10-1-502: Uses in All
Zones (except Residential
Zones)
Adds School—Trade/Vocational as a new use under
sub-header Recreation, Education, and Assembly.
10-1-203: Definitions Removes “TRADE SCHOOL” reference and definition, revises existing “SCHOOL” definition to remove the
reference to vocational or professional school s, and
adds “SCHOOL—TRADE/VOCATIONAL” as a new
definition.
10-1-1408: Spaces
Required
Establishes a parking standard for the School–
Trade/Vocational as 1 space per student. Reductions to
this parking rate may be granted, subject to the
Conditional Use Permit (CUP) process as specified in
BMC Section 10- 1-1934 et. seq. or the applicable
discretionary review application required for the use. The applicant shall provide a parkin
g study prepared by a
qualified professional to justify the reduced parking rate.
Updates to previously approved parking reductions may
be granted under a CUP /AUP
Minor Modification,
subject to the consideration of a parking study prepared by a qualified professional to justify the reduced parking rate.
150
Attachment 5: Staff Report, Resolution,
and Meeting Minutes for the October 13,
2025, Planning Commission Meeting
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Planning Commission Staff Report, Dated
October 13, 2025
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Planning Commission Resolution, Dated
October 13, 2025
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Planning Commission Meeting Minutes
for the October 13, 2025, Public Hearing
Date
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Planning Commission Minutes
October 13, 2025
CALL TO ORDER 6:01 p.m.
MOMENT OF
REFLECTION
Chair Wick led the moment of reflection.
FLAG SALUTE
Chair Wick led the flag salute.
ANNOUNCEMENTS
HEARINGS
1. Project No. 24-
0000703, A
Request for a
Variance to Allow
A Front Yard
Setback Of 8.18-
feet for the
Existing Sharky’s
Restaurant
Building; A Front
None.
PROJECT DESCRIPTION:
The Applicant, Allen Matkins Leck Gamble Mallory & Natsis LLP, on behalf of Burbank Empire Center LC (Property Owner), has submitted a request for a Variance and Lot Line Adjustment for the Project Site located at 1791 North Victory Place. The Lot Line Adjustment (LLA) is requested to align the existing pr operty line location of the Project Site with public improvements that were constructed by Caltrans as part of the Interstate- 5 (I -5)/Empire Avenue Interchange Improvements Project (Interchange Project), as well as additional public sidewalk and landscaping improvements remaining from the Interchange Project that will be constructed to
ROLL CALL
Present- - - -
Planning Commission Members: Chair, Samantha Wick;
Members, Mike Van Gorder, Jason Bennett,
Absent- - - - Vice Chair Safarian; Commissioner Mendez
Also Present- Chief Assistant City Attorne y, Jill Vander Borght ; Assistant Community Development Director, Fred Ramirez; Planning Manager, Scott Plambaeck; Principal Planner, Leonard Bechet; Principal Planner, Daniel Villa; Senior Planner, David Kim ; Senior Planner, Vanessa Quiroz, Assistant Planner, Eduardo Rendon; Clerical Worker, Diana Arias
ATTACHMENT 5 - 42
192
yard Setback
Between 9.91-
and 9.95-feet for
the Adjacent
Trash Enclosure
to the West of
Sharky’s
Restaurant; and
a Retaining and
Garden Wall
Height of 9.5-
and 4-feet,
Respectively, as
a Result of a
Proposed Lot
Line Adjustment
to Align and
Correct the
Property Line
Location Along
West Empire
Avenue to be
Consistent with
the Approved
Public Right-Of-
Way
Improvements of
the I-5/Empire
Interchange
Improvements
Project for the
Subject Property
Located at 1791
North Victory
Place.
restore pedestrian circulation between Empire Avenue, Victory Place, and the Burbank Empire Center. A Variance is also requested because the Interchange Project improvements reduced the setback along Empire Avenue near an existing restaurant building (currently occupied by Sharky’s Woodfired Mexican Grill (Sharky’s Restaurant) and adjacent trash enclosure locate on the Project Site below the 15- foot setback requir ed by the applicable Planned Development (PD) 97- 3 Zoning, The Variance also includes a request to deviate from the maximum front yard wall height requirement of 3 feet applicable to the Project Site under the PD 97 -3 Zone to accommodate the new public pedestrian
improvements.
ENVIRONMENTAL REVIEW:
It is Staff’s assessment that the Project to be Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15305(a) (Minor Alterations in Land Use Limitations). The Project qualifies for this Categorical Exemption because it involves a minor lot line adjustment, front yard setback variance, and retaining and gar den wall height variance that does not result in any creation of a new parcel or intensification or change of land use. The Project would correct the alignment of the property line along West Empire Avenue to be consistent with public right-of- way improvem ents that were constructed as part of the separate Interchange Project. Staff has determined that there are no unusual circumstances that would preclude use of this CEQA exemption.
Meeting Disclosures:
None.
Notices Given:
Assistant Community Development Director Ramirez confirmed for the Commission that notices were given per the Burbank Municipal Code requirements.
Written Communication:
None.
Staff Report:
David Kim , Senior Planner, presented the project to the Commission.
Applicant Presentation:
Lindsey Tabaian, representative of the applicant, Burbank Empire Center, stated that she has been working with staff since 2016 regarding the Interchange Project. She provided a brief summary of ATTACHMENT 5 - 43
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why the Variance and Lot Line Adjustment request were needed to complete the unfinished Caltrans public improvements of Interchange Project adjacent to Burbank Empire Center . She also let the Commission know that she is available to answer any questions.
Public Comment:
None.
Staff Response to Applicant Presentation:
None.
Applicant Response:
None.
Commission/ Staff Q&A:
Commissioner Van Gorder asked if there will be any connectivity between the upper level of Victory Boulevard and lower level of Empire Avenue.
Senior Planner Kim explained there will be a public sidewalk that will connect to the pedestrian sidewalk along Empire Avenue to Victory Boulevard.
Commissioner Van Gorder asked who will pay for the sewer easement.
Senior Planner Kim stated the proposed sewer easement would have to go through a separate City Council public hearing and if approved by Council, it would allow the City to access Burbank Empire Center for sewer maintenance if needed.
Assistant Community Development Director Ramirez clarified that the proposed new sewer easement is to memorialize the location of existing infrastructure and the ability to access to the existing sewer line area for future improvements.
Chair Wick asked if any business or traffic will be impacted by the lot line adjustment.
Senior Planner Kim stated it will not affect any business or traffic.
Deliberation:
Commissioner Van Gorder made motion to approve Project No. 24- 0000703 a request for a Variance to allow a font yard setback of
8.18-feet for the existing Sharky’s Restaurant Building; A front yard ATTACHMENT 5 - 44
194
2. Project No. 25-
0004932, A Zone
Text Amendment
to Amend the
Burbank
Municipal Code,
Title 10, Chapter
1 (Zoning) to
Establish and
Permit School-
Adult /
Vocational /
Trade as a New
Use in the
Industrial Zones.
setback between 9.91 - and 9.95 -feet for the adjacent trash enclosure to the west of Sharky’s Restaurant; and a retaining and garden wall height of 9.5- and 4-feet, Respectively, as a result of a proposed Lot Line Adjustment to align and correct the Property Line Location along west Empire Avenue to be consistent with the approved Public Right -Of-Way Improvements of the I -5/Empire Interchange Improvements Project for the Subject Property Located at 1791 North Victory Place, seconded by Commissioner Bennett.
Motion carried by a 3-0 vote. Motion passes.
PROJECT DESCRIPTION:
A City initiated Zone Text Amendment to establish and permit “School – Adult/Vocational/Trade” as a new use in the in M -1 (Limited Industrial) and M -2 (General Industrial) zones of the Burbank Municipal Code (BMC), Title 10, Chapter 1, Zoning. The proposed use shall be subject to a Conditional Use Permit (CUP).
The amendments shall also include a new definition for the use and a minimum parking standard requirement.
ENVIRONMENTAL REVIEW:
It is Staff’s assessment that the proposed ZTA and associated Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the common-sense exemption. CEQA applies only to projects that have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the ZTA activity in question has no possibility of causing significant effect on the environment, the activity is not subject to CEQA. No unusual circumstances exist that would preclud e the use of this exemption. This proposed ZTA is an administrative activity of the city, which will have no potential significant environmental effect on existing development.
Furthermore, pursuant to CEQA Guidelines Section 15378, this ZTA and associated Ordinance are not considered a “project” subject to the requirements of CEQA because as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and instead involves administrative updates to the Burbank Municipal Code. The proposed ZTA and associated Ordinance do not effectuate any approvals of the use on a particular site as future CUP requests for the proposed use would have to be evaluated individually for compliance with applicable zoning regulations and CEQA.
ATTACHMENT 5 - 45
195
Meeting Disclosures:
None.
Notices Given:
Assistant Community Development Director Ramirez confirmed for the Commission that notices were given per the Burbank Municipal Code requirements.
Written Communication:
None.
Staff Report:
Vanessa Quiroz , Senior Planner, presented the project to the Commission.
Public Comment:
None.
Commission/ Staff Q&A:
Commissioner Bennett asked why staff decided to require a Conditional Use Permit (CUP) for vocational schools in the industrial zones when other types of schools in commercial zones require an Administrative Use Permit (AUP).
Senior Planner Quiroz explained the reason staff is proposing this process for vocational schools is based on staff’s research of other vocational schools that are currently operating in the City. The City has become aware of impacts that they, at times, have on to adjacent properties. Through the CUP process , it will allow staff to look at the use more carefully to ensure the site can accommodate the use and that the use is compatible with the surrounding properties.
Commissioner Bennett then stated that these are industrial sites so there should be less risk of impacting other sites negatively.
Senior Planner Quiroz elaborated that there could be potential issues with the site s, layouts, and parking . There are areas that have limited parking onsite and bringing in a new use , like a vocational school, may result in parking impacts to the surrounding industrial or residential neighborhoods.
Chair Wick asked if a vocational school would be considered a sensitive use when considering it against other commercial uses, such as Firearms.
ATTACHMENT 5 - 46
196
Chief Assistant City Attorney Vander Borght believed it is not but could not conclusively answer.
Chair Wick asked if colleges are considered as a sensitive area , similar to public schools.
Chief Assistant City Attorney Vander Borght stated that when processing the Firearms Regulations, Woodbury University was not considered a sensitive area; based on input from the City Planner .
The trade school located inside of the West Coast Custom building also did not qualify as a sensitive use; based on input from the City Planner.
Chair Wick asked for clarification regarding the proposed amendment. Specifically, whether the action would be limiting vocational schools to the industrial zones , or whether vocational school would also be allowed in other areas throughout the city.
Assistant Community Development Director Ramirez explained that in the past staff has used the interpretation of a school to apply to vocational schools to allow them in different zones. However, since it includes K-12 schools, the use is prohibited in industrial areas.
He further stated that staff has received a lot of interest in allowing new vocational schools in the M -1 zone where there are professional buildings can be readapted to accommodate schools.
The Community Development Director saw it as an opportunity to present a Zone Text Amendment to address the demand now while the City continues to work through the larger effort under the specific plan and see where else vocational schools can be allowed. With the new definition and new land use table vocational schools will be allowed in the M -1 and M -2 zones. However, the Ordinance as proposed would prohibit them in other zones throughout the city.
Lastly, staff took the approach of requiring a CUP in the M-1 and M- 2 zones to vet the use through a more rigorous process to ensure that there are no impacts and that there are protections for the surrounding neighborhoods if the demand gets too intense.
Deliberation:
Commissioner Bennett stated that he was not persuaded with the decision to request a CUP. It gives to much weight to Planning staff and their personal opinions on what should go on a site. If other types of schools are allowed to go through an AUP, then vocational schools should not be singled out for extra scrutiny . He proposed ATTACHMENT 5 - 47
197
amending the ordinance to require and AUP, instead of a CUP – treating vocational schools as other schools in the City.
Commissioner Van Gorder noted that in the industrial zones there are other active uses that have a pre-existing need for on and off- street parking. But acknowledged that there is a significant interest in proposing vocational schools in these areas. He noted that he is sensitive to the potential influx of the use but agreed with the concern of giving a lot of weight to planning staff through the CUP process. Given that we do not fully know how the use will impact the industrial areas, he proposed that after staff consider changing the permissibility of the use from a CUP to an AUP within one year of adoption of the ordinance.
Chair Wick expressed that CUPs are required for a reason, because the Commission would never want to adversely affect a
neighborhood inadvertently. She also noted that each part of Burbank is important. Chair expressed confidence in the experience and knowledge of staff and preferred to keep the CUP requirement to prevent neighborhood impacts . By changing the requirement to an AUP, it gives the impression that the Commission is not protecting neighborhoods. She expressed support of ordinance as written.
Commissioner Van Gorder agreed with Chair Wick.
Commissioner Bennett stated that the one student per parking requirement is too high especially when Burbank is trying to introduce more transit and proposed lowering the parking requirement.
Commissioner Van Gorder noted that the state is moving towards applying maximum parking requirements. H e also stated that the parking standard did not include parking for staff and was curious what that would end up looking like.
Commissioner Bennett stated that there was nothing that mandated staff parking and the school can allocate parking as they see fit.
Chair Wick noted that there are state mandates in terms of a parking but expressed that the Commission is not able to speak on whether those are an appropriate requirement , because there are no traffic studies. She also noted that the one-to-one ratio is appropriate.
Commissioner Van Gorder followed up by saying that this can be discussed when a future application is presented to them.
