PURPOSE

The purpose of this report is to provide Council with information and recommendations concerning an ordinance to amend the Burbank Zone Text, in addition to a resolution to amend the Burbank Fee Resolution, in order to allow the operation of commercial music lessons from residences.

BACKGROUND

The current Burbank Home Occupation Ordinance, Section 31, Division 11, of the Burbank Municipal Code, was amended in 1998 to reflect Council�s desire to change the manner in which home occupations were to be regulated.  In 1997 Council formed a citizen action committee, known as the Home Occupation Task Force.  The purpose of the task force was to study the existing Home Occupation Ordinance and provide recommendations for amendments to this section of the code.

One of the task force recommendations was not to allow any commercial lessons, including commercial music lessons, to be conducted from a residence.  The reasons for not allowing commercial lessons to be conducted from residences was the concern about potential noise, extra vehicular and pedestrian traffic, and the loitering caused by students while waiting for lessons to begin, or waiting to be picked up after lessons had been conducted.  Council adopted this recommendation as an element of the current Home Occupation Ordinance which staff has been actively enforcing.

In May, 2005 Council requested staff to revisit the restrictions which prohibited commercial music lessons from being conducted from a residence.  Staff returned to Council on July 12, 2005 which resulted in Council�s unanimous direction for staff to present, for the Planning Board�s consideration, a draft ordinance which amends the Burbank Municipal Code to allow commercial music lessons to be conducted from residences.  The draft ordinance which was reviewed by Council contained basic regulatory guidelines in the form of restrictions, standards, and conditions.  A copy of the July 12, 2005 Council staff report, which amongst other pertinent information contains a survey of how other cities treat this matter, is attached as Exhibit A.

On November 28, 2005 the Planning Board reviewed Project #2005-150, which was the draft ordinance Council forwarded to them.  After deliberations, the Planning Board voted 4-0 to approve this draft ordinance.  However, the Planning Board recommended some minor modifications to the ordinance which are detailed further in this report.  Attached as Exhibit B are the minutes from the November 28, 2005 Planning Board meeting.

ANALYSIS

Both Council and the Planning Board have deliberated on this matter.  These combined deliberations have resulted in the following restrictions, standards, and conditions being the basis for a Zone Tex Amendment allowing for the conduct of commercial music lessons from the residence.  The comments which are in italics are the amendments recommended by the Planning Board.

1. Applicants must obtain an Administrative Use Permit (AUP) pursuant to Division 4.1 of Article 19 of Chapter 31 of the Burbank Municipal Code, except that notice of the decision shall be mailed to all property owners and occupants within one hundred and fifty (150) feet radius of the property.   This accommodates the Planning Board�s request to lower the AUP fees by mailing notices only to abutting neighbors.  Attached as Exhibit C is a radius map which demonstrates how this would be accomplished.

2. Applicants for an Administrative Use Permit (AUP) to teach music lessons to minors, students under eighteen (18) years of age, are required to submit fingerprints in order to obtain any criminal history of the applicant.

3. Music lessons shall be conducted between the hours of 9:00 am and 8:00 pm. (The previous hours of operations Council considered were from 9:00 am to 7:00 pm.  The Planning Board felt one more hour of operation into the evening would have minimal potential for impacting neighbors)

4. Music lessons shall be limited to a maximum of five (5) days per week. (This means any five (5) days within a calendar week, Monday through Sunday, either consecutive days or not)

5. Music lessons shall be limited to a maximum of ten (10) students per day.

6. Music lessons shall be conducted as one-on-one lessons, with one teacher and one student per lesson.  There shall be no group lessons, recitals or concerts conducted on the premises of the home occupation.

7. No person shall conduct music lessons in such manner that a reasonable person of normal sensitiveness residing in the area where the music lessons are being conducted is caused discomfort or annoyance either by noise or sound or vibration from such music lessons.

8. There must be designated on the premises a location for the queuing of students before and after lessons to prevent the uncontrolled loitering of students in the residential area.  Such location shall be shown on the submitted site plan (the site plan will accompany the AUP application).

9. There must be on premises parking for persons coming to or leaving music lessons.  On premises parking must be provided for at least one vehicle in addition to the required parking for the residence itself and must be shown on the submitted site plan (which accompanies the AUP application).  Such parking area may be located in a driveway in a single family residential zone.  Guest parking may be used to satisfy this requirement in a multiple family residential zone.  When music lessons are being conducted, the designated parking area must be left open and available for student parking.

10. Music lessons are not subject to the pedestrian and vehicle traffic restrictions of Subsection (i).  (This is the subsection of the current Home Occupation Ordinance which prohibits extra pedestrian or vehicular traffic).

11. The applicant is responsible for all costs associated with the permitting process, including any applicable background investigation fees, as established by the Burbank Fee Resolution.  The Planning Board recommended the lowest AUP fee possible be charged.  There is a recommendation that the Burbank Fee Resolution be amended to include an AUP fee of $350 (the lowest AUP fee) for the operation of music lessons from a residence.

CONCLUSION

This matter has previously been deliberated by both the City Council and the Planning Board.  Both bodies have preliminarily determined that through the implementation of certain restrictions, standards, and conditions, that the conduct of this commercial activity from the residence will not be detrimental to residential neighborhoods.  In addition to these restrictions, standards, and conditions, both Council and the Planning Board determined that the AUP process will provide sufficient control over this commercial activity.  As such, if continued violations occur revocation of the AUP would be the ultimate and the strongest tool to correct repeated violations.

Fiscal Impacts:  Initial costs for an applicant to conduct music lessons from the residence total approximately $496.  The recommended AUP fee is $350, which is the lowest AUP fee available.  Since the recommended public notification distance for the AUP is 150 feet, which only includes adjacent neighbors, the notification costs are negligible.  Background investigation fees are approximately $60, and the annual business tax for home occupations is approximately $77.  Therefore, initial total costs associated with conducting music lessons from a residence would be approximately $496.  However, once the business is established, future associated city fees would only be the annual business tax, which this year is $76.70.

RECOMMENDATIONS  

Staff recommends that Council approve AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 31 OF THE BURBANK MUNICIPAL CODE RELATING TO HOME OCCUPATIONS AND MUSIC LESSONS.  In addition, staff further recommends Council approve A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE III OF RESOLUTION NO. 23-6,994, THE BURBANK FEE RESOLUTION RELATING TO LAND USE AND ZONING.

EXHIBITS

A              Council Staff Report, dated July 12, 2005

B               Planning Board Meeting Minutes, dated November 28, 2005

C               Radius map for mailing purposes for an AUP