Burbank planning commission backs zoning changes to streamline project appeals for housing

The City of Burbank Planning Commission on Jan. 13 voted 3-0 to recommend the City Council adopt a zone text amendment to implement Program 22 of the Burbank 2021–2029 Housing Element, streamlining project appeal procedures for housing projects.

The amendment would end the ability to appeal a director’s decision on a housing project beyond the Planning Commission, require appellants to cite the specific Burbank Municipal Code section that forms the basis of their appeal, consolidate inconsistent appeal language in Title 10 into centralized sections (BMC 10-1-1907.2 and 10-1-1907.3), clarify that only disapprovals of ministerial review applications and discretionary development review decisions are appealable, and update public-notice timelines to meet the 20-calendar-day requirement established by AB 2904.

Planning staff told commissioners the changes implement Housing Element Program 22’s goal to remove constraints to housing and to reduce delays caused by duplicate or inconsistent appeal processes. Bobby Keating, Associate Planner in the Community Development Department, described changes that would make mixed-use projects that now require a conditional use permit subject to an Administrative Use Permit instead, so the director issues the initial decision and the Planning Commission becomes the final reviewing body on appeal. Keating also said administrative updates to appeal forms, notices and agendas would follow if the council adopts the ordinance.

Staff recommended the commission find the ZTA consistent with the Burbank 2035 General Plan and the Burbank Municipal Code and said the proposed amendments were contemplated in the housing element programmatic EIR; staff cited California Code section 65860 and CEQA guidance (including CEQA Guidelines §§15183(a), 15061(b)(3) and 15378) in support of that determination.

Commissioners praised staff and the city attorney for aligning the amendment with the housing element and for clarifying the rules for ministerial versus discretionary reviews. The commission adopted a resolution recommending the council adopt the ordinance by recorded roll call: Vice Chair Wick — yes; Commissioner Safarian — yes; Commissioner Makertumian — yes. Commissioner Bennett was absent.

Staff also recorded a minor drafting omission in Exhibit A of the staff report (pages A-26 and A-29) related to strike-through/underline presentation of revised language; staff placed that correction on the record and said it would be fixed prior to final ordinance preparation. Staff noted that the consolidated appeal-form language and public-notice language would be prepared as administrative updates if the council approves the ordinance.

If the City Council adopts the ZTA, staff said it would prepare administrative revisions to appeal forms and public notices to require appellants to list the specific findings or code criteria that form the basis of an appeal and to limit hearing testimony to the items listed on the form.

Votes at meeting: motion to recommend adoption passed 3-0 (Vice Chair Wick, Commissioner Safarian, Commissioner Makertumian voting yes; Commissioner Bennett absent).