Burbank Municipal Code Div. 2 Development Review

Development Review is intended to preserve stability of existing residential neighborhoods, provide suitable living environments, promote quality of design in commercial and industrial development as well as multi-family residential development, promote orderly, attractive and harmonious development, facilitate a balance of housing types and values, prevent deterioration of local air quality, and to ensure that traffic demands do not exceed the capacity of streets. Through the combined resources of public input, environmental impact analysis, and municipal code enforcement, Development Review is also intended to coordinate growth and to control the erection of structures so that compatibility is maintained between new development and existing residential neighborhoods, and so that the performance standards of this chapter are maintained and implemented.

Furthermore, Development Review is intended to expedite and streamline the building permit process. By gathering information at the earliest possible stage and exchanging that information between the property owner/developer and the City staff, the performance standards of this chapter can be maintained and implemented at the earliest stages of the development process. The Process is divided up into four (4) procedures: 1) for Projects which are of statewide, regional, or area-wide significance; 2) for projects in multiple family residential zones; 3) for non-residential projects within 150 feet of single family zoned property; and 4) for all other Projects, except as provided by section 10-1-1909.E. and Article 19, Division 12, commencing with Section 19300 et seq., all Projects in the fourth category are processed through a ministerial Development Review process. [Added by Ord. No. 3190; Formerly numbered Section 31-216; Amended by Ord. No. 22-3,964, eff. 2/4/22; 3702, 3701, 3676, 3633, 3485, 3307, 3058.]

A. PROJECTS OF STATEWIDE, REGIONAL, OR AREA WIDE SIGNIFICANCE.

Projects meeting the criteria in California Environmental Quality Act (“CEQA”) Guidelines Section 15206, and as amended from time to time, shall be deemed to be of statewide, regional, or areawide significance, and shall be processed in accordance with this division. In addition to the following requirements, the Project shall undergo environment assessment pursuant to CEQA because such Projects may significantly impact the environment. Pursuant to this process, additional conditions required to mitigate adverse environmental effects may be imposed.

B. MULTIPLE FAMILY RESIDENTIAL PROJECTS AND CERTAIN NON-RESIDENTIAL PROJECTS.

Each application for Development Review for:

1. Any multiple family project (in accordance with Section 10-1-631);

2. A non-residential project within 150 feet of property zoned R-1, R-1-H; shall be deemed a “project” pursuant to the CEQA and shall be subject to a review of its potential impact on the environment as set forth in Title 9 Chapter 3 of this Code and by this Section. Prior to any decision regarding project approval, a determination of the project’s status under CEQA shall be made in accordance with the provisions of CEQA. If it is determined that the project is not exempt from CEQA, an Initial Study shall be prepared to evaluate the significance of potential impacts and to identify appropriate mitigation measures. All subsequent determinations and processes shall be made and followed in conformity with the provisions of CEQA. Prior to approving the Development Review application, all notice procedures for environmental decisions shall be followed in accordance with Title 9 Chapter 3 of this Code. The Director shall approve any Negative Declaration or certify any Environmental Impact Report prior to approval of such Development Review application. [Amended by Ord. No. 25-4,024, eff. 4/11/25; 3810, 3702, 3701, 3676, 3633, 3485, 3307.]

Applications for Development Review shall be processed as provided in this section.

A. PREAPPLICATION CONFERENCES.

Prior to filing an application for Development Review, the applicant may meet with the Director or their designee to discuss possible development design and dedication requirements, applicable processing procedures, and other information the Director may require. In order to determine the information needed for application submittal, the Director may share the preapplication information with other City departments.

B. APPLICATION SUBMITTAL.

Applicant shall submit an application for Development Review, including the application fee in an amount designated by the Burbank Fee Resolution and as amended from time to time, and all other information required by the Director or designee.

C. COMPLETION AND ACCEPTANCE OF PLANS FOR PROCESSING.

Not later than 30 calendar days after application submittal, the Director or designee shall determine whether such application is complete and accepted for processing. In the event the application is determined not to be complete, the Director/designee shall transmit such determination in writing to the applicant. The determination shall specify those parts of the application which are incomplete and shall indicate the manner in which such application may be made complete. After the Director accepts an application as complete, the Director shall not subsequently require a developer to furnish any new or additional information which was not required as a part of the application; provided that nothing shall limit the Director from requesting additional information from the applicant to complete the project’s environmental review pursuant to CEQA. The Director may, in the course of processing the application, require the developer to clarify, amplify, correct, or otherwise supplement the information required for the application. In the event the Director’s decision to approve or deny a Development Review application is appealed to the Planning Commission, the Director may require the applicant to provide revised project plans prior to the Planning Commission hearing that demonstrate compliance with Code and/or conditions of approval imposed by the Director. Conditions of approval may require additional information to be submitted in conjunction with future applications for project construction.

D. DEVELOPMENT REVIEW PROCEDURES.

The Director shall prepare, and regularly maintain procedures to implement this division and assist the public understanding of the Development Review process, and to assist applicant preparation of adequate plans for submittal. These procedures may provide for alternative processing requirements for minor projects that the Director or designee finds conform to the requirements of the Code and which are consistent with adopted plans and policies of the City.

