BACKGROUND:

On May 13, 2003 the City Council adopted Ordinance 3622 (Zone Text Amendment 2001-11) which, among other things, amended Burbank Municipal Code �31-625.3 to delete the previous requirement for a Conditional Use Permit (CUP) in order to permit a second dwelling unit (granny flat) in the R-1 zone.  Ordinance No. 3622 was officially published on Wednesday May 28, 2003, therefore under Section 8 of the Burbank City Charter (Exhibit A) becomes effective on June 28, 2003.

At the City Council meeting on June 24, 2003, the staff introduced, and the Council conducted a public hearing on a second proposed amendment to the second dwelling unit regulations which establishes new procedures for accepting, processing, issuing public notice and addressing appeals of applications for second dwelling units in the Single Family Zones.  Previously, applications for second dwelling units were accepted, processed, noticed and appealed in accordance with the procedures for CUPs (BMC �31-1934 - �31-1960).  However, CUPs are considered discretionary permits, and not allowed for processing of second dwelling unit applications after July 1, 2003 under Assembly Bill 1866.  The proposed new procedures provide for ministerial processing of such applications.  The draft ordinance and staff report are attached to this memorandum as Exhibit B.

ANALYSIS:

Under ordinary City Charter Section 8 procedures, this second amendment would be published no later than the fifth day following its adoption by the City Council, and become effective on the 31^st day following publication.  This means the new procedures might not be in effect until as late as August 6, 2003.  This would result in a period from June 28^th to August 6^th, during which there would be no requirement for a CUP for a second dwelling unit, but during which there would technically be no other established procedure for processing second dwelling unit applications either.  This would likely lead to confusion and uncertainty regarding how to handle applications received during this period.

Therefore, the staff is recommending the Council adopt the proposed Zone Text Amendment as an urgency ordinance in the manner provided for such by Section 8 of the Charter.  This means the new second dwelling unit application and processing procedures will go into effect immediately upon adoption of the ordinance.  An urgency measure requires a four-fifths (4/5) affirmative vote of the City Council.

FISCAL IMPACT:

Adopting the proposed Ordinance as an urgency measure as opposed to via the regular adoption procedures will not in itself have any fiscal impact.  The fiscal impacts of the proposed procedures are discussed in the June 24 staff report.  If the proposed ordinance is not adopted as an urgency measure, the possibility exists that unnecessary staff time and resources will need to be diverted to handling applications received during this period.

RECOMMENDATION:

Staff recommends the City Council adopt the Ordinance entitled �An urgency Ordinance of the Council of the City of Burbank Adding Section 31-625.11 of the Burbank Municipal Code Pertaining to the Application Procedure and a Notice and Appeal Procedure for Second Dwelling Units� as an urgency measure.

LIST OF EXHIBITS

Exhibit A:         Charter of the City of Burbank: Section 8 �Ordinances�

Exhibit B:         Staff Report to Burbank City Council dated June, 24 2003 regarding Zone Text Amendment 2001-11:

                          Amendments to the Procedures for Accepting, Processing, Public Noticing and Appeal of Second Dwelling

                          Units.

go to the top