ATTACHMENT 5 - 48
198
Chair Wick express appreciation for Commissioner Bennett wanting to streamline the process but stated that the Commission should be more cautious in order to protect neighborhoods.
Commissioner Bennett made motion to approve as amended, Project No. 25- 0004932, A Zone Text Amendment to Amend the Burbank Municipal Code, Title 10, Chapter 1 (Zoning) to Establish and Permit School – Adult / Vocational / Trade as a New Use in the Industrial Zones, seconded by Commissioner Van Gorder.
Motion carried by a 3-0 vote. Motion passes.
REPORTS TO
COMMISSION
None.
APPROVAL OF
MINUTES
Commissioner Van Gorder made a motion to approve the
minutes for Planning Commission of September 22 , 2025.
Seconded by Commissioner Bennett, carried vote of 3-0.
ORAL
COMMUNICATIONS
None.
INTRODUCTION
OF ADDITIONAL
AGENDA ITEMS
None.
CITY PLANNER
COMMENTS
Assistant Community Development Director Ramirez
announced that staff will be sending Commissioner Van Gorder soon the information asked for regarding fees for SB9 Lot Split.
Also stated that Governor Newsom signed into law SB 79
internally staff is looking into the bill to see how it will affect the city and at some point, report it to the Commission and City Council.
Lastly the Media District Specific Plan update that will come by the end of the year as well as the Downtown Specific Plan and Golden State Specific Plan; it is planned to present to City Council in July of 2026 before then the Commission will get an update on it as well.
Respectfully Submitted,
ATTACHMENT 5 - 49
199
ADJOURNMENTTO
THE PLANNING
COMMISSION
MEETING OF
OCTOBER 27, 2025
Secretary of the Planning Commission
ATTACHMENT 5 - 50
200
Correspondences
Please Note: If Additional
Documents/Correspondences are
submitted for this item, they will be
periodically posted to the City website
for public viewing.
201
1 STAFF REPORT
DATE: December 9, 2025
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
BY: Katie Picha, Administrative Officer
SUBJECT: Introduction of an Ordinance Establishing Article 10 Use of Gas -Powered Leaf Blowers Prohibited in Chapter 1 Health, Title 4 Health and Sanitation of the Burbank Municipal Code and Amending Section 214 Restrictions on Leaf Blower Operation in Chapter 3, Title 9 of the Burbank Municipal Code
RECOMMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 10 USE OF GAS-POWERED LEAF BLOWERS PROHIBITED IN CHAPTER 1 HEALTH, TITLE 4 HEALTH AND SANITATION OF THE BURBANK MUNICIPAL CODE AND AMENDING SECTION 214 RESTRICTIONS ON LEAF BLOWER OPERATION IN CHAPTER 3, TITLE 9 OF THE BURBANK MUNICIPAL CODE (Attachment 1).
BACKGROUND
At the July 29, 2025 City Council meeting, City Council directed staff to develop an Ordinance banning the use of gas -powered leaf blowers in the City of Burbank (Attachment 2). It was also requested that staff provide a grace period of one year from the effective date to allow residents and business owners time to transition their equipment. During this transition period, comprehensive community outreach and education will be provided along with information on resources to assist the community in transitioning their equipment. No enforcement actions will take place during this transition period.
COMMUNITY
DEVELOPMENT
Reports to Council
Item #1
202
2 DISCUSSION
As of 2024, the California Air Resources Board (CARB) updated small, off -road engine (SORE1) regulations requiring new engines (Model Year 2024 or later) to be certified and labeled to meet emission standards and other requirements. Further, the regulations require all sales of new SOREs, including gas -powered leaf blowers, to be zero- emission.2 While the regulations now require new SORE models sold in California to be zero-emission, they do not ban the use of existing gas -powered SOREs. There are no bans on the possession, use, repair, or sale of existing equipment (Model Year 2023 and earlier), provided that the equipment complies with the CARB emission requirements applicable to those earlier models. Residents and local landscapers can continue using their existing equipment under these new requirements. However, as aging equipment reaches its end of life, old equipment will be replaced by zero- emission SOREs due to CARB’s regulations.
Cur
rently, the Burbank Municipal Code (BMC) regulates leaf blower noise (§ 9-3- 214) only. To further Council ’s “Quality of Life” goa l, Council directed staff at the July 29 th Council meeting to develop an Ordinance banning the use of gas -powered leaf blowers to promote zero-emission SOREs in an effort to reduce air pollutants within the City.
Ther
e are positive impacts for public health with a ban on the use of gas -powered leaf blowers, including a potential for the reduction in air pollution and a slight reduction in noise. Several local cities have implemented a ban on the use of gas -powered leaf blowers, including the cities of Beverly Hills (1976), Glendale (2024), Los Angeles (1998), Pasadena (2023), Santa Monica (1991), South Pasadena (2022), and West Hollywood (1986). Each of these bans were accompanied by rebates, enforcement mechanisms, and community outreach.
Proposed Ordinance
The proposed Ordinance, if adopted, will establish a ban on gas -powered leaf blowers within the City. In addition, t here will be a one- year grace period for resid ents and business owners to transition to zero- emission leaf-blowers. During this one-year grace period, staff will conduct extensive outreach to the community that will include education and awareness. Enforcement will begin after the one- year grace period and will include further education, administrative citation, or any other remedy available under the law.
Under the proposed Ordinance, the person responsible for authorizing the work done using a gas-powered leaf blower, regardless of ownership of the gas-powered leaf blower, is responsible for the violation.
1 SOREs are spark-ignition engines with rated power at or below 19 kilowatts (25 horsepower), primarily used for leaf blowers and lawn mowers. However, the other equipment such as generators, lawn mowers, weed trimmers, chain saws, golf carts, airport ground support equipment, and specialty vehicles are also included. 2 The only exceptions are SORE generators and large pressure washers, which are required to be zero-emission by 2028. 203
3 COMMUNITY OUTREACH
Should Council adopt the proposed Ordinance, staff will conduct multilingual outreach and over the next year t o inform and educate the community and provide resources for assistance with potential economic impacts and/or replacement costs. During this time, enforcement measures will still be in place as part of the education and outreach process.
Code Compliance Inspectors will issue warnings to the person responsible for authorizing work using a gas-powered leaf blower, regardless of ownership of the gas -powered leaf blower, and provide educational material to those in violation; however, citations for the use of a gas-powered leaf blower will not be issued until January 1, 2027.
Ov
er the next year, community outreach will include promoting the benefits of transitioning to zero -emission equipment along with providing information regarding available incentives, rebates, and buyback programs (Attachment 3). An outline of the upcoming community outreach and education is as follows:
• January - March 2026
E-Notify notifications, social media posts, City Council/ Mayor’s Announcements, City website posting, announcements at the Sustainable Burbank Commission meetings, Burbank Water & Power Currents advertisement, flyers at City facilities, and a press release.
• March - June 2026
E-Notify notifications, social media posts, City Council/ Mayor’s Announcements, City website posting, announcements at the Sustainable Burbank Commission meetings, Burbank Water & Power Currents advertisement, handouts at a public event (ex., Farmer’s Market, Summer Arts Festival, etc.), direct mailers, and flyers at City facilities.
• June -
September 2026
E-Notify not ifications, social media posts, City Council/ Mayor’s Announcements, City website posting, announcements at the Sustainable Burbank Commission meetings, Burbank Water & Power Currents advertisement, handouts at a public event (ex., First Friday, National Night Out, etc.), Household Consumer Product Fair notices, direct mailers, and flyers at City facilities. • September - December 2026
E-Notify Notifications, social media posts, City Council/Mayor’s Announcements, City website posting, announcements at the Sustainable Burbank Commission meetings, handouts at a public event (ex., Burbank on Parade, Famer’s Market, etc.), direct mailers, and flyers at City facilities.
ENVIRONMENTAL REVIEW
The proposed Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA). Staff recommends that the Council find the Ordinance 204
4 is exempt from review under CEQA (Public Resources Code § 21000 et seq,) pursuant to § 15061(b)(3) of the CEQA Guidelines as 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 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.
FISCAL IMPACT
Implementing a ban on the use of gas-powered leaf blowers will result in additional costs to the City estimated at $185,720.72 in one -time costs to upgrade/replace the City’s equipment and vehicles with ongoing operating costs. For the City’s large maintenance contracts, it is estimated that the pass -through costs for upgrading equipment, charging infrastructure and multiple batteries needed to complete a day’s work may result in a 15% to 30% increase; for the Citywide Landscape Maintenance Contract overseen by Public Works this could result in additional recurring charges of between $26,000 to $54,000 per year for a standard five-year agreement. These estimates do not include the recurring costs of maintenance and electricity for charging and implementation costs for enforcement measures. The City is eligible to apply for the Commercial Electric Lawn and Garden Equipment Incentive & Exchange Program , which reduces the purchase price of commercial-grade battery electric lawn and garden equipment by up to 85%.
CONCLUSION
Staff recommends that Council introduce the proposed Ordinance banning the use of gas-powered leaf blowers in the City of Burbank with a one- year grace- period on enforcement. With this additional time to plan and to obtain assistance from the available incentive programs, residents, workers, and business owners will have the resources needed to switch to zero emission leaf blowers over time while mitigating the impacts to the community and to the City.
ATTACHMENTS
Attachment 1 – Proposed Ordinance
Attachment 2 – City Council Staff Report dated July 29, 2025 – Consideration of Options and Impacts of a Potential Citywide Gas-Powered Leaf Blower Ban Attachment 3 – List of Incentive, Rebate, and Buy-Back Programs Attachment 4 – City Council Staff Report dated September 10, 2024 – Discussion on a Ban on the Use of Gas-Powered Leaf Blowers in the City of Burbank 205
ATTACHMENT 1 – 1
ORDINANCE NO.________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK ESTABLISHING ARTICLE 10 USE OF GAS-
POWERED LEAF BLOWERS PROHIBITED IN CHAPTER 1
HEALTH, TITLE 4 HEALTH AND SANITATION OF THE
BURBANK MUNICIPAL CODE AND AMENDING SECTION
214 RESTRICTIONS ON LEAF BLOWER OPERATION IN
CHAPTER 3 , TITLE 9 OF THE BURBANK MUNICIPAL
CODE
City Attorney’s Synopsis
This Ordinance establishes Article 10 in Title 4, Chapter 1 of the Burbank Municipal Code by prohibiting the use of gas-powered leaf blowers within the City of Burbank. The purpose of this Ordinance is to reduce the City’s emissions of high levels of pollutants which contribute to significant air quality issues and align the City with California’s aim to transition to zero-emission equipment to meet federal air quality standards. Furthermore, this Ordinance will amend Title 9, Chapter 3, Section 214 restrictions on leaf blower operations.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The California Legislature has recognized that gas -powered small off-road engines (SOREs), such as those used in leaf blowers, emit high levels of air pollutants, including oxides of nitrogen, reactive organic gases, and particular matter contributing to the formation of ozone and climate chance.
B. To combat air pollutant emissions, California Assembly Bill 1346 added Health and Safety Code § 43018.11 requiring the California Air Resources Board (CARB) to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new SOREs.
C. CARB updated SORE regulations requiring new engines (Model Year 2024 or later) to be certified and labeled to meet emission standards and other requirements.
Furthermore, the new regulations require all sales of new SOREs, including gas-powered leaf blowers, to be zero- emission. There are no bans on the possession, use, repair, or sale of existing equipment (Model Year 2023 and earlier), provided that the equipment complies with the CARB emission requirements applicable to those earlier models.
D. The quality of life in the City of Burbank can be affected by air contamination and noise experienced by those who live, work, and recreate within the City.
E. The City of Burbank desires to protect the health, safety, and welfare of its residences, and the environment through the prohibition of gas -powered leaf blowers City-wide.
206
ATTACHMENT 1 – 2
F. The City Council exercises its independent judgement and finds that this Ordinance is exempt from review under the California Environmental Quality Ac t (Public Resources Code Section 21000 et seq,) (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as 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 S ection 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.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. The above findings are true and correct and are hereby incorporated by reference.
2. Title 4, Chapter 1, Article 10 of the Burbank Municipal Code is hereby established to read as follows:
“ARTICLE 10. USE OF GAS-POWERED LEAF BLOWERS PROHIBITED
4-1-1001: DEFINITIONS
GAS-POWERED LEAF BLOWER: means any machine, powered by a gasoline engine which is used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and any other surfaces.
4-1-1002: PROHIBITION ON THE USE OF GAS-POWERED LEAF BLOWERS WITHIN CITY LIMITS:
Commencing January 1, 2027, it shall be unlawful for any person to operate or authorize the operation of a gas-powered leaf blower at any time for any purpose within the City of Burbank. Notwithstanding the preceding sentence, the person responsible for any violation of this subsection, regardless of ownership of the gas-powered leaf blower, shall be the person responsible for authorizing the work done using a gas-powered leaf blower.
4-1-1003: VIOLATIONS
The following remedies, in addition to any other remedies allowed by law, are available for violations of this Article:
A. Administrative Fine. Any person who violates any provision of this Article may be subject to administrative fines pursuant to BMC 1-1-108.1. 207
ATTACHMENT 1 – 3
B. Infraction. Any person who violates any provision of this Article shall be guilty of an infraction punishable by a fine of not more than one-hundred dollars ($100.00), and for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00).
4-1-1004: SEVERABILITY:
If any subsection, sentence, clause or phrase of this Article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The Burbank City Council declares that it would have adopted this Article, each and every section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subs equently be declared invalid or unconstitutional.”
