Burbank Municipal Code Art. 1 Environmental Quality

The purpose of this article is to provide guidelines for the study of proposed activities and the effect that such activities would have on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). [Amended by Ord. No. 3163, eff. 10/14/89.]

A. General: Except as otherwise defined either in subsection B of this section or in Title 1, Chapter 1, Article 3 of this code, words and phrases used in this article shall have the same meaning given them by Chapter 2.5 of CEQA and by Article 20 of the State CEQA Guidelines.

B. Special: The following definitions shall govern in the construction and meaning of this article:

AGENCY: The Redevelopment Agency of the City of Burbank.

AUTHORITY: The Housing Authority of the City of Burbank.

BOARD: Means and includes “board”, “commission”, and “committee”.

DIRECTOR: The Director of Community Development Department or their designee.

LEAD DEPARTMENT: The City Department coordinating the project. [Amended by Ord. No. 3163, eff. 10/14/89.]

The City does hereby adopt the State CEQA Guidelines (“Guidelines”) as set forth in Title 14, Section 15000 et seq., of the California Administrative Code and as amended from time to time. This adoption shall not be construed so as to limit the City in adopting additional implementing procedures in accordance with Section 15022 of said Guidelines, or other ordinances deemed necessary for the protection of the environment. [Amended by Ord. No. 3163, eff. 10/14/89.]

The Lead Department shall:

A. Determine whether an activity is a project subject to CEQA.

B. If determined to be a project, evaluate whether it is exempt or whether there is a possibility that the project may have a significant effect on the environment.

C. If the project is not exempt from CEQA, submit to the Director an application for preparation of an initial study, in a form approved by the Director. [Amended by Ord. No. 3163, eff. 10/14/89.]

A. The Director shall:

1. Generate and keep a list of exempt projects.

2. Conduct initial studies.

3. Prepare Negative Declarations.

4. Prepare draft and final EIRs.

5. Consult with and obtain comments from other public agencies and members of the public with regard to the environmental effect of projects, including “scoping” meetings when deemed necessary or advisable.

6. Assure adequate opportunity and time for public review and comment on the draft EIR or Negative Declaration.

7. Determine adequacy of an EIR or Negative Declaration.

8. Submit the final appropriate environmental document or recommendation that a project is exempt from CEQA to the Council or other decision making person or body who will approve or disapprove a project. The decision making person may be the Director if provided in this Code or other applicable law or regulation.

9. File documents required or authorized by CEQA and the State CEQA Guidelines.

10. Collect fees and charges necessary for the implementation of this article shall be designated in an amount in the Burbank Fee Resolution as may be amended by Council from time to time.

11. Formulate rules and regulations as the Director may determine are necessary or desirable to further the purposes of this article.

B. The decision making body or person who is responsible for approving or disapproving a project shall:

1. Certify the adequacy of and adopt the environmental document or issue a final determination that the project is exempt from CEQA.

2. Immediately notify the Director of the final environmental determination so that the Director may timely file or post related environmental documents. [Amended by Ord. No. 25-4,024, eff. 4/11/25; 3163.]

A. Time Limitations: Time limits for completion of the various phases of the environmental review process shall be consistent with CEQA and Guidelines; and those time limits are incorporated herein by reference. Reasonable extensions to these time limits shall be allowed upon consent by the applicant.

B. Legislative Acts: Time limits set forth in this section shall not apply to legislative actions.

C. Appeal: Any time limits set forth herein shall be suspended during an administrative appeal. [Amended by Ord. No. 3163, eff. 10/14/89.]

A. Posting: Notice of the decision of whether to prepare an EIR, Negative Declaration, Mitigated Negative Declaration, or declare determination that a project is exempt from CEQA review shall be provided and filed as may be required by state law or regulations, including but not limited to California Public Resources Code Section 21152, as may be amended. Notices of exemption that are optional under state law will be filed in accordance with the process outlined in California Public Resources Code Section 21152(b), however failure to file such optional notice will not constitute grounds to invalidate the environmental decision or the related project.

B. Additional Notice: Additional notices required by CEQA will be provided as required by applicable law or regulations. [Amended by Ord. No. 25-4,024, eff. 4/11/25; 3163.]

A final environmental decision made by a decision making body or person other than the City Council may be appealed to the City Council by filing an appeal within fifteen (15) days after the decision is made in accordance with the process outlined in Section 10-1-1907.3.

The hearing shall be limited to considerations of the environmental or procedural issues raised by the appellant in the written notice of appeal. The original decision shall be presumed correct, and the burden of proof shall be on the appellant to establish otherwise. The City Council may uphold or reverse the environmental decision, or remand the decision back to the original decisionmaker for reconsideration if substantial evidence of procedural or significant new environmental issues are presented. The decision of the City Council will be final. [Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983, 3264, 3163.]

This article establishes procedural guidelines for the evaluation of the environmental factors concerning activities within the City and in accordance with State Guidelines. Where conflicts exist, the State Guidelines shall prevail except where this article is more restrictive. [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-110 through 9-3-117: RESERVED:

[Repealed by Ord. No. 3163, eff. 10/14/89.]

The Los Angeles County Hazardous Waste Management Plan (LACoHWMP) presents an overview of the existing hazardous waste management system, and provides for planning in the future. This plan is herein adopted and incorporated by reference into the Burbank Municipal Code. Notwithstanding compliance with the LACoHWMP, applications for hazardous waste facilities shall be required to obtain conditional use permits pursuant to Title 10 of this code, as well as state and federal environmental assessments referred to in this chapter. [Added by Ord. No. 3194, eff. 7/7/90.]