E. STREAMLINED MINISTERIAL APPROVAL PROCESS.

Development projects submitted pursuant to California Government Code Sections 65913.4 and 65912.100, as may be amended from time to time, and projects that otherwise require streamlined ministerial review, shall be processed through a streamlined ministerial approval process as outlined in Article 19, Division 12, entitled STREAMLINED MINISTERIAL APPROVAL PROCESS, commencing with Section 19300, et. seq. [Added by Ord. No. 3190; formerly numbered Section 31-217; amended by Ord. No. 25-4,024, eff. 4/11/25; 23-3,995, 23-3,993; 22-3,983; 22-3,694, 3810, 3702, 3701, 3587, 3485, 3307, 3058.] [City of Burbank v. Burbank-Glendale-Pasadena Airport Authority (1999) 72 Cal. App. 4th 366, 375, 85 Cal.Rptr.2d 28]

A. PURPOSE AND INTENT.

This Section requires the Director to host a community meeting prior to making a decision regarding a Development Review application. The purpose and intent of the community meeting is to provide information to the public about a proposed project and to receive comments from persons who would potentially be affected by the project. Because Development Review applications are acted upon by the Director without a public hearing, the community meeting provides an opportunity for the public to become involved in the project review process and to share concerns directly with the Director prior to action being taken on a Development Review application.

B. MEETING PROCESS.

1. Prior to making a decision on a Development Review application, the Director must hold a community meeting. The meeting must be open to the general public and conducted at a time and location that is convenient for public attendance. The Director may create rules, regulations, and procedures to govern meeting activities and conduct.

2. The project applicant and/or their representative must attend the community meeting. The applicant’s role in the meeting is to present the proposed project to the members of the public at the meeting, to answer questions about the project, and to listen to the comments and concerns from the public with the intent of working with the Director to address those concerns when necessary and appropriate.

3. The Director may not make a decision regarding the application, or any conditions to be placed upon a conditional approval, at the meeting. The meeting is not a public hearing and is not subject to the requirements of the Brown Act.

4. In the event a Development Review application is being processed in conjunction with another application that requires a Planning Commission or City Council hearing pursuant to Section 10-1-1909.2(c), the community meeting must be held prior to the public hearing.

C. NOTICE OF MEETING.

Notice of the community meeting must be mailed to the same individuals receiving mailed notice of the Director’s decision pursuant to Section 10-1-1909.2(B). The public notice for the community meeting and the notice of Director’s decision may be combined into a single mailed notice. The meeting notice must be mailed no less than ten (10) business days prior to the community meeting. [Added by Ord. No. 3702, eff. 9/16/06; Amended by Ord. No. 22-3,983, eff. 12/16/22; 13-3,844, 3701.]

A. DIRECTOR APPROVAL.

Within a reasonable time after the Development Review application has been accepted as complete, the community meeting required by Section 10-1-1909.1 has occurred, any appropriate environmental assessment has been completed, and after Public Notice of the Development Review application has been provided as required by this section, the Director shall approve, conditionally approve, or disapprove the application. The Developer shall be notified of the Decision of the Director and shall be provided with a copy of the Director’s approval showing any deficiency or conditions. The notice may be given by first class mail, postage prepaid or by any such other means as the Director may deem appropriate. Unless appealed, the decision of the Director shall be final.

B. PUBLIC NOTICE.

Prior to the Director’s decision on a Development Review application, Public Notice of the proposed project, the Director’s pending decision on the application, and appeal information shall be mailed to surrounding property owners and occupants within 1000 feet of the project site. Such notice shall be mailed no less than ten (10) business days prior to the scheduled Director’s decision date. Additionally, one four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than ten (10) business days prior to the scheduled Director’s decision date. If circumstances require, the Director’s decision may occur on a date later than the date provided in the public notice. The decision may not occur on a date earlier than the date provided in the public notice. At the discretion of the Community Development Director, the applicant may be exempt from the on-site sign requirement if the Director determines either that a sign cannot adequately be placed on-site or that the applicant is a charitable non-profit organization.

C. ALTERNATIVE DECISION PROCESS.

In the event a Development Review application is being processed in conjunction with another application that requires a decision by the Planning Commission or City Council, the Development Review application must be processed in conjunction with the other application and acted upon by the Planning Commission or City Council, as the case may be, concurrent with the other application. In such cases, the Director does not act upon the application. [Added by Ord. No. 3702, eff. 9/16/06; Amended by Ord. No. 22-3,983, eff. 12/16/22; 13-3,844, 3701.]

The Director’s decision regarding a discretionary Development Review application or the Director’s decision to disapprove a ministerial Development Review application may be appealed pursuant to Section 10-1-1907.2. [Added by Ord. No. 3190; Formerly numbered Section 31-218; Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983, 13-3,844, 3702, 3701, 3587, 3307, 3264, 3058.]

A. RIGHT OF APPEAL.

When initially considered in conjunction with another discretionary permit, the Planning Commission’s decision regarding a Development Review application may be appealed pursuant to Section 10-1-1907.3. [Added by Ord. No. 3190; Formerly numbered Section 31-219; Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983, 13-3,844, 3702, 3701, 3307, 3264, 3058.]

