Burbank Municipal Code Div. 5 Zone Map Amendment

Amendments to the Zone Map may be initiated by the Council or Planning Commission. A property owner may apply for a zone change on the property owned by such property owner by submitting an application to the City Planner on such form as the City Planner may prescribe. Each applicant for a Zone Map Amendment shall pay such fees as are set forth in the Burbank Fee Resolution.

The City Planner shall set all applications for, and initiations of, Zone Map Amendments for hearing before the Planning Commission. [Formerly numbered Section 31-256; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22; 2961, 2930.]

Upon the initiation by the Council of an amendment to the Zone Map to place property in an R-1, R-2, or R-3 residential zone, and such proposed zoning is more restrictive than the existing zoning, no permit shall be issued by the Building Official for the erection, construction, alteration, or change of any building, structure, or improvement within such territory which would not conform to the requirements for the proposed zone, and any permit issued in violation of this section shall be void. [Added by Ord. No. 2985; Formerly numbered Section 31-256.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

Each proposed Zone Map Amendment shall be given two public hearings, one by the Planning Commission and another by the Council. The public hearing by the Planning Commission shall precede the hearing by the Council. [Formerly numbered Section 31-257; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

The City Planner shall give notice of public hearings held by the Planning Commission. Notice of the hearing shall contain the date, time and place of the hearing and a general description of the property proposed to be zoned or rezoned and shall be:

1. Published once in a newspaper of general circulation in the City at least twenty (20) days before the date of the hearing, or other time period as may be required by applicable law.

2. Notice shall be mailed, postage prepaid, at least twenty (20) days before the date of the hearing, or other time period as may be required by applicable law, to owners of property to be rezoned and to the owners of property within a radius of 1000 feet of the exterior boundaries of the property to be rezoned.

3. If the number of owners to whom notice would be mailed or delivered as required by this section is greater than 1,000, then the City may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation within the City not later than twenty (20) days before the date of the hearing, or other time period as may be required by applicable law, in lieu of Subsections (1) and (2) above. [Formerly numbered Section 31-259; Renumbered by Ord. No. 3058; amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983, 13-3,844, 3199, 3020, 2941, 2930.]

The City Planner shall investigate and advise the Planning Commission on all proposed Zone Map Amendments.

When the proposed amendment affects ten (10) or more acres, the City Planner’s report shall include recommendations and the basis for such recommendations. [Formerly numbered Section 31-260; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2941, 2930, 2333.]

No Zone Map Amendment shall be adopted, nor shall a Variance or Conditional Use Permit be granted in lieu thereof, pursuant to the provisions of this division which may have a significant effect on the environment until an environmental impact report is prepared, processed and considered in accordance with the provisions of Article 1, Title 9 Chapter 3 of this Code, unless the Zone Map Amendment or the Variance or Conditional Use Permit in lieu thereof, is otherwise exempt from the provisions of that article. [Added by Ord. No. 2383; Formerly numbered Section 31-260.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

The Planning Commission within 30 days after the conclusion of the hearing shall render its decision recommending either approval, approval with conditions, or disapproval of the proposed Zone Map Amendment by resolution containing reasons supporting the recommendation. The Planning Commission’s recommendation may reduce but shall not enlarge the area of the proposed Zone Map Amendment. The City Planner shall notify the applicant of the Planning Commission’s decision and shall forward the Planning Commission’s recommendation to the City Clerk. [Formerly numbered Section 31-261; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 3701, 2941, 2930, 2376.]

If the notice of proposed Zone Map Amendment contains a statement that more restrictive zoning, or a particular Variance or Conditional Use Permit, may be considered in lieu of the proposed Zone Map Amendment, the Planning Commission may:

1. Recommend approval of the more restrictive zoning if the provisions of this division have been followed as to a Zone Map Amendment;

2. Grant the Variance if the provisions of Division 3 of this article have been followed as to the granting of a Variance; or

3. Grant or recommend the Conditional Use Permit if the provisions of Division 4 of this article have been followed as to the granting of a Conditional Use Permit. [Formerly numbered Section 31-262; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]

Following issuance of the Planning Commission’s recommendation per Section 10-1-1967, the City Clerk shall promptly fix the date for a public hearing by the Council and shall give notice of the hearing as prescribed in Section 10-1-1964 of this article, except such notices shall be published, mailed, or displayed (as applicable) at least ten (10) business days before the date of the hearing. [Formerly numbered Section 31-263; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983, 3701.]

[Deleted by Ord. No. 3701, eff. 9/16/06.]

The Council shall, within 30 days after the conclusion of its public hearing, either:

1. Approve the Zone Map Amendment as proposed, or for a lesser area than proposed, or approve one of the alternatives set forth in Section 10-1-1968 if notice of the hearing before the Planning Commission and Council contained a statement that such alternative may be considered in lieu of the proposed amendment.

As part of such approval the Council may impose such conditions as it deems necessary to protect the public health, safety or welfare, and may require the property owner, prior to adoption of an ordinance effecting the zone change, to perform such conditions, or if some or all of the conditions are of a continuing nature, to execute and record an agreement binding on themselves and their successors and assigns, in a form satisfactory to the City Attorney, to abide by such conditions.

2. Disapprove the proposed Zone Map Amendment; or

3. Refer the proposed Zone Map Amendment to the Planning Commission for further study or hearing. [Formerly numbered Section 31-266; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2376.]

If an application for a Zone Map Amendment has been denied, it shall not be renewed for one (1) year from the date of denial unless permission to refile is approved:

1. By a majority of the members of the Planning Commission where there has been no appeal to the Council.

2. In all other cases, by a majority of the members of the Planning Commission and a majority of the members of the Council. [Formerly numbered Section 31-267; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22.]