Burbank Municipal Code Art. 8 Procedure for Establishing Setback Lines

Proceedings for the establishment of setback lines along any street or portion thereof in the City may be initiated by the Council upon its own motion, or by any person filing a petition with the City Planning Commission, requesting that such setback line or lines be established. Any number of streets may be included in a single proceeding. [Formerly numbered Section 26-93; renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

The petition shall designate the street along which the setback line or lines are to be established and shall be accompanied by a map or sketch showing the street lines, lot lines, proposed setback lines, and the distance between the setback lines and lot lines. [Formerly numbered Section 26-94; renumbered by Ord. No. 3058, eff. 2/21/87.]

The City Planning Commission shall cause each such petition to be investigated by the Planning Director and, upon receipt of their report, shall consider the merits of the petition and make such recommendation to the Council as it shall deem in the best public interest. [Formerly numbered Section 26-95; renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

No setback line which may have a significant effect on the environment shall be established pursuant to the provisions of this article until an environmental impact report is prepared, processed and considered in accordance with the provisions of Title 9, Chapter 3, Article 1 of this code, unless establishment of the setback line is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; formerly numbered Section 26-95.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

Upon receiving the petition and recommendation of the City Planning Commission, or upon its own motion, whenever the public peace, health, safety, comfort, convenience, interest or welfare may require, the Council is authorized and empowered to determine the minimum distance back from the street line for the erection of buildings or structures along any portion of any street in the City, and to order the establishment of a line to be known and designated as a setback line, between which line and the street line no buildings or structures shall be erected or constructed. [Formerly numbered Section 26-96; renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

Before ordering the establishment of any setback line, the Council shall pass a resolution of intention so to do, designating the setback line or lines proposed to be established. The resolution shall contain a notice of the day, hour and place when and where any and all persons having any objection to the establishment of the proposed line or lines may appear before the Council and present any objections which they may have to the proposed setback line or lines. The time of hearing shall not be less than fifteen (15) nor more than forty (40) days from the date of the adoption of the resolution. [Formerly numbered Section 26-97; renumbered by Ord. No. 3058, eff. 2/21/87.]

The resolution of intention shall be published once in a newspaper of general circulation, and shall be posted conspicuously upon the street in front of each block or part of block of any street where the setback line is proposed to be established. Publication and posting shall be made at least ten (10) days before the date of the hearing. [Formerly numbered Section 26-98; renumbered by Ord. No. 3058, eff. 2/21/87.]

The resolution of intention shall be mailed at least ten (10) days before the date of the hearing to the owners of property in each block or part of a block where the setback line is proposed to be established. [Formerly numbered Section 26-99; renumbered by Ord. No. 3058, eff. 2/21/87.]

At any time not later than the hour set for the hearing of objections and protests to the establishment of the proposed setback line or lines, any person having an interest in any land upon which the setback line is proposed to be established may file with the City Clerk a written protest or objection against the establishment of the setback line or lines proposed in the resolution of intention. Such protest must be in writing and delivered to the City Clerk not later than the hour set for the hearing and no other protests or objections shall be considered. All persons protesting may appear before the Council at the hearing, and be heard in support of their protests or objections. At the time set for hearing, or at any time to which the hearing may be continued, the Council shall proceed to hear and pass upon all protests or objections properly filed, and its decision shall be final and conclusive. [Formerly numbered Section 26-100; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Council shall have the power and jurisdiction to sustain any protest or objection and abandon the proceeding, or to deny any and all protests or objections and order by ordinance the establishment of the setback line or lines described in the resolution of intention, or to order the same established with such changes or modifications as the Council may deem proper. [Formerly numbered Section 26-101; renumbered by Ord. No. 3058, eff. 2/21/87.]

After the adoption of the resolution of intention, and prior to the time the ordinance establishing the setback line or lines becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback line and the street line. Any permit so issued shall be void. [Formerly numbered Section 26-102; renumbered by Ord. No. 3058, eff. 2/21/87.]

From and after the taking effect of the ordinance establishing any setback line or lines, it shall be unlawful for any person to construct any building, wall, fence, sign or other structure within the space between the street line and the setback line so established, and the Building Department shall refuse to issue a permit for any building, wall, fence, sign or other structure to be erected within such space; provided, however, that street improvements may be constructed therein if the prior approval of the Public Works Director is obtained, and if constructed in accordance with such specifications of the City as may be applicable thereto, and provided further that temporary buildings, walls, fences, signs or other temporary or easily removable structures may be constructed therein by the owner after obtaining a revocable permit from the Public Works Director subject to such terms and conditions as the Public Works Director may impose. Said permit may be revoked by the Public Works Director or by order of the Council. It shall be unlawful for any person to construct or maintain any such building, wall, fence, sign or other temporary or easily removable structure within a setback area in violation of such revocable permit or any of the terms and conditions thereof. [Formerly numbered Section 26-103; renumbered by Ord. No. 3058, eff. 2/21/87.]