3. Title 9, Chapter 3, Article 2, Section 214, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underlined and deletions are marked in strikethrough):
“9-3-214. RESTRICTIONS ON LEAF BLOWER OPERATION:
A. Definitions:
LEAF BLOWER: Any machine however powered used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. This definition shall not apply to gas-powered leaf blowers which are prohibited by BMC 4-1-1001 et. al.
PARCEL: An area of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder. Contiguous parcels owned by the same individual or entity shall be considered one parcel for the purposes of this section.
B. Time Restrictions: No person shall operate a leaf blower within a residential zone or within two hundred feet (200’) of a residential zone between the hours of six o’clock (6:00) P.M. to eight o’clock (8:00) A.M.
C. Duration of Use: No person shall operate any leaf blower within a residential zone or within two hundred feet (200’) of a residential zone for more than fifteen (15) minutes per hour on parcels less than one- half (1/2) acre and no more than thirty (30) minutes per hour on parcels greater than one-half (1/2) acre.
D. Number of Leaf Blowers: No person shall operate more than one leaf blower per parcel within any residential zone or within two hundred feet (200’) of a residential zone.
208
ATTACHMENT 1 – 4
E. Debris Restriction: No person shall operate any leaf blower within the City in such a way as to blow leaves, dirt, and other debris on to adjoining properties and public rights of way and to allow the material to remain there for more than fifteen (15) minutes. [Added by Ord. No. 3122; Formerly Numbered Section 21- 37; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]”
4. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
5. The City Manager, City Clerk, or their designee, is authorized to execute any action necessary to codify this Ordinance into the Burbank Municipal Code.
6. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Burbank, California, or as required by applicable law.
PASSED AND ADOPTED this ____ day of ________, 2025.
_ _______________________________
Nikki Perez
Mayor
Attest Approved as to Form
Office of the City Attorney
_____________________________ By: _____________________________ Kimberley Clark, City Clerk Ray Johal
Senior Assistant City Attorney
209
ATTACHMENT 1 – 5
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
210
1 STAFF REPORT
DAT
E: July 29, 2025
T
O: Justin Hess, City Manager
F
ROM: Patrick Prescott, Community Development Director
Marisa Garcia, Park, Recreation and Community Services Director BY: Katie Picha, Administrative Officer
S
UBJECT: Consideration of Options and Impacts of a Potential Citywide Gas-Powered Leaf Blower Ban
RE
COMMENDATION
Staff recommends that City Council (Council):
1) Allow the use of gas-powered leaf blowers to be eliminated through attrition; or 2) Direct staff to develop and introduce a draft Ordinance banning the use of gas - powered leaf blowers.
BACKG
ROUND
At the November 15, 2022 City Council meeting, then Vice Mayor Nick Schultz requested a first step report on banning the use of gas-powered leaf blowers in the City of Burbank.
On October 19, 2023, then Council M ember Tamala Takahashi requested a memorandum on the ban of the use of gas-powered leaf blowers . On September 10, 2024, staff presented a first step report on a potential ban on the use of gas-powered leaf blowers in the City of Burbank (Attachment 2). Staff was directed to return to Council with impacts and options for a potential citywide ban on the use of gas-powered leaf blowers.
T
his report presents two options for Council to consider:
(1) allow the use of gas-powered leaf blowers to be eliminated through attrition; or (2) direct staff to develop and introduce a draft Ordinance banning the use of gas - powered leaf blowers.
COMMUNITY
DEVELOPMENT
ATTACHMENT 2 - 1
211
2 As of 2024, the California Air Resources Board (CARB) updated small, off -road engine (SORE1) regulations requiring new engines (Model Year 2024 or later) to be certified and labeled to meet emission standards and other requirements. Further, the regulations require all sales of new SOREs, including gas -powered leaf blowers, to be zero- emission.2 While the regulations now require new SORE models sold in California to be zero-emission, they do not ban the use of existing gas-powered SOREs.
DI
SCUSSION
At the September 10, 2024 Council meeting, Council requested a second step report that would provide information on potential impacts and options of implementing a citywide ban on the use of gas-powered leaf blowers. Potential impacts include replacement costs, enforcement challenges, and public health impacts. Options include whether to implement an immediate ban or pursue an alternate course of action.
I
mpacts of Implementing a Citywide Ban
Gas leaf blowers are used by residents, housing providers , private businesses and their employees (including landscaping companies), and the City. If the City were to implement an immediate ban on the use of existing gas -powered leaf blowers, the financial impact would affect residents, private industry, and the City. The replacement cost of one gas - powered leaf blower to a commercial -grade battery-powered version is estimated at approximately $1,450 to $5,700, plus the cost of electricity , replacement batteries , and general maintenance (Attachment 3). The increased costs of replacing gas leaf blowers raises accessibility and equity concerns, as some residents, property/business owners or housing providers, may be unable to afford the increased cost of landscaping services .
Further, these additional financial burdens may also result in hour reductions/job loss to workers if large employers scale back due to increased costs.
F
or the City to transition its gas-powered leaf blowers to battery -powered versions, the estimated cost is $ 185,720.72. This estimate does not includ e the additional cost of maintenance, electricity, and labor/enforcement costs (Attachment 3). The City has begun this transition through the replacement of City -owned gas-powered equipment that has reached its end of life through the purchase of new electric models. Any contractors who provide landscape services to the City will also need to transition their gas -powered equipment. This will lead to renegotiating or bidding landscaping and cleaning contracts (which typically takes several months) , if the contractor is willing to partner with the City in existing and future projects.
1 SOREs are spark-ignition engines with rated power at or below 19 kilowatts (25 horsepower), primarily used for leaf blowers and lawn mowers. However, the other equipment such as generators, lawn mowers, weed trimmers, chain saws, golf carts, airport ground support equipment, and specialty vehicles are also included. 2 The only exceptions are SORE generators and large pressure washers, which are required to be zero-emission by 2028.
ATTACHMENT 2 - 2
212
3 Along with direct financial impacts related to replacement of equipment , there are also challenges and costs for the City related to the enforcement of the ban. To assist with enforcement and developing enforcement standards (e.g., visual inspection, noise levels, and to train staff accordingly), additional resources (such as staff) may be required within the Code Compliance section of the Community Development Department. It has also been suggested that battery-powered leaf blowers may not deliver the same power output as their gas-powered counterparts reducing efficiency and increasing the need for longer work hours to accommodate . Currently, Burbank Municipal Code (BMC) § 9-3-214:
Restrictions on Leaf Blowers states that any leaf blower within a residential zone or within 200 feet of a residential zone may not operate for more than 15 minutes per hour on parcels less than one -half acre and no more than thirty minutes per hour on parcels greater than one- half a cre. Due to the lower power and less efficiency, it may be necessary to revise the BMC to increase the time per property to complete their task .
Implementing a ban would also require the City to renegotiate or rebid existing contracts and may reduce the number of landscapers willing to do business in the City. Lastly, the majority of property complaints received by the City are often based on poorly maintained exterior areas of properties and leaf blower noise. It is important to note that z ero- emission leaf blowers still generate similar noise levels.
Noise complaints are the largest complaints the City receives regarding leaf blowers .
Even though the sound differences between a gas -powered and a battery-powered leaf blower are miniscule, some individuals may be more sensitive to various sound frequencies3 which could make the se differences seem much larger. Gas -powered leaf blowers produce a frequency between 100- 500 Hz (sound energy) and emit an intense low-frequency sound that can penetrate walls and affect a large area. In comparison, electric leaf blowers produce a frequency above 1,000Hz, and emits a high- pitched sound. The higher frequency can travel farther than a gas-powered leaf blower and affect a larger area of the community.
There are positive impacts for public health with a ban on the use of gas -powered leaf blowers including a potential for the reduction in air pollution and a slight reduction in noise
4. However, while battery tools reduce local emissions, they rely on lithium batteries and electricity, which carry their own environmental footprints and create additional e- waste.
City Council Options
Staff proposes the following options for Council consideration:
3 Sound frequency refers to the number of vibrations (or sound waves) per second, measured in hertz (Hz), and it determines the pitch of a sound—higher frequencies produce higher-pitched sounds, while lower frequencies result in deeper, bass-like tones. 4 According to the National Institutes of Health, the decibel (dB) level for commercial-grade gas leaf blowers can range from 65 to 80 dB at 50 feet; electric leaf blowers can range from 65 to 75 dB at 50 feet. For reference, normal breathing is registered at 10 dB . Even though there is a slight reduction in noise, the difference in sound range for gas-powered versus electric leaf blowers is miniscule.
ATTACHMENT 2 - 3
213
4 Option 1: Allow the Use of Gas-Powered Leaf Blowers to be Eliminated Through Attrition CARB’s regulatory ban applies to the sale of new gas-powered SOREs (Model Year 2024 and later) and primarily affects the manufacturers. There are no bans on the possession, use, repair, or sale of existing equipment (Model Year 2023 and earlier), provided that the equipment complies with the CARB emission requirements applicable to those earlier models. Residents and local landscapers can continue using their existing equipment under these new requirements. However, as aging equipment reaches its end of life, old equipment will be replaced by zero-emission SOREs due to CARB’s regulations.
A
s of January 1, 2024, the sale of new gas -powered SOREs is banned statewide.
Residents and those utilizing gas -powered leaf blowers, or other gas -powered SOREs, for personal use or work within the City will need to replace their equipment. Economic impacts such as transition costs or job loss, battery -powered limitations, resistance and enforcement challenges, and the disparate impact on small business owners will be minimized through this option.
O
ption 2: Di rect Staff to Develop and Introduce a Draft Ordinance Banning the Use of Gas-Powered Leaf Blowers
Several local cities have implemented a ban on the use of gas -powered leaf blowers, including the c ities of Beverly Hills (1976), Glendale (2024), Pasadena (2023), Santa Monica (1991), South Pasadena (2022), and West Hollywood (1986) . The City of Los Angeles also banned use of gas -powered leaf blowers in 1998, although it has been reported that there is very little enforcement effort on this ban. E ach of these bans were accompanied by rebates, enforcement mechanisms, and community outreach:
• B
everly Hills: Banned gas blowers as early as 1978 as a noise nuisance, one of the nation’s first such ordinances.
• Los Angeles: Banned the use of gas -powered leaf blowers within 500 feet of residences in 1998. Beginning in 2021, the ban was expanded to ban the use within 500 feet of residences, schools, and hospitals, as well as between the hours of 10:00pm and 7:00am.
• Glendale: Adopted a full ban on gas -powered blowers in September 2023 with citation enforcement beginning in September 2024. Glendale also introduced residential and commercial rebates and converted all municipal handheld equipment to electric.
• Pasadena: Citywide ban in April 2023 (with defined hours for electric use) was supported through state and Air Quality Management District rebates. The code compliance caseload doubled for enforcement actions relating to this ban. • Santa Monica: Enforced a complete ban until 2023 (including all power blowers) and now limits use to electric models, however, there is still inconsistent compliance.
ATTACHMENT 2 - 4
214
5 • South Pasadena: Banned gas-powered leaf blowers in October 2022 backed by $25,000 in outreach funds, plus voucher and rebate programs. • West Hollywood: In 1986, the use of gas-powered leaf-blowers was banned due to noise, fumes, and dust caused by the leaf blowers. To assist with enforcement, a phone number to report violations to code compliance was established by the City; fines range from $100 to $500 with a $50 administrative fee applied.
O
verall, it has been reported that these ordinances have improved urban air and noise quality while imposing transitional burdens and highlighting the need for stronger enforcement and sustained business support.
A
n immediate ban on the use of gas -powered leaf blowers in the City is not recommended. Adverse impacts to residents, landscapers, and the City would outweigh the potential benefits. Should Council direct staff to develop a draft Ordinance, it is recommended that the City establish a target date that provides the community ample time before enforcement begins to replace existing equipment thereby not causing an immediate financial or operational impact.
I
t is suggested to allow two years to transition equipment and to provide educatio n and outreach to residents and business owners. In year one, education on how to transition to zero- emission equipment, the benefits of transitioning, and resources to offset transition costs will be provided through various methods such as C ity website postings, mailers, flyers available at public counters, and one community workshop. At year two, the ban would take effect along side continuing education and outreach but would not be fully enforced until one year from the effective date . During this time, Code Compliance staff would assist with field outreach when responding to complaints by providing education materials to the resident and/or business owners about the ban, how to transition their equipment, and financial resources.
CO
MMUNITY OUTREACH
Should Council direct staff to move forward with a draft Ordinance to immediately ban the use of gas -powered leaf blowers , outreach and education will be provided to the community on the benefits of transitioning to alternative equipment and to provide sufficient notice. Outreach may include direct engagement in the field with landscapers by providing information on the ban and available rebates, a workshop where the community can learn about electric landscaping and the process of transitioning to zero- emission equipment, and the promotion of incentives, rebates, and buyback programs (Attachment 4). If the Council decides to allow the use of gas-powered leaf blowers to be eliminated through attrition, staff will actively promote the benefits of transiting to zero- emission equipment along with available incentives, rebates, and buyback programs to the community over the next five years.
ATTACHMENT 2 - 5
215
6 ENVIRONMENTAL REVIEW
This report is for informational purposes only and does not qualify as a “project” under the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378 as consideration of the report has no potential for resulting in a direct physical change or reasonably foreseeable indirect physical change in the environment.
