Burbank Municipal Code Div. 4.1 Administrative Use Permits

It is the intent of the City of Burbank to create an Administrative Use Permit (AUP) process for those land use situations where there is a need to exercise limited discretion under certain designated types of circumstances. The purpose of an Administrative Use Permit is to allow the Community Development Director to exercise this limited discretion and control in those land use situations where the type of permitted use is generally less intrusive and out of character with the surrounding neighborhood than are those uses for which a Conditional Use Permit is required. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.20; Renumbered by Ord. No. 3058.]

The Community Development Director or their designee, as hereinafter provided, may grant an Administrative Use Permit on terms and conditions that are harmonious with the general intent and purposes of this chapter so long as it is shown that the granting of such permit will be consistent with the purposes of this chapter and the General Plan and will serve the public health, convenience, safety and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.21; Renumbered by Ord. No. 3058.]

Except as otherwise specified in this Code, in granting an Administrative Use Permit, the Director shall find that:

1. The use applied for at the location set forth in the application is properly one for which an Administrative Use Permit is authorized by this Code;

2. The use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;

3. The use will be compatible with other uses in the general area in which the use is proposed to be located;

4. The site for the proposed use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls, fences, landscaping and other features required to adjust the use to the existing or future use is permitted in the neighborhood;

5. 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; and

6. The conditions imposed are necessary to protect the public health, safety, convenience and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.22; Renumbered by Ord. No. 3058.]

Except as otherwise provided in this Code, the Director may impose the same conditions on an Administrative Use Permit as are allowed to be imposed on a full Conditional Use Permit pursuant to BMC Section 10-1-1937. Any condition imposed will be necessary to protect the public health, convenience, safety and welfare. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.23; Renumbered by Ord. No. 3058.]

Applications for an Administrative Use Permit shall be made as follows:

1. On forms prescribed by the Director;

2. Signed by the owner of the property or their duly authorized agent and sworn to by declaration or before notary public.

3. Filed with the Director;

4. Submitted with a site plan as defined in Division II of this article; and

5. Any other information and/or documentation which the Director deems necessary to their determination.

An application shall not be deemed to be filed until such time as all necessary information has been provided to the Director. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.24; Renumbered by Ord. No. 3058.]

A. DIRECTOR TO INVESTIGATE.

Upon the submission of a complete application for an Administrative Use Permit, the Director shall investigate the application and make a determination within 30 days of such submission.

B. DECISION AND NOTICE.

1. At the conclusion of the 30 day period or at any time prior thereto, the Director shall render a decision in writing to approve, approve with conditions, or disapprove the application. Except for a decision involving a large family day care home, notice of the Director’s proposed decision to approve the application, with or without conditions, shall be mailed to the applicant and to all property owners and occupants within 1000 feet of the property for which the Administrative Use Permit is being sought and to all other parties who request notice. With respect to a proposed decision involving a large family day care, the Director’s proposed decision to approve the application, with or without conditions, shall be mailed to the applicant and to all property owners and occupants within 1000 feet of the property for which the Administrative Use Permit is being sought; however, this notice shall specifically state in bold letters that any appeals are limited to individuals residing or owning property within 100 feet of the property.

Said notice shall advise all parties to whom it is mailed that unless a public hearing is requested within 15 days of the date of mailing, the decision will become final.

2. 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 decision date.

C. APPEAL.

The Director’s decision regarding an Administrative Use Permit application may be appealed pursuant to Section 10-1-1907.2. Except that in the case of an Administrative Use Permit for a large family day care home, an appeal may be filed only by the applicant or by property owners or residents within 100 feet of the parcel on which the large family day care home is proposed.

D. DECISION OF PLANNING COMMISSION.

After the public hearing on the permit, the Planning Commission shall approve the issuance of the permit if it finds that all requirements for the issuance of the permit have been met. The decision shall be mailed to the applicant and reported to the Council according to procedures established by the Director and approved by the City Manager. The decision of the Planning Commission shall be final unless appealed to the Council.