A. All projects. Except for those Development Review applications which require additional findings as set forth herein, a Development Review application shall be approved if the Director or if appealed, the Planning Commission, finds that the application/project is consistent with all provisions of this Code. Any application not meeting code may be approved with conditions that assure code compliance.

B. Multiple Family Projects. Development Review applications for all projects in Multiple Family Residential Zones are also subject to the Neighborhood Character and Compatibility requirements in Section 10-1-631. That section is incorporated herein by this reference.

C. Non-residential projects within 150 feet of single family zoned property. Development Review applications for non-residential projects within 150 feet of single family zoned property shall be approved if the Director, or if appealed, the Planning Commission finds:

1. All provisions of the Code will be satisfied.

2. The environmental document prepared for this project was considered prior to project approval and found to satisfy the requirements of CEQA.

3. The project, as conditioned, will not have a significant adverse effect on the environment; or, that any remaining significant effects are acceptable due to overriding considerations as provided by CEQA.

4. The following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and surrounding property is protected from adverse effect:

a. Facilities and improvements.

b. Vehicular ingress, egress and internal circulation.

c. Setbacks.

d. Height of buildings.

e. Location of services.

f. Walls.

g. Landscaping.

h. Lighting.

i. Signs.

D. Regionally Significant Projects. Projects/applications which meet the criteria identified in Section 10-1-1908.5, shall comply with additional conditions required to mitigate adverse environmental effects.

E. Conditions. For Development Review applications subject to Subsections (B),(C), and (D), if the Director finds that minor revisions to a project are needed to satisfy the requirements, the Director may approve the application subject to conditions of approval. If the Director finds that an application does not meet the requirements or that major revisions to a project are needed to satisfy the requirements, the Director may disapprove the application. Any conditions imposed must be deemed to be appropriate or necessary to assure compliance with the requirements of Subsections (B), (C), and (D); the intent and purpose of the Burbank Municipal Code; or to protect the public health, safety or welfare.

The owners of the land may be required to execute a covenant running with the land, in a form approved by the City Attorney, which shall contain the conditions imposed and shall be recorded in the Office of the County Recorder. The Director shall issue releases from such covenants when such covenants are no longer applicable to a property. [Added by Ord. No. 3190; Formerly numbered Section 31-1913; Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983, 3702, 3701, 3676, 3633, 3485, 3307, 3264, 3058.]

Development Review approval shall terminate within one (1) year of the date of approval unless:

1. An application for building permit is filed prior to the termination date, and

2. The building permit application or approved building permit does not expire. If such approval is appealed or a moratorium is imposed, time spent during the appeal or moratorium process shall not be counted toward this termination or toward applicable time limits for the review and processing of development permits. [Added by Ord. No. 3190; Formerly numbered Section 31-1914; Amended by Ord. No. 3701; eff. 9/16/06; 3702, 3485, 3307, 3058.]

Approval of a Development Review application shall be required prior to the issuance of any building, grading, or demolition permit for any project in any zone unless the project is specifically exempted by this Section or other provisions of this Chapter. The following classes of projects are exempt from Development Review:

1. Single family residential construction projects in a single family residential zone;

2. Interior remodeling of an existing structure provided, such remodeling does not include a change in use;

3. Additions to or new construction of a single family home including accessory structures thereto on a multiple family zoned lot used for single family residential purposes;

4. Additions to or detached accessory structures to any existing non-residential structure which do not exceed 1,000 square feet in gross floor area;

5. Additions to or detached accessory structures to any existing multiple family residential structure that do not 1) exceed 500 square feet in gross floor area, 2) add any dwelling units to an existing project, or 3) add any bedrooms to an existing unit so as to require one (1) or more additional parking spaces;

6. Minor revisions to a project as determined by the Director which previously received Development Review Approval and where such approval has not expired;

7. Demolition of buildings when determined by the Director or designee to be beneficial to the public health, safety or general welfare; or, when such demolition is not done in preparation for a building permit subject to Development Review; and

8. Minor projects which the Director determines to be highly consistent with adopted plans of the City and in compliance with the Code. [Added by Ord. No. 3190; Formerly numbered Section 31-1914; Amended by Ord. No. 3701, eff. 9/16/06; 3702, 3485, 3307, 3058.]

In the event a project applicant is denied a building permit for a project which is otherwise exempt from the provisions of Development Review, and the denial of the permit is based on zoning code violations which an applicant feels do not apply to its project due to its legal nonconforming use status or otherwise, an applicant may appeal that decision to the City Planner. The applicant shall request a meeting before the City Planner or its designee for a final determination on the applicability of that zoning provision on the project. The meeting will be held no later than 15 days after a formal request for a meeting pursuant to this section is requested in writing with the City Planner. The City Planner shall make a determination within ten (10) days of the meeting. The determination shall be final. No applicant may file a relevant court case until the City Planner determination has been issued. [Originally deleted by Ord. No. 3307, eff. 9/25/92; Added by Ord. No. 3676, eff. 8/16/05; Amended by Ord. No. 3701, eff. 9/16/06; 3702.]