F
ISCAL IMPACT
Implementing a ban on the use of gas-powered leaf blowers will result in additional costs to the City , estimated at $ 185,720.72 in one -time costs to upgrade/replace the City’s equipment and vehicles with ongoing operating costs. This does not include the recurring costs of maintenance and electricity for charging and implementation costs for enforcement measures, including staffing costs. The City may be eligible for the Commercial Electric Lawn and Garden Equipment Incentive & Exchange Program, which reduces the purchase price of commercial -grade battery electric lawn and garden equipment by up to 85%. Should Council direct staff to move forward with developing and introducing a draft Ordinance, a detailed fiscal impact will be reported, including information on any available incentive/rebate programs applicable to the City.
CO
NCLUSION
Staff recommends that Council allow the use of gas -powered leaf blowers to be eliminated through attrition. Alternatively, Council may direct staff to develop and introduce a draft Ordinance banning the use of gas -powered leaf blowers, which will be presented for Council consideration prior to the end of 2025.
AT
TACHMENTS
Attachment 1 – How to Transition Gardeners from Gas Powered Leaf Blowers Memorandum to the City Manager Dated October 3, 2022 (City Manager Tracking List No. 2443)
Attachment 2 – City Council Staff Report Dated September 10, 2024 – Discussion on a Ban on the Use of Gas-Powered Leaf Blowers in the City of Burbank Attachment 3 – Estimated Costs to the City to Replace/Upgrade Gas-Powered Leaf Blowers
Attachment 4 – List of Incentive, Rebate, and Buy-Back Programs ATTACHMENT 2 - 6
216
ME
MORANDUM
DATE
: October 3, 2022
TO: J
ustin Hess, City Manager
FR
OM: Marisa Garcia, Parks, Recreation, and Community Services Director Patrick Prescott, Community Development Director
BY: Caroline Arrechea, Executive Assistant
SUBJ
ECT: City Manager Tracking List No. 2443 – Provide Information On How To Transition Gardeners From Using Gas Powered Leaf Blowers To Electric Blowers At th
e November 16, 2021 City Council meeting, Council Member Springer requested staff provide information on how to transition gardeners from using gas powered leaf blowers to electric blowers.
BACKGRO
UND
This memorandum includes background information on Governor Gavin Newsom’s Executive Order, Assembly Bill 1346 (AB 1346) and the California Air Resources Board’s measure which have led to restrictions on gas powered leaf blowers in an effort to mitigate the impacts of climate change.
In September 2020, Governor Gavin Newsom signed Executive Order N-79-20 (Order), which notes that the climate change crisis is impacting California in unprecedented ways, affecting the health and safety of its residents. It further states that zero emissions technologies reduce both greenhouse gas emissions and toxic air pollutants. The Order pledged to accelerate California’s actions to mitigate and adapt to climate change, and more quickly move toward a low-carbon, sustainable and resilient future.
Following this direction, California Assembly Members Marc Berman and Lorena Gonzalez put forth AB 1346 in 2021, which propose d stopping the sale of new gas -powered small off-road engines (SORE). SOREs are spark-ignition engines with rated power at or below 19 kilowatts (25 horsepower), primarily used for leaf blowers and lawn mowers. However, they also include other equipment such as generators, golf carts, airport ground support equipment , and specialty vehicles. The SORE regulations require new engines to be certified and labeled to meet emission standards and other requirements. The bill also requires all new sales of SORE to be zero- emission by at least 2024. The new legislation is tied to California's attempts to
PARKS AND
RECREATION
ATTACHMENT 1 - 1
ATTACHMENT 2 - 7
217
2 lessen the impacts of climate change. In October 2021, Governor Newsom signed AB 1346 into law.
Additionally, on December 9, 2021, the California Air Resources Board (CARB) approved the measure, amending CARB’s existing small off -road engine regulations and emissions standards first adopted in 1990.
DISCUSSION
As defined by the new law, the ban solely applies to the sale of new gas-powered small off- road engines effective 2024, and primarily only affects manufacturers at this time. Notably, Californians can continue to operate their current CARB -compliant gasoline-powered SORE equipment. There will not be a ban on using older models or used equipment purchased in the future. Older models on store shelves can also be purchased even if they are gasoline- powered.
Under
standably, local landscaper s can choose to continue to use the older model equipment they currently own, and will likely do so given the costs associated with purchasing new electric equipment. However, following in the direction of the state and determined to contribute towards the reduction of air pollutants to make, staff is devising a plan of action to work directly with landscapers to provide education on the benefits of transitioning towards alternate equipment, including educational materials in multiple languages.
Mor
eover, sta ff will also inform landscapers of existing and upcoming incentive, rebate and buy-back programs available through sources such as the South Coast Air Quality Management District (SCAQMD), CARB, and Burbank Water and Power’s Commercial Landscape Battery Rebate Program.
SCAQMD Programs
Currently, SCAQMD has two programs that help clean the air through the replacement of gasoline-powered residential lawn mowers and commercial lawn and garden equipment. The public can receive a rebate of up to $250 with the purchase of a cordless, battery-electric lawn mower. An operable, gasoline powered lawn mower must be disposed of in order to be eligible for the rebate. Also, t he Commercial Electric Lawn and Garden Equipment Incentive & Exchange Program is available for commercial landscapers and gardeners operating within the SCAQMD's region providing up to 75% off commercial lawn and garden equipment. This program is also open to local governments, school districts, colleges , and non- profits.
Commercial lawn and garden equipment will be made available at a discounted price through pre-authorized dealerships. An equivalent operable gasoline or diesel powered piece of lawn or garden equipment must be disposed of when the new battery -electric equipment is purchased.
CORE Program
Additionally, incentive funds will be available to commercial purchasers of new zero-emission equipment through CARB's Clean Off -Road Equipment Voucher Incentive Project (CORE), which was created to accelerate deployment of cleaner off-road technologies. The Legislature has allocated $30 million to be dedicated to sole proprietors and other small landscaping ATTACHMENT 1 - 2
ATTACHMENT 2 - 8
218
3 businesses in California to help them purchase zero- emission small off -road equipment, including leaf blowers, lawn mowers and string trimmers. The public can receive a rebate of up to $250 with the purchase of a cordless, battery-electric lawn mower as long as an operable, gasoline powered lawn mower is disposed of in its place.
BWP Rebate Program
Burbank Water and Power (BWP) also provides an additional incentive through their rebate program to commercial customers who participate in the South Coast SCAQMD Commercial Electric Lawn and Garden Program . BWP’s rebate applies to the purchase of a new battery for electric lawn and garden equipment only, and customers may receive up to a $475 incentive.
CONCLUSION
Staff is committed to working in partnership with local landscapers to construct a cohesive plan that will benefit both the City and these businesses, which provide a vital service to our community. The City remains dedicated to mitigating the effects of climate change in any way possible as well as improving air quality for Burbank residents , and will continu e to work towards this goal. A s part of this educational campaign, staff will provide information on recycling opportunities through the Burbank Recycle Center for unwanted gas powered leaf blowers, and other related equipment.
ATTACHMENT 1 - 3
ATTACHMENT 2 - 9
219
1 STAFF REPORT
DAT
E: September 10, 2024
TO: Ju
stin Hess, City Manager
FR
OM: Patrick Prescott, Community Development Director
Marisa Garcia, Park, Recreation and Community Services Director BY: Katie Picha, Administrative Officer
SU
BJECT: Discussion on a Ban on the Use of Gas-Powered Leaf Blowers in the City of Burbank
RECO
MMENDATION
Note and file.
BACKG
ROUND
At the November 15, 2022 City Council meeting, then Vice Mayor Nick Schultz requested a first step report on banning the use of gas-powered leaf blowers in the City of Burbank (City). On October 19, 2023, Council M ember Tamala Takahashi requested a memorandum on the ban of gas -powered leaf blowers.
In
September 2020, Governor Gavin Newsom signed Executive Order N-79-20 (Order) indicating that a climate change crisis is impacting the State of California in unprecedented ways, affecting the health and safety of its residents. The Order states that zero emission technologies reduce both greenhouse gas emission s and toxic air pollutant s. Further, the Order pledged to accelerate California’s actions to mitigate and adapt to climate change, and more quickly move toward a low -carbon, sustainable, and resilient future.
In
response to the Order, Assembly Bill 1346 (AB 1346) was brought forth and later signed into law by Governor Newso m in October 2021. AB 1346 directed the California Air Resources Board (CARB) to develop cost- effective and technologically feasible regulations that would effectively stop the sale of new gas -powered, small, off-road engines (SORE1). CARB’s updated SORE regulations require new engines (Model Year 1 SOREs are spark-ignition engines with rated power at or below 19 kilowatts (25 horsepower), primarily used for leaf blowers and lawn mowers. However, the other equipment such as generators, lawn mowers, weed trimmers, chain saws, golf carts, airport ground support equipment, and specialty vehicles are also included .
COMMUNITY
DEVELOPMENT
ATTACHMENT 2 - 1
ATTACHMENT 2 - 10
220
2 2024 or later) to be certified and labeled to meet emission standards and other requirements. Beginning with this year’s 2024 models, the regulations require all sales of new SOREs, including gas-powered leaf blowers, to be zero-emission. 2 While the regulations now require new SORE models sold in California to be zero-emission, they do not ban the use of existing gas -powered SOREs.
DI
SCUSSION
CARB’s regulatory ban applies to the sale of new gas-powered SOREs (Model Year 2024 and later) and primarily affects the manufacturers. There are no bans on the possession, use, repair, or sale of existing equipment (Model Year 2023 and earlier), provided that the equipment complies with the CARB emission requirements applicable to those earlier models. Residents and local landscapers can continue using their existing equipment under these new requirements. However, as aging equipment reaches its end of life, old equipment will be replaced by zero- emission SOREs due to CARB’s regulations .
T
he Park, Recreation, and Community Services Department in conjunction with the Community Development Department submitted a memorandum to the City Manager on October 3, 2022, providing information on how to transition gardeners/landscapers from gas-powered leaf blowers to electric leaf blowers (Attachment 1). The memorandum included information on the benefits of transitioning to alternative equipment and provided information for residents and landscapers on existing and upcoming incentive, rebate, and buy -back programs, such as the South Coast Air Quality Management District (SCAQMD), CARB, and Burbank Water and Power’s Commercial Landscape Battery Rebate Program.
S
everal local cities have implemented a ban on the use of gas -powered leaf blowers, including the Cities of Glendale in 2024, Pasadena in 2023, and South Pasadena in 2022.
The Cities of Beverly Hills (1976), Los Angeles (1998)3, Santa Monica (1991), and West Hollywood (1986) also banned the use of gas -powered leaf blowers.
A
ban on the use of gas -powered leaf blowers should consider the balance between environmental and public health benefits and the economic and operational impacts on residents and workers. Purchase, replacement, and maintenance costs should be taken into consideration along with the disparate impact to workers and landscape business owners. It is also necessary to take into consideration that most new gas-powered SORE sales are currently banned in California, which includes lawn mowers, leaf blowers, chain saws, golf carts, and airport ground support equipment all with rated power at or below 19 kilowatts, or 25 horsepower. If the City were to ban the use of one type of gas-powered SORE (gas -powered leaf blower) on the basis of public health effects from related emissions, a similar ban for all types of gas-powered SOREs may need to be considered to more fully achieve the public health goal, and to not unfairly burden one group of SORE users (in this case, landscape workers).
2 The only exceptions are SORE generators and large pressure washers, which are required to be zero -emission by 2028. 3 City of Los Angeles banned the use of gas-powered leaf blowers within 500 feet of residences in 1998. Beginning in 2021, the ban was expanded to ban the use within 500 feet of residences, schools, and hospitals, as well as between the hours of 10:00pm and 7:00am.
ATTACHMENT 2 - 2
ATTACHMENT 2 - 11
221
3 Benefits and Impacts of a Ban
Benefits of a ban on the use of gas -powered leaf blowers or all gas -powered SOREs include a potential for an enhanced quality of life by the reduction in air pollution. This can contribute to improved air quality with a potential for respiratory health improvements for residents and workers.
A
nother benefit is a slight reduction in noise. Noise complaints are the largest complaints the City receives regarding leaf blowers. According to the National Institutes of Health, the decibel (dB) level for commercial-grade gas leaf blowers can range from 65 to 80 dB at 50 feet; electric leaf blowers can range from 65 to 75 dB at 50 feet. For reference, normal breathing is registered at 10 dB4. Even though there is a slight reduction in noise, the difference in sound range for gas -powered versus electric leaf blowers is miniscule.
W
hile there are benefits to a potential ban on the use of gas -powered leaf blowers or all gas-powered SOREs, there are also potential impacts that must be considered as well.
Economic impacts such as transition costs or job loss, battery -powered limitation s, and resistance and enforcement challenges must be assessed when considering such a ban.
R
eplacement Cost
Gas-powered leaf blowers range from approximately $200 (low-end, residential use) to $1,700 (high -end, commercial use), plus the cost of general maintenance and gas. The purchase price of a battery -powered leaf blower is approximately $200 (low-end, residential use) to $ 3,500 (high -end, commercial use) , plus the cost of replacement batteries, electricity for charging, and general maintenance. Replacement batteries range from approximately $200 to $400 each. Due to battery-powered limitations, it is likely the efficiency of landscaping operations may be affected. To help mitigate this, l andscapers will likely need to purchase a smart charger which would allow them to charge up to four batteries at a time without overloading an electrical circuit. The average cost of a smart charger is approximately $650. With these added costs, it is possible that some workers within the landscaping industry may face job loss or reduced income as business owners transition away from gas-powered SOREs.