E. MINOR REVISIONS TO SITE PLAN AFTER DECISION.

The Community Development Director may approve minor revisions to a site plan after an Administrative Use Permit or Minor Modification of an existing Administrative Use Permit is granted if the revisions in no way violate the intent, standards or conditions of the permit or the zone in which the property is located. [Added by Ord. No. 3139, eff. 1/28/89; formerly numbered Section 31-255.25; amended by Ord. No. 25-4,027, eff. 7/25/25; 25-4,024; 22-3,983, 15-3,868, 13-3,844, 3701, 3587, 3457, 3058.]

A. TERMINATION.

An Administrative Use Permit shall terminate when any one or more of the following occurs:

1. The permit is not used within the time specified in the Administrative Use Permit, or if no date is specified, within 180 days from the granting of the permit;

2. The use for which the permit has been acquired has been abandoned for six (6) consecutive months or the owner of the property files a declaration with the Director that the permit has been abandoned or discontinued; or

3. The permit has expired or been revoked.

B. REVOCATION.

The Director may, after 20 days’ notice by mail to the permit holder, revoke an Administrative Use Permit (including any Minor Modifications thereto) on any one (1) or more of the following grounds:

1. The Administrative Use Permit was obtained by fraud;

2. The property subject to the Administrative Use Permit has been utilized contrary to the terms and conditions of approval, or in violation of any statute, ordinance, law or regulation not otherwise allowed pursuant to the Administrative Use Permit; or

3. The property subject to the Administrative Use Permit is being or has been exercised in a manner which is detrimental to the public health, safety and welfare or so as to constitute a nuisance.

The decision of the Director to revoke an Administrative Use Permit can be set for a public hearing and appealed pursuant to the procedures contained in Section 10-1-1959.

C. MINOR MODIFICATION.

1. Purpose: The purpose of this process to approve Minor Modifications of existing Administrative Use Permits is to establish a streamlined process for making minor changes to the project description, design, operation, or conditions of a previously approved Administrative Use Permit, without requiring a new Administrative Use Permit application. This process is intended to facilitate the continued reasonable use and operation of the approved project, as long as the minor changes remain in substantial conformance with the original approved project.

2. Substantial Conformance: For purposes of this Section, “substantial conformance” means that a requested minor modification does not alter the original findings required for approval of the underlying permit, or alter the original project description, design, operation, conditions of approval, or original environmental review determination, in a way that creates a new significant impact on the surrounding neighborhood or environment.

3. Applicability/Eligibility: An Administrative Use Permit is not eligible for a Minor Modification if at the time of the modification request, conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the requested Minor Modification seeks to address and correct those violations.

4. Procedure:

i. Application. The application for a Minor Modification of an existing Administrative Use Permit must be made in the same manner outlined in Section 10-1-1958.

ii. Authority. The Director may approve a Minor Modification of an existing Administrative Use Permit upon making the findings listed below in Subsection C.5. Such approval may be subject to additional conditions of approval as may be deemed appropriate, as outlined in Section 10-1-1957.

iii. Determination, Public Notice, and Appeal. Upon receipt of an application for a Minor Modification of an existing Administrative Use Permit, the Director will investigate, provide public notice and issue a determination in the same manner as outlined in Section 10-1-1959. The Director’s decision on a Minor Modification request may be appealed in the same manner as outlined in Section 10-1-1959 (C) through (D).

5. Required Findings: Prior to approving a Minor Modification of an existing Administrative Use Permit, the Director must find that:

i. The proposed minor modification request does not alter the findings of the approved Administrative Use Permit as specified in Sections 10-1-1955 and 10-1-1956, and that such findings can still be affirmatively made.

ii. The proposed minor modification does not involve a feature of the project inclusive of the environmental determination and any mitigation measure that was specifically addressed in or was a basis for findings in a categorical or statutory exemption, Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) prepared under the California Environmental Quality Act for the project.

iii. The proposed minor modification does not involve a feature of the project that was specifically addressed in or was a basis for conditions of approval for the original Administrative Use Permit (or any subsequent amendments or modifications), unless that feature no longer exists, or the Director otherwise determines the project is still operated in substantial conformance with the original findings for the Administrative Use Permit. [Added by Ord. No. 3139, eff. 1/28/89; Formerly numbered Section 31-255.26; Renumbered by Ord. No. 3058; amended by Ord. No. 25-4,027, eff. 7/25/25.]