T
he City would also need to transition all their gas- powered SORE equipment to zero emission all at once, rather than over time. The cost to transition the City’s gas-powered leaf blowers is approximately $64,170.48 plus the cost of maintenance and electricity for charging; a breakdown of estimated costs is included ( Attachment 2). Included in this estimate is the install ation of electric leaf blower chargers on Forestry and Parks & Recreation Maintenance vehicles along with approximately 96 hours of labor for the Public Works Department to make these modifications , the replacement of 23 gas - powered leaf blowers, and 46 extra batteries for the electric leaf blowers. To provide safe and efficient overnight charging for the modified City vehicles and electric equipment, the construction of a climate- controlled room is required. The costs associated with constructing a climate -controlled room a re included in the City Yard Services Building Project managed by the Public Works Department (currently in the design phase; expected completion date for construction is December 2026). Additionally, any 4 Source: https://www.audicus.com/noise -levels -of-everyday -sounds ATTACHMENT 2 - 3
ATTACHMENT 2 - 12
222
4 contractors who provide landscape services to the City will also need to transition their gas-powered equipment, which could affect the contract and the contractor’s willingness to partner with the City.
E
nforcement Costs and Ch allenges
The City would incur additional costs to enforce a ban on the use of gas-powered SOREs.
To assist with enforcement, additional resources may be required within the Code Compliance section of the Community Development Department. The cost for additional staff time would have an impact to the City’s General Fund . Further, it is likely that the landscaping industry may resist such a ban, which would pose challenges to enforcement, and may also reduce the number of landscapers willing to do business in the City. Additionally, the complaints the City receives about leaf blowers are most often based on noise, and electric leaf blowers still generate similar noise levels as noted above.
A
lternative to the Ban on the Use of Gas -Power ed SOREs Under AB 1346, when the need for a gas-powered SORE replacement arises, the only option available will be to purchase a new, zero emission model. By default, the use of gas-powered SOREs in the City will be reduced, and eventually eliminated through attrition.
S
hould the City still wish to proceed with a ban on the use of gas-powered leaf blowers or all gas-powered SOREs, it is recommended that the City establish a target date that provides the community ample time, perhaps up to three years, to replace their existing equipment without caus ing an immediate financial or operational impact. Should Council want to include all gas-powered SOREs in such a ban, feasibility research will need to be conducted to identify whether there are electric alternatives. Lastly, an o rdinance that prohibits the use of gas -powered leaf blowers (or all gas -powered SOREs) would need to be developed and presented to Council for a ban to become effective.
CO
MMUNITY OUTREACH
Should Council direct staff to move forward with implementing a ban on gas-powered leaf blowers or gas-powered SOREs, outreach will be conducted to educate the community on the benefits of transitioning to alternative equipment and to provide sufficient notice.
The results of the outreach would inform the scope of this ban, including feasibility and the transition timeframe. Information on various resources and programs to assist with the transition (Attachment 3) will also be included in this outreach.
E
NVIRONMENTAL REV IEW
This report is for informational purposes only and does not qualify as a “project” under the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378 as consideration of the report has no potential for resulting in a direct physical change or reasonably foreseeable indirect physical change in the environment .
ATTACHMENT 2 - 4
ATTACHMENT 2 - 13
223
5 FISCAL IMPACT
There is no impact to the City’s General Fund by providing this report, but a ban on gas- powered leaf blowers or all gas-powered SOREs will result in additional costs to the City.
The estimated impact to the City to replace and/or upgrade the City’s gas-powered leaf blowers to electric is $64,170.48 plus the cost of maintenance and electricity for charging.
There would also be additional impacts to implement enforcement measures, including staffing costs.
CO
NCLUSION
An immediate ban on the use of gas-powered leaf blowers or gas-powered SOREs in the City is not recommended. Adverse impacts to residents, landscapers, and the City would outweigh the potential benefits. As of January 1, 2024, the sale of new gas -powered SOREs is banned statewide. Residents and those utilizing gas -powered leaf blowers, or other gas-powered SOREs, for personal use or work within the City will eventually need to replace their equipment. Through attrition, gas -powered SORE equipment, including leaf blowers, will be phased out and replaced by zero- emission equipment due to availability under AB 1346 and related CARB regulations .
T
herefore, it is recommended that the City continue to allow owners and users of gas - powered leaf blowers, and all gas -powered SOREs, to utilize their equipment until a replacement need arises or Council establishes a target date for implementation of a ban.
With this additional time to plan and to obtain assistance from the available incentive programs, residents , workers, and business owners will have the resources needed to switch to zero emission leaf blowers over time while mitigating the impacts to the community.
A
TTACHMENT S
Attachment 1 – How to Transition Gardeners from Gas Powered Leaf Blowers Memorandum to the City Manager Dated October 3, 2022 (City Manager Tracking List No. 2443)
Attachment 2 – Estimated Costs to Replace/Upgrade Gas-Powered Leaf Blowers Attachment 3 – List of Incentive, Rebate, and Buy -Back Programs ATTACHMENT 2 - 5
ATTACHMENT 2 - 14
224
ATTACHMENT 3 – 1
ESTIMATED COSTS TO THE CITY TO REPLACE/UPGRADE
GAS-POWERED LEAF BLOWERS
Description of
Replacement/Upgrade # of Units Cost Per Unit TOTAL
Modification to City Maintenance
Vehicles1
49 Vehicles2 $700.00 $34,300
Vehicle Modification Labor3 144
Hours See Footnote $9,180.72
Replacement of Gas-Powered Leaf
Blowers with Electric
32 Leaf
Blowers4
$2,235 $71,520
Extra Batteries (two per leaf blower) 64
Batteries $1,105 $70,720
Climate-Controlled Room for
Overnight Charging 1
Included in City
Yard Services
Building Project5
–
TOTAL REPLACEMENT/UPGRADE COSTS TO CITY $185,720.72*
*Excludes the additional cost of maintenance and electricity for charging. Additional labor/enforcement costs are not included in this estimate. The City may be eligible for the Commercial Electric Lawn and Garden Equipment Incentive & Exchange Program, which reduces the purchase price of commercial-grade bat
tery electric lawn and garden equipment by up to 85%.
1 Installation of electric leaf blower chargers on Forestry and Parks & Recreation and Public Works vehicles, which includes four bank chargers, one inverter, and one circuit breaker per vehicle. 2 32 Parks & Recreation vehicles and 17 Public Works vehicles 3 Costed at the hourly rate dictated by the Fiscal Year 2022-23 comprehensive citywide Fee Study for Fleet Maintenance Technician (72 hours at $61.27 per hour = $4,411.44) and Senior Fleet Maintenance Technician (72 hours at $66.24 = $4,769.28). 4 30 leaf blowers in Parks and Recreation (16 have been transitioned to electric – 14 costed in this estimate); 27 leaf blowers in Public Works (nine have been transitioned to electric – 18 costed in this estimate). 5 The City Yard Services Building Project is an $11 MIL project managed by the Public Works Department. A Request for Qualifications is expected to be completed by the end of summer 2025 and construction is estimated to be complete by the end of 2027.
ATTACHMENT 2 - 15
225
Replacement of Gas-Powered
Small Off-Road Engines
Incentive, Rebate, and Buy- Back Programs
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
(SCAQMD)
SCA
QMD has two programs to help improve air quality by exchanging older , polluting gasoline- or diesel -powered lawn and garden equipment for new zero-emission, cordless battery -electric equipment.
1. Resi
dential Electric Lawn & Garden Equipment Program
Eligible residents can receive a rebate of up to $250 towards the cost of the residential cordless battery electric lawn mower, leaf blower , chainsaw, or trimmer1.
https://www.aqmd.gov/home/programs/community/electric-lawn-and- garden-programs/electric-lawn-mower-rebate-program
Con
tact: [email protected] or 888-425-6247 (Tuesday-Friday, 9 to 11 AM and 2 to 4 PM)
2. Comm
ercial Electric Lawn and Garden Equipment Incentive & Exchange Program
Available for commercial landscapers and gardeners, local government agencies, school districts , colleges, and non- profit organizations operating within the SCAQMD's region, this program reduces the purchase price of commercial -grade battery electric lawn and garden equipment by up to 85% 2.
Comm
ercial lawn and garden equipment will be made available at a discounted price through pre- authorized dealerships .
https://www.aqmd.gov/home/programs/community/electric-lawn-and- garden-programs/lawn-and-garden-equipment
1 Gasoline powered lawn mower must be disposed of to be eligible. 2 An equivalent operable gasoline or diesel-pow ered piece of lawn or garden equipment must be disposed of when the new battery-electric equipment is purchased.
ATTACHMENT 4 - 1
ATTACHMENT 2 - 16
226
CALIFORNIA AIR RESOURCES BOARD
Clean O
ff-Road Equipment Voucher Incentive Project (CORE)
CORE vouchers provide a point -of-sale discount for professional landscapers purchasing new battery -powered zero-emission landscape equipment. CORE vouchers range from $300 to $12,500. CORE does not require scrappage of existing internal combustion equipment as a condition of program participation.
Link
to more info: https://californiacore.org/hot- to-participate-professional- landscape/
COR
E Voucher Project contact: [email protected] or 866-919-2673
BURBANK WATER & POWER (BWP) REBATE PROGRAM
To hel
p promote a healthier, quieter community, BWP is offering a rebate of up to $500 to Burbank -based landscape companies that participate in the SCAQMD electric landscape program .
This
newly enhanced rebate applies to the purchase of an extra battery for electric lawn and garden equipment to ensure operators can run their equipment continuous ly, increase efficiency, manage battery life, and prepare for emergencies .
Link t
o more info:
https://www.burbankwaterandpower.com/conservation/commercial - programs-rebates/conservation- commercial-landscape- battery-rebate BWP
Contact: [email protected] or 818-238-3730 ATTACHMENT 4 - 2
ATTACHMENT 2 - 17
227
ATTACHMENT 3 – 1
Replacement of Gas-Powered
Small Off-Road Engines
Incentive, Rebate, and Buy-Back Programs
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
(SCAQMD)
SCAQMD has two programs to help improve air quality by exchanging older, polluting gasoline- or diesel-powered lawn and garden equipment for new zero-emission, cordless battery-electric equipment.
1. Residential Electric Lawn & Garden Equipment Program Eligible residents can receive a rebate of up to $250 towards the cost of the residential cordless battery electric lawn mower, leaf blower, chainsaw, or trimmer1.
https://www.aqmd.gov/home/programs/community/electric-lawn-and- garden-programs/electric-lawn-mower-rebate-program
Contact: [email protected] or 888-425-6247 (Tuesday-Friday, 9 to 11 AM and 2 to 4 PM)
2. Commercial Electric Lawn and Garden Equipment Incentive & Exchange Program
Available for commercial landscapers and gardeners , local government agencies, school districts , colleges, and non -profit organizations operating within the SCAQMD's region , this program reduces the purchase price of commercial -grade battery electric lawn and garden equipment by up to 85% 2.
Commercial lawn and garden equipment will be made available at a discounted price through pre-authorized dealerships.
https://www.aqmd.gov/home/programs/community/electric-lawn-and- garden-programs/lawn-and-garden-equipment
1 Gasoline powered lawn mower must be disposed of to be eligible. 2 An equivalent operable gasoline or diesel -powered piece of lawn or garden equipment must be disposed of when the new battery-electric equipment is purchased. 228
ATTACHMENT 3 – 2
CALIFORNIA AIR RESOURCES BOARD
Clean Off-Road Equipment Voucher Incentive Project (CORE) CORE vouchers provide a point -of-sale discount for professional landscapers purchasing new battery -powered zero-emission landscape equipment. CORE vouchers range from $300 to $12,500 . CORE does not require scrappage of existing internal combustion equipment as a condition of program participation.
Link to more info: https://californiacore.org/hot-to-participate-professional- landscape/
CORE Voucher Project contact: [email protected] or 866-919-2673
BURBANK WATER & POWER (BWP) REBATE PROGRAM
To help promote a healthier, quieter community, BWP is offering a rebate of up to $500 to Burbank -based landscape companies that participate in the SCAQMD electric landscape program. An enhanced rebate of up to $2 ,500 is available for municipal, educational, and non-profit entities.
This newly enhanced rebate applies to the purchase of a n extra battery for electric lawn and garden equipment to ensure operators can run their equipment continuously, increase efficiency, manage battery life, and prepare for emergencies.
Link to more info:
https://www.burbankwaterandpower.com/conservation/commercial- programs-rebates/conservation-commercial-landscape-battery-rebate
BWP Contact: [email protected] or 818-238-3730
229
STAFF REPORT
DAT
E: September 10, 2024
TO: Ju
stin Hess, City Manager
FR
OM: Patrick Prescott, Community Development Director
Marisa Garcia, Park, Recreation and Community Services Director BY: Katie Picha, Administrative Officer
SU
BJECT: Discussion on a Ban on the Use of Gas-Powered Leaf Blowers in the City of Burbank
RECO
MMENDATION
Note and file.
BACKG
ROUND
At the November 15, 2022 City Council meeting, then Vice Mayor Nick Schultz requested a first step report on banning the use of gas-powered leaf blowers in the City of Burbank (City). On October 19, 2023, Council M ember Tamala Takahashi requested a memorandum on the ban of gas -powered leaf blowers.
In
September 2020, Governor Gavin Newsom signed Executive Order N-79-20 (Order) indicating that a climate change crisis is impacting the State of California in unprecedented ways, affecting the health and safety of its residents. The Order states that zero emission technologies reduce both greenhouse gas emission s and toxic air pollutant s. Further, the Order pledged to accelerate California’s actions to mitigate and adapt to climate change, and more quickly move toward a low -carbon, sustainable, and resilient future.
In
response to the Order, Assembly Bill 1346 (AB 1346) was brought forth and later signed into law by Governor Newso m in October 2021. AB 1346 directed the California Air Resources Board (CARB) to develop cost- effective and technologically feasible regulations that would effectively stop the sale of new gas -powered, small, off-road engines (SORE1). CARB’s updated SORE regulations require new engines (Model Year 1 SOREs are spark-ignition engines with rated power at or below 19 kilowatts (25 horsepower), primarily used for leaf blowers and lawn mowers. However, the other equipment such as generators, lawn mowers, weed trimmers, chain saws, golf carts, airport ground support equipment, and specialty vehicles are also included .
COMMUNITY
DEVELOPMENT
ATTACHMENT 4 - 1
230
2024 or later) to be certified and labeled to meet emission standards and other requirements. Beginning with this year’s 2024 models, the regulations require all sales of new SOREs, including gas-powered leaf blowers, to be zero-emission. 2 While the regulations now require new SORE models sold in California to be zero-emission, they do not ban the use of existing gas -powered SOREs.
DI
SCUSSION
CARB’s regulatory ban applies to the sale of new gas-powered SOREs (Model Year 2024 and later) and primarily affects the manufacturers. There are no bans on the possession, use, repair, or sale of existing equipment (Model Year 2023 and earlier), provided that the equipment complies with the CARB emission requirements applicable to those earlier models. Residents and local landscapers can continue using their existing equipment under these new requirements. However, as aging equipment reaches its end of life, old equipment will be replaced by zero- emission SOREs due to CARB’s regulations .
T
he Park, Recreation, and Community Services Department in conjunction with the Community Development Department submitted a memorandum to the City Manager on October 3, 2022, providing information on how to transition gardeners/landscapers from gas-powered leaf blowers to electric leaf blowers (Attachment 1). The memorandum included information on the benefits of transitioning to alternative equipment and provided information for residents and landscapers on existing and upcoming incentive, rebate, and buy -back programs, such as the South Coast Air Quality Management District (SCAQMD), CARB, and Burbank Water and Power’s Commercial Landscape Battery Rebate Program.
S
everal local cities have implemented a ban on the use of gas -powered leaf blowers, including the Cities of Glendale in 2024, Pasadena in 2023, and South Pasadena in 2022.
The Cities of Beverly Hills (1976), Los Angeles (1998)3, Santa Monica (1991), and West Hollywood (1986) also banned the use of gas -powered leaf blowers.
A
ban on the use of gas -powered leaf blowers should consider the balance between environmental and public health benefits and the economic and operational impacts on residents and workers. Purchase, replacement, and maintenance costs should be taken into consideration along with the disparate impact to workers and landscape business owners. It is also necessary to take into consideration that most new gas-powered SORE sales are currently banned in California, which includes lawn mowers, leaf blowers, chain saws, golf carts, and airport ground support equipment all with rated power at or below 19 kilowatts, or 25 horsepower. If the City were to ban the use of one type of gas-powered SORE (gas -powered leaf blower) on the basis of public health effects from related emissions, a similar ban for all types of gas-powered SOREs may need to be considered to more fully achieve the public health goal, and to not unfairly burden one group of SORE users (in this case, landscape workers).
2 The only exceptions are SORE generators and large pressure washers, which are required to be zero -emission by 2028. 3 City of Los Angeles banned the use of gas-powered leaf blowers within 500 feet of residences in 1998. Beginning in 2021, the ban was expanded to ban the use within 500 feet of residences, schools, and hospitals, as well as between the hours of 10:00pm and 7:00am.
ATTACHMENT 4 - 2
231
Benefits and Impacts of a Ban
Benefits of a ban on the use of gas -powered leaf blowers or all gas -powered SOREs include a potential for an enhanced quality of life by the reduction in air pollution. This can contribute to improved air quality with a potential for respiratory health improvements for residents and workers.
Another benefit is a slight reduction in noise. Noise complaints are the largest complaints the City receives regarding leaf blowers. According to the National Institutes of Health, the decibel (dB) level for commercial-grade gas leaf blowers can range from 65 to 80 dB at 50 feet; electric leaf blowers can range from 65 to 75 dB at 50 feet. For reference, normal breathing is registered at 10 dB
4. Even though there is a slight reduction in noise,
the difference in sound range for gas -powered versus electric leaf blowers is miniscule.
While there are benefits to a potential ban on the use of gas -powered leaf blowers or all gas-powered SOREs, there are also potential impacts that must be considered as well.
Economic impacts such as transition costs or job loss, battery -powered limitation s, and resistance and enforcement challenges must be assessed when considering such a ban.
Replacement Cost
Gas-powered leaf blowers range from approximately $200 (low-end, residential use) to $1,700 (high -end, commercial use), plus the cost of general maintenance and gas. The purchase price of a battery -powered leaf blower is approximately $200 (low-end, residential use) to $ 3,500 (high -end, commercial use) , plus the cost of replacement batteries, electricity for charging, and general maintenance. Replacement batteries range from approximately $200 to $400 each. Due to battery-powered limitations, it is likely the efficiency of landscaping operations may be affected. To help mitigate this, l andscapers will likely need to purchase a smart charger which would allow them to charge up to four batteries at a time without overloading an electrical circuit. The average cost of a smart charger is approximately $650. With these added costs, it is possible that some workers within the landscaping industry may face job loss or reduced income as business owners transition away from gas-powered SOREs.
The City would also need to transition all their gas- powered SORE equipment to zero emission all at once, rather than over time. The cost to transition the City’s gas-powered leaf blowers is approximately $64,170.48 plus the cost of maintenance and electricity for charging; a breakdown of estimated costs is included ( Attachment 2). Included in this estimate is the install ation of electric leaf blower chargers on Forestry and Parks & Recreation Maintenance vehicles along with approximately 96 hours of labor for the Public Works Department to make these modifications , the replacement of 23 gas - powered leaf blowers, and 46 extra batteries for the electric leaf blowers. To provide safe and efficient overnight charging for the modified City vehicles and electric equipment, the construction of a climate- controlled room is required. The costs associated with constructing a climate -controlled room a re included in the City Yard Services Building Project managed by the Public Works Department (currently in the design phase; expected completion date for construction is December 2026). Additionally, any 4 Source: https://www.audicus.com/noise -levels -of-everyday -sounds ATTACHMENT 4 - 3
232
contractors who provide landscape services to the City will also need to transition their gas-powered equipment, which could affect the contract and the contractor’s willingness to partner with the City.
Enforcement Costs and C
hallenges
The City would incur additional costs to enforce a ban on the use of gas-powered SOREs.
To assist with enforcement, additional resources may be required within the Code Compliance section of the Community Development Department. The cost for additional staff time would have an impact to the City’s General Fund . Further, it is likely that the landscaping industry may resist such a ban, which would pose challenges to enforcement, and may also reduce the number of landscapers willing to do business in the City. Additionally, the complaints the City receives about leaf blowers are most often based on noise, and electric leaf blowers still generate similar noise levels as noted above.
Alternative to the Ban on the Use of Gas -Pow ered SOREs Under AB 1346, when the need for a gas-powered SORE replacement arises, the only option available will be to purchase a new, zero emission model. By default, the use of gas-powered SOREs in the City will be reduced, and eventually eliminated through attrition.
Should the City still wish to proceed with a ban on the use of gas-powered leaf blowers or all gas-powered SOREs, it is recommended that the City establish a target date that provides the community ample time, perhaps up to three years, to replace their existing equipment without caus ing an immediate financial or operational impact. Should Council want to include all gas-powered SOREs in such a ban, feasibility research will need to be conducted to identify whether there are electric alternatives. Lastly, an o rdinance that prohibits the use of gas -powered leaf blowers (or all gas -powered SOREs) would need to be developed and presented to Council for a ban to become effective.
COMMUNITY OUTREACH
Should Council direct staff to move forward with implementing a ban on gas-powered leaf blowers or gas-powered SOREs, outreach will be conducted to educate the community on the benefits of transitioning to alternative equipment and to provide sufficient notice.
The results of the outreach would inform the scope of this ban, including feasibility and the transition timeframe. Information on various resources and programs to assist with the transition (Attachment 3) will also be included in this outreach.
ENVIRONMENTAL RE VIEW
This report is for informational purposes only and does not qualify as a “project” under the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378 as consideration of the report has no potential for resulting in a direct physical change or reasonably foreseeable indirect physical change in the environment .
ATTACHMENT 4 - 4
233
FISCAL IMPACT
There is no impact to the City’s General Fund by providing this report, but a ban on gas- powered leaf blowers or all gas-powered SOREs will result in additional costs to the City.
The estimated impact to the City to replace and/or upgrade the City’s gas-powered leaf blowers to electric is $64,170.48 plus the cost of maintenance and electricity for charging.
There would also be additional impacts to implement enforcement measures, including staffing costs.
CONCLUSION
An immediate ban on the use of gas-powered leaf blowers or gas-powered SOREs in the City is not recommended. Adverse impacts to residents, landscapers, and the City would outweigh the potential benefits. As of January 1, 2024, the sale of new gas -powered SOREs is banned statewide. Residents and those utilizing gas -powered leaf blowers, or other gas-powered SOREs, for personal use or work within the City will eventually need to replace their equipment. Through attrition, gas -powered SORE equipment, including leaf blowers, will be phased out and replaced by zero- emission equipment due to availability under AB 1346 and related CARB regulations .
Therefore, it is recommended that the City continue to allow owners and users of gas - powered leaf blowers, and all gas -powered SOREs, to utilize their equipment until a replacement need arises or Council establishes a target date for implementation of a ban.
With this additional time to plan and to obtain assistance from the available incentive programs, residents , workers, and business owners will have the resources needed to switch to zero emission leaf blowers over time while mitigating the impacts to the community.
ATTACHMENT S
Attachment 1 – How to Transition Gardeners from Gas Powered Leaf Blowers Memorandum to the City Manager Dated October 3, 2022 (City Manager Tracking List No. 2443)
Attachment 2 – Estimated Costs to Replace/Upgrade Gas-Powered Leaf Blowers Attachment 3 – List of Incentive, Rebate, and Buy -Back Programs
ATTACHMENT 4 - 5
234
1 STAFF REPORT
DATE: December 9, 2025
TO: Justin Hess, City Manager
FROM: Courtney Padgett, Assistant City Manager
Ray Johal, Senior Assistant City Attorney
Fred Ramirez, Assistant Community Development Director
SUBJECT: Introduction of an Ordinance Establishing Title 7, Chapter 3, Article 11 and Amending Section 1002, Title 10, Chapter 1, Article 10 of the Burbank Municipal Code to Allow the Implementation of Wayfinding Kiosks in the Public Right of Way
RECOMMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 11, WAYFINDING KIOSKS, IN CHAPTER 3, TITLE 7 OF THE BURBANK MUNICIPAL CODE, AMENDING SECTION 1002 SIGNS AND ADVERTISING STRUCTURE REGULATIONS, OF ARTICLE 10, CHAPTER 1, TITLE 10
OF THE BURBANK MUNICIPAL CODE, AND FINDING OF A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15301(C) (CLASS 1), 15303 (CLASS 3), 15304 (CLASS 4), and 15305 (CLASS 5).
BACKGROUND
At the July 15, 2025 City Council meeting, Council received a first step report (in response to a request from Council Member Mullins) on the potential implementation of wayfinding kiosks in the City. Wayfinding kiosks are interactive digital displays that provide public information such as City news, events, alerts, and access to public services. They can display emergency notifications, local business directories and information, transit information, weather updates, maps, hotel , restaurant, and local landmark locations, community services and amenities (including housing and homelessness services), event information, public meeting notices, and access to the City’s 311 application. This CITY MANAGER’S
OFFICE
Reports to Council
Item #2
235
2 accordance with approved agreement s with local jurisdictions. Cities nationwide, including Berkeley, Chicago, Culver City, Miami, Oakland, San Diego, Santa Monica, and West Hollywood, have introduced wayfinding kiosk programs to expand access to public information, support local businesses, and enhance the pedestrian experience.
During the discussion on July 15, Council directed staff to return with information on the feasibility of implement ing a pilot program , recommended amendments to the Burbank Municipal Code, procurement options, and proposed community engagement for the program.
DISCUSSION
Following Council’s direction, C ity staff from the City Attorney’s Office, City Manager’s Office, Community Development Department, Public Information Office, Public Works Department, and Burbank Water and Power evaluated the potential structure and requirements of a kiosk program. Burbank Municipal Code (BMC), Title 10 (Zoning Regulations), Chapter 1 (Zoning), Article 10 Sign and Advertising Structure Regulations (Attachment 1) governs signage to preserve community aesthetics and safety. Under the City’s current z oning ordinance, self -illuminating and electronic signs are prohibited.
Further, the proposed kiosk structure installation within the public right-of-way would also be governed under Chapter 3 (Streets) of Title 7 (Public Ways and Property) of the BMC (Attachment 2).
To allow for the installation of wayfinding kiosks in the public right -of-way, amendments to the BMC ’s zoning and streets regulations are necessary . These changes formally permit kiosk use, outline advertising parameters, and ensure consistency with City goals by establishing clear design standards, operational criteria, and location guidelines that address legal, safety, and aesthetic considerations.
Changes to the BMC
Staff has developed a regulatory framework through the proposed ordinance (Attachment 1) that will allow for the installation of interactive wayfinding kiosks in the public right -of- way. To ensure consistency and public safety, the proposed changes to the BMC establish clear design, lighting, and operational standards, as well as permitting and enforcement procedures. Additional amendments to the BMC clarify the applicability of sign regulations and encroachment permit requirements for these installations.
Establishment of NEW BMC Article
The proposed ordinance creates Title 7, Chapter 3, Article 11, which:
• Defines “Wayfinding Kiosk”, “Public Right of Way”, and related terms • Establishes objective operational standards for kiosks, including:
o Sound limitations, allowing only emergency audio functions information can be displayed in addition to commercial advertising that is managed in 236
3 Amendments to Related Code Sections
To ensure consistency across the BMC, the ordinance also:
• Amends Title 7, Chapter 3, Article 7, Section 704 regarding encroachment permit recording requirements, clarifying that kiosk permits do not need to be recorded with the County Recorder
• Amends Title 10, Chapter 1, Article 10, Section 1002 (i.e., City Zoning Ordinance) to exempt wayfinding kiosks from sign regulations normally applicable to advertising signs
COMMUNITY OUTREACH
Should Council introduce and adopt the ordinance, staff will begin implem entation of public education and engagement efforts as the kiosk program moves forward. Outreach will include information on the purpose of the kiosks, public services available through the kiosks, and privacy and accessibility considerations. Engagement tools may include but are not limited to online updates, social media messaging, stakeholder briefings, and collaboration with local business organizations and neighborhood groups. Staff will also work with the kiosk owners/operators to develop and provide instructional materials to help community members understand the kiosk features and available City resources.
ENVIRONMENTAL REVIEW
The proposed Ordinance, which would establish new regulations that allow for the implementation of wayfinding kiosks within the public right -of-way pursuant to an operating agreement with the City has been determined by City staff to be a project under the California Environmental Quality Act (CEQA) Guidelines . Further, staff has determined the project to be categorically exempt pursuant to the CEQA Guidelines (California Code of Regulations Title 14) Sections 15301(c) : Class 1, 15303: Class 3 , 15304: Class 4 , and 15305: (Class 5) . Staff worked with its environmental consultant (Dudek) to identify all CEQA categorical exemptions applicable to the project, which are detailed in the Notice of Exemption (Attachment 3) and accompany consultant memorandum (Attachment 4).
o Digital refresh rate limitations (no more than every 10 seconds) o Lighting and brightness control requirements, with automatic dimming based on ambient conditions
o Nighttime shutoff, unless dimming technology meeting specified standards is installed
• Requires kiosk owners to obtain an operating agreement with the City and all required building, excavation, and encroachment permits • Provides enforcement procedures if a kiosk becomes unsafe or noncompliant 237
4 FISCAL IMPACT
There is no fiscal impact associated with the adoption of the proposed Ordinance. All costs associated with the future installation, operation, and maintenance of kiosks will be the responsibility of the kiosk owner in accordance with a future approved agreement with the City. R evenue-sharing provisions will also be addressed through an approved agreement.
CONCLUSION
As part of the City’s ongoing efforts to enhance public access to information and improve the pedestrian experience in Downtown Burbank and other pedestrian use areas, staff has developed a regulatory framework to allow for the installation of interactive wayfinding kiosks in the public right -of-way. These kiosks will provide updates on City services, emergency notifications, community events, and local amenities, and will offer access to the City’s 311 system and other resources. The proposed ordinance establishes comprehensive operational, safety, and design standards to support implementation of a kiosk program.
ATTACHMENTS
Attachment 1 – Proposed Ordinance
Attachment 2 – Notice of Exemption
Attachment 3 – Environmental Assessment
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ATTACHMENT 1
1 Eff.: ORDINANCE NO. _______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK ESTABLISHING ARTICLE 11 , WAYFINDING
KIOSKS, IN CHAPTER 3, TITLE 7 OF THE BURBANK
MUNICIPAL CODE , AMENDING SECTION 1002 SIGNS
AND ADVERTISING STRUCTURE REGULATIONS , OF
ARTICLE 10, CHAPTER 1, TITLE 10 OF THE BURBANK
MUNICIPAL CODE , AND FINDING OF A CATEGORICAL
EXEMPTION PURSUANT TO CEQA GUIDELINES
SECTIONS 15301(C) (CLASS 1), 15303 (CLASS 3) , 15304
(CLASS 4), and 15305 (CLASS 5)
City Attorney’s Synopsis:
This Ordinance allows for the implementation of wayfinding kiosks in the public right of way , pursuant to an operating agreement with the City. Wayfinding kiosks will benefit the public health, safety, and general welfare by providing community alerts, event information, location services, and many other important on-demand interactive applications for use by the public.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. Wayfinding kiosks will contain real time updates on City related news, events, alerts, and access to public services, thus providing a benefit to the public health, safety, and general welfare of the community.
B. Wayfinding kiosks will provide public information about emergency alerts, local businesses, transit, weather, maps, locations for hotels, restaurants, local amenities and landmarks, community resources (including housing and homelessness services), city services, community events, public meetings, civic programs, and the City’s 311 application to report issues or concerns.
C. Wayfinding kiosks will be subject to an operating agreement with the City including revenue sharing from commercial advertising.
D. This Ordinance, including any administrative amendment s to Title 10 contained herein, would allow for the implementation of Wayfinding Kiosks in the public right of way, pursuant to an operating agreement with the City, and is therefore deemed a project under the California Environmental Quality Act (CEQA) Guidelines. This project has been analyzed and determined to be categorically exempt pursuant to CEQA Guidelines (California Code of Regulations Title 14) under the following sections:
1. Section 15301(c) (Class 1): the project consists of minor improvements occurring within existing streets;
239
ATTACHMENT 1
2 2. Section 15303 (Class 3): the nature of the project, which consists of construction of small new equipment and facilities in small structures, includes street improvements;
3. Section 15304 (Class 4) : the project consists of minor public alterations that do not involve the removal of healthy, mature, scenic trees, including but not limited to minor trenching and backfilling where the surface is restored; and
4. Section 15305 (Class 5): the project would allow for minor alterations to land use limitations in an area with an average slope of less than 20% and the issuance of encroachment permits and would not result in any changes in land use or density.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. The City Council of the City of Burbank hereby declares that the above findings are true and correct and are hereby incorporated by reference.
2. Title 7, Chapter 3, Article 11, of the Burbank Municipal Code is (“BMC”) hereby established to read as follows:
“ARTICLE 11. WAYFINDING KIOSKS
7-3-1101: DEFINITIONS
As used in this article, unless the context otherwise clearly indicates, the following words and terms shall mean:
CITY: City of Burbank, or any employee, officer, agent, or representative authorized by the City Council, City Charter, resolution, or ordinance, to act on behalf of the City of Burbank.
PUBLIC RIGHT OF WAY: The improved or unimproved surface of and the space above and below a City easement for a public utility purpose, street, sidewalk, or similar public way of any nature, dedicated, or improved for vehicular, bicycle, and/or pedestrian-related purpose, maintained and operated by the City, used now or hereafter held by City, however required.
WAYFINDING KIOSK or KIOSK: An interactive digital kiosk installed in the public right of way with dimensions not to exceed nine (9) feet in vertical height, three and one-half (3 ½) feet in horizontal length, nor a width larger than 13 inches, with no more than 13 square feet in digital screen display per display face, to be used by pedestrians and/or transit riders , having a primary purpose of providing wayfinding services , public information and other messaging selected by the City, and which may include commercial advertising.
7-3-1102: WAYFINDING KIOSKS:
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ATTACHMENT 1
3 A. Temporary or permanent Wayfinding Kiosks, intended for a public purpose or benefit, shall be allowed in the public right of way, pursuant to an approved operating agreement with the City and subject to the following objective criteria:
1. Sound. Wayfinding Kiosk shall not emit sound, except for two -way speaker capabilities that allow a user to have on-demand audio connection to emergency services with not more than a 70-decibel output. The maximum decibel output may be reduced pursuant to the terms of the written operating agreement with the City.
2. Refresh Rate. A Wayfinding Kiosk shall be subject to a non- controlled refresh rate of no more frequently than ten (10) seconds or six (6) times per minute.
3. Lighting. A Wayfinding Kiosk shall be internally illuminated. Each Kiosk operating system shall contain an automatic dimmer control that utilizes a Global Positioning System ( “GPS”) to determine sunrise and sunset times and reduce illumination for the time period between one half -hour (½) before sunset and one- half hour (½) after sunrise, and may further contain a light sensing device, placed in a manner to prevent influence by artif icial lighting, to adjust brightness as ambient light conditions change, in order to insure that the display meets the following brightness standards:
(a) The maximum brightness shall be 0.3 foot -candles above the ambient light measured two hundred fifty (250) feet perpendicular from the face of the display, unless a residential property is located within two h undred (200) feet of any portion of a Kiosk, in which case the Kiosk operator must reduce light intensity on, or shade or shield the display, or direct the lighting from such Kiosk away from such residential property such that the lighting from the Kiosk shall not result in a light intensity greater than three- tenths of one (0.3) foot -candle above ambient lighting, as measured at the property line of any residential property within two hundred (200) feet of the Wayfinding Kiosk.
(b ) No Wayfinding Kiosk shall display light of such intensity that it interferes with the effectiveness of an official traffic sign, signal or device.
(c) Each Wayfinding Kiosk shall automatically shut off between the hours of 12:00 a.m. and 6:00 a.m. unless it is equipped with an automatic dimming control that meets the requirements of this section.
(d) At the time of submitting a Wayfinding Kiosk encroachment permit application, the owner applying for the permit sign shall submit a certification that this standard has been satisfied.
B. In addition to entering into an approved operating agreement with the City, an owner of a Wayfinding Kiosk pursuant to section (A) shall, at its own cost, apply for and obtain all required permits, including an encroachment permit , and comply with all regulations set forth in Title 7, Chapter 3, Article 7 of the Burbank Municipal Code , prior to installation.
241
ATTACHMENT 1
4 C. Enforcement. Whenever a Wayfinding Kiosk is found to be unsafe or maintained in violation of any provision of this Article, the Public Works Director, or their designee may issue a notice to the owner that such Wayfinding Kiosk be changed, repaired, reconstructed, demolished or removed, as may be necessary to make effective compliance with the provisions of this A rticle. Any work required to be done shall be completed within ten (10) days of the date of said notice . Unless otherwise granted a written extension by the Public Works Director, or their designee, failure, neglect, or refusal to comply with such notice shall be grounds for the revocation of any permit granted under this Article, administrative citation pursuant to this code, default under the operating agreement, or any other action available under local, state, or federal law.
3. Title 7, Chapter 3, Article 7, Section 704, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underline):
“7-3-704: ENCROACHMENT PERMIT FEE:
The Public Works Director shall collect a fee as specified in the Burbank Fee Resolution, as amended by the Council from time to time, for handling and recording the application and shall issue an encroachment permit. Applications and permits for canopies, fences, and railing required by Section 9- 1.4406 of the Building Code , and applications and permits for Wayfinding Kiosks required by Section 7-3-1102(B) of this Code need not be recorded. However, all other applications and permits shall be referred to the City Clerk for recording in the office of the County Recorder. The City Clerk shall keep a permanent file of all permits recorded. Each permit shall be construed as authorizing merely the temporary privilege to encroach to the extent permitted and subject to the conditions therein stated. No permit shall be deemed to transfer any right, title or interest of the City.
The City may cancel a permit at any time and thereby terminate encroachment privileges.
Permits for canopies, fences, and railings required by Section 9- 1.4406 of the Uniform Building Code shall automatically expire when the construction permit expires or is canceled.”
4. Title 10, Chapter 1, Article 10, Section 1002, of the Burbank Municipal Code is hereby amended and restated to read as follows (additions are marked in red and underline):
“10-1-1002: APPLICABILITY AND EXEMPTIONS
A. APPLICABILITY.
The provisions of this Article apply to all signs except advertising signs as defined in Section 10-1-203. Advertising signs and structures are prohibited uses in all zones per Burbank Municipal Code Section 10-1-502. These provisions do not apply to Wayfinding Kiosks in the Public Right of Way as described in Title 7.
B. EXEMPTIONS.
242
ATTACHMENT 1
5 The following signs are exempt from the provisions of this Article:
1. Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person or entity giving legal notice.
2. Directional, warning or informational signs authorized by federal, state, or municipal authority or public utility.
3. Signs located on the interior of a building and intended to be viewed solely by the persons inside the building.
4. Signs that are not visible from the public right -of-way, a private street that is open to the public, or properties other than the one on which the sign is located.
5. Holiday decorations, not to exceed a total of six (6) weeks of display during any calendar year.
C. SIGN VARIANCE.
A Variance from the provisions of Sections 10-1-1004 through 10-1-1014 of this Article 10 may be granted by the Planning Commission pursuant to Section 10-1-1918.”
5. This Ordinance and any amendments to Title 10 contained herein, is considered exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Class 1 Exemption), because this Ordinance would allow for minor improvements occurring within existing streets, CEQA Guidelines Section 15303 (Class 3 Exemption), because this Ordinance would allow for construction of small new equipment and facilities which includes street improvements, CEQA Guidelines Section 15304 (Class 4 Exemption), because this Ordinance would allow for minor public alterations that do not involve the removal of healthy, mature, scenic trees, including but not limited to minor trenching and backfilling where the surface is restored, and CEQA Guidelines Section 15305 (Class 5 Exemption), because this Ordinance would allow for minor alterations to land use limitations in an area with an average slope of less than 20% and the issuance of encroachment permits and would not result in any changes in land use or density.
6. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this O rdinance. The Burbank City Council declares that it would have adopted this Ordinance, each and every section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would subsequently be declared invalid or unconstitutional.”
7. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 st)
day after the date of adoption.
243
ATTACHMENT 1
6 8. The City Manager or their designee is authorized to execute any action necessary to codify these amendments into the BMC.
9. The City Clerk will certify to the passage of this O rdinance and cause the City Attorney’s Synopsis of this Ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Burbank, California.
PASSED AND ADOPTED this _____ day of __________ , 2025.
__________________________
Nikki Perez
Mayor
Approved as to Form:
Attest: Office of the City Attorney
________________________ By: _______________________ Kimberley Clark, City Clerk Ray Johal Senior Assistant City Attorney
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 the ordinance’s adoption on ____________________.
__________________________
Kimberley Clark, City Clerk
244
ATTACHMENT 2
245
MEMORANDUM
To: Mr. Federico ‘Fred’ Ramirez, City Planner/Asst Community Development Director From: Carey Fernandez, AICP
Subject: Wayfinding Ordinance – Substantial Evidence for CEQA Categorical Exemptions Date: 11/19/2025
To Mr. Ramirez,
Dudek has evaluated the Wayfinding Ordinance (proposed project) in the City of Burbank. The proposed project includes the establishment of Article 11, “Wayfinding Kiosks”, in Chapter 3, Title 7, of the Burbank Municipal Code, and amending Section 1002, “Signs and Advertising Structure Regulations”, of Article 1, Chapter 1, Title 10 of the Burbank Municipal Code. The proposed project would allow for the implementation of wayfinding kiosks in the public right of way, pursuant to an operating agreement with the City. Based on our review of the proposed project, we have determined and confirmed that the project meets the criteria for the categorical exemption under the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations Title 14) Sections 15301(c) (Class 1), 15303 (Class 3) and 15304 (Class 4), and 15305 (Class 5) as described herein. Due to the proposed project consisting of minor improvements occurring within existing streets, sidewalks and pathways, a Class 1 Categorical Exemption has been proposed. Additionally, a Class 3 Categorical Exemption is applied due to the nature of the project, which consists of construction of small new equipment and facilities in small structures, as further defined to include street improvements. Further, Class 4, consisting of minor public alterations that do not involve the removal of healthy, mature, scenic trees, including but not limited to minor trenching and backfilling where the surface is restored, is appropriate for this proposed project. Finally, Class 5 consists of minor alterations to land use limitations in an area with an average slope of less than 20% and the issuance of encroachment permits, which do not result in any changes in land use or density, is applied. We have included below substantial evidence to justify this conclusion. The italicized and bold provisions below are those which the proposed project falls within:
CATEGORICAL EXEMPTIONS AND EXCEPTIONS
Article 19 of the CEQA Guidelines includes a list of classes of projects, which have been determined not to have a significant effect on the environment, and which shall, therefore, be exempt from the provisions of CEQA. Such projects are categorically exempt from the requirement for the preparation of environmental documents.
Pursuant to CEQA Guidelines Section 15300.2, to qualify for Section 15301, 15303, 15304, or 15305 categorical exemptions, projects must ensure they do not take the following exceptions:
▪ Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, t hese classes are considered to apply all instances, except where ATTACHMENT 3
246
MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION
2 NOVEMBER 2025
the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
▪ Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
▪ Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
▪ Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designate d as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
▪ Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
▪ Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
CLASS 1 EXEMPTION: EXISTING FACILITIES
Projects within the Class 1 exemption consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Application of this exemption, as all categorical exemptions, is limited by the exceptions described above.
Class 1 exemptions are appropriate for projects that meet the following conditions:
▪ Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
▪ Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services;
▪ Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) and other alterations such as the addition of bicycle facilities, including but not limit ed to bicycle parking, bicycle -share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes.
ATTACHMENT 3
247
MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION
3 NOVEMBER 2025
▪ Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood; ▪ Additions to existing structures provided that the addition will not result in an increase of more than; o 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
o 10,000 s.f. if;
▪ The Project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and ▪ The area in which the project is located is not environmentally sensitive. ▪ Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices; ▪ New copy on existing on and off-premise signs;
▪ Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides).
▪ Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;
▪ Fish stocking by the California Department of Fish and Game; ▪ Division of existing multiple family or single -family residences into common -interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt;
▪ Demolition and removal of individual small structures listed in this subdivision:
o One single -family residence. In urbanized areas, up to three single -family residences may be demolished under this exemption.
o A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished. o A store, motel, office, restaurant, or similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, this exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. o Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
▪ Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources
▪ Conversion of a single-family residence to office use. ▪ Installation, in an existing facility occupied by a medical waste generator, or a steam sterilization unit for the treatment of medical waste generated by the facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act
▪ Use of a single-family residence as small family day care home.
ATTACHMENT 3
248
MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION
4 NOVEMBER 2025
The Class 1 exemption applies because the proposed project would facilitate minor improvements and other alterations to existing streets and sidewalks that do not create additional automobile lanes, and devices to be used in conjunction with existing struc tures and facilities (specifically, existing streets and sidewalks) for purposes of protecting pedestrian health and safety by providing public benefit information, and providing navigational and wayfinding assistance that includes but is not limited to restaurant and retail locations in the immediate vicinity of the equipment, public information (e.g., 911 and 311 public information), available public transit options that would all be available for public viewing by allowing the installation of wayfinding kiosks in the public right of way, none of which involves more than a negligible expansion in use of existing streets and sidewalks. Therefore, substantial evidence supports the conclusion that the Class 1 exemption applies to the proposed project.
CLASS 3 EXEMPTION: NEW CONSTRUCTION OR CONVERSATION OF SMALL STRUCTURES Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of the exemption include, but are not limited to:
▪ One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. ▪ A duplex or similar multi -family residential structure, totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units.
▪ A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area . In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
▪ Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to service such construction.
▪ Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. ▪ An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, provided that the unit is installed and operated in accordance with the Waste Management Act.
The Class 3 categorical exemption applies because the proposed project would facilitate limited numbers of new, small facilities or structures (i.e., wayfinding kiosks) including street improvements and utility equipment and extensions of reasonable length to serve such construction. The number and location of wayfinding kiosks facilitated by the proposed project would be limited pursuant to a city-approved operating agreement related to the proposed project. It is well recognized that the Class 3 exemption applies to the installation of small new equipment on numerous existing small structures in scattered locations , which the proposed wayfinding ki osks in the public right of way would meet this designation. Therefore, substantial evidence supports the conclusion that the proposed project is within the Class 3 exemption.
ATTACHMENT 3
249
MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION
5 NOVEMBER 2025
CLASS 4 EXEMPTION: MINOR ALTERATIONS TO LAND
Class 4 exemptions consist of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal or healthy, mature, scenic tress except for forestry or agricultural purposes. Examples include but are not limited to:
▪ Grading on land with a slope less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designed (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone, as delineated by the State Geologist. ▪ New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire-resistant landscaping.
▪ Filling of earth into previously excavated land with material compatible with the natural features of the site.
▪ Minor alterations inland, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of the habitat for fish and wildlife resources or greater fish production.
▪ Minor temporary use of land having negligible or not permanent effects on the environment, including carnivals, sales of Christmas trees, etc.
▪ Minor trenching and backfilling where the surface is restored; ▪ Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal agencies;
▪ The creation of bicycle lanes on existing rights-of-way. ▪ Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare or threatened plant or animal species or significant erosion and sedimentation of surface waters.
The Class 4 exemption applies because the proposed project would facilitate minor alterations in the condition of existing land which does not involve removal of trees, specifically the condition of existing streets and sidewalks, and may involve trenching and backfilling in various locations for installation of wayfinding kiosks and supporting utility equipment and line extensions , and in all instances the surface is required to be restored. Therefore, substantial evidence supports the conclusion that the proposed project is within the scope of the Class 4 exemption.
CLASS 5 EXEMPTION: MINOR ALTERATIONS IN LAND USE LIMITATIONS Class 5 exemptions consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use density, including but not limited to:
▪ Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel;
▪ Issuance of minor encroachment permits;
▪ Reversion to acreage in accordance with the Subdivision Map Act.
ATTACHMENT 3
250
MEMORANDUM
SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION
6 NOVEMBER 2025
Class 5 exemption applies because the proposed project would facilitate minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use density, including the issuance of minor encroachment permits. This applies because the proposed project would allow temporary or permanent wayfinding kiosks to be located within the public right of way, pursuant to an approved operating agreement with the City and subject to the City’s approval of an encroachment permit application (s). Therefore, substantial evidence supports the conclusion that the proposed project is within the scope of the Class 5 exemption.
Categorical Exemption Exception Analysis
The exceptions to Categorical Exemptions pursuant to CEQA Guidelines Section 15300.2 as set forth above do not apply, for the following reasons:
▪ Location. The proposed project requires an operating agreement with the City, in which the specific locations of the wayfinding kiosks are determined and approved by the City. Therefore, the proposed project does not include site -specific locations , which could have an impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
▪ Cumulative Impact. Cumulative impacts of successive projects of the same type in the same place, over time are not significant. The proposed project requires the applicant to enter into an approved operating agreement with the City, in which the applicant shall at its own cost, apply for and obtain all requirements city permits, including encroachment permits, and comply with all regulations set forth in Title 7, Chapter 3, Article 7 of the Burbank Municipal Code, prior to installation. Therefore, the proposed project does not include site -specific locations of the same type in the same place that may cause potentially significant cumulative impacts.
▪ Significant Effect. There is no reasonable possibility that the proposed project will have a significant effect on the environment due to unusual circumstances. The proposed project imposes specific limits and standards on lighting and requires that the applicant submit certification that the lighting standard has been satisfied at the time of submitting a wayfinding kiosk building and exc avation permit application and any required encroachment permit application. In addition, the proposed project includes standards on sound and requires that wayfinding kiosks do not emit sound, except for two - way speaker capabilities that allow a user to have on-demand audio connection to emergency services with not more than a 70-decibel output, which is consistent with the maximum allowable noise exterior exposure limits identified from transportation sources in proximity to residential and commercial land uses as noted in the Burbank2035 General Plan Noise Element (Table N -3). Further, the maximum decibel output may be reduced pursuant to the terms of the written operating agreement with the City. ▪ Scenic Highways. There are no state scenic highways within the City of Burbank. Therefore, the project (i.e., the installation of wayfinding kiosks in the city public right of way) would not result in wayfinding kiosks being located on, or adjacent to, a highway officially designated as a state scenic highway.
Therefore, the proposed project will not have any impact on a state scenic highway. ▪ Hazardous Waste Sites. The proposed project requires an operating agreement with the City, in which the locations of the wayfinding kiosks in the public right of way are determined and approved by the City. The proposed project does not include site-specific locations that could be located on a site, which ATTACHMENT 3
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7 NOVEMBER 2025
is included on any list compiled pursuant to Section 65962.5 of the Government Code. Therefore, the proposed project will not have any impact on a hazardous waste site. ▪ Historical Resources. The proposed project would not cause a substantial adverse change in the significance of a historical resource. The proposed project would be required to comply with Title 10, Chapter 1, Article 9, Division 6, “Historic Preservation Regulations,” of the Burbank Municipal Code.
These regulations outlined in the Historic Preservation Regulations ordinance ensure the project will not cause a substantial adverse change in the significance of a historical resource.
CONCLUSION
As described above, the proposed project that involves new regulations to facilitate the installation of wayfinding kiosks in the public right of way subject to a city -approved operation agreement is exempt from further environmental review as minor alterations to existing streets and highways that do not create additional automobile lanes or involve more than a negligible increase in use of existing facilities, consisting of the addition of small facilities and potential minor alteration to land within the existing right -of-way during construction, after which the surface will be restored.
Further, the terms of the proposed project dictate that temporary or permanent wayfinding kiosks, intended for a public purpose or benefit, shall be allowed in the public right of way, pursuant to an approved operating agreement with the City and subject to objective criteria including limitations on sound, refresh rate, and lighting. At the time of submitting a wayfinding kiosk building and excavation permit and any required encroachment permit application, the owner applying for these city permits sign shall submit a certification that the standard outlined in the proposed project has been satisfied. In addition to entering into an approved operating agreement with the City, the proposed project dictates that an owner of a wayfinding kiosk pursuant to section (A) shall, at its own cost, apply for and obtain all required city permits, including but not limited to any building, excavation, and encroachment permits, and comply with all regulations set forth in Title 7, Chapter 3, Article 7 of the Burbank Municipal Code, prior to installation. Therefore, upon entering into an agreement with the City, the wayfinding kiosks would not be located where there is a reasonable possibility of a significant effect on the environment such as a designated environmentally sensitive area, state scenic highway or hazardous waste site, or to cause a change in the significance of historical resources.
The proposed project does not fall under any of the exceptions to use of a categorical exemption, as defined in Article 19 of the CEQA Guidelines (and described above). The project is not anticipated to result in any significant direct or cumulative impact s and would not result in damage to scenic resources within a highway officially designated as a state scenic highway. The project site, which encompasses public right of way throughout the city is also not included on any list compiled pursuant to Section 65962.5 of the Government Code (hazardous waste sites). Lastly, the project would not cause a substantial adverse change in the significance of a historical resource.
Substantial evidence in the record as a whole supports these conclusions. As a result, Dudek is recommending that this project utilize the Class 1, 3, 4 and 5 CEQA exemptions. If you have any questions regarding this analysis, please feel free to contact me at 760.479.4299, or [email protected].
Sincerely,
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SUBJECT: CEQA SUBSTANTIAL EVIDENCE EXEMPTION
8 NOVEMBER 2025
Carey Fernandes, AICP
Practice Director, CEQA/NEPA
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