Burbank Municipal Code Div. 1.5 Appeals

This Division provides procedures for appeals of decisions on project applications for all land use entitlements and permits processed pursuant to the provisions of this Article. This includes applications for entitlements and permits that are established in other Articles of this Chapter, but which refer to this Article for processing procedures. Any hearing before the Planning Commission and/or the City Council shall be conducted as a de novo hearing. In the event a zoning application sets forth a specific procedure which differs from this Division, the specific procedure shall apply. [Added by Ord. No. 3701, eff. 9/16/06. Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983.]

A. DECISION PROCEDURE.

1. Unless otherwise provided, a decision that requires the Director to approve, conditionally approve, or deny a project application or element thereof may be appealed to the Planning Commission as provided in this section. A Director’s decision is not final unless and until the specified appeal period passes and no appeal is filed, or all appeals are withdrawn per Subsection (E).

2. If an appeal of a Director’s decision is timely filed, the Planning Commission must hold a de novo hearing to consider and act on the project application and appeal pursuant to the procedures established for each application type. The Planning Commission’s decision will be final and will not be subject to any further appeal.

3. Upon the timely filing of an appeal, the Director will set the appeal for hearing before the Planning Commission within a reasonable time after the date of filing the appeal. Unless otherwise provided in this Code, notice of the time and place of the hearing, including a general description of the location of the property involved, shall be given at least ten (10) business days before the hearing by mailing, through the United States mail, to the project applicant and to each person designated in any appeal to receive such notice, every person filing with the Director a written request for a notice with respect to the project application, and to all property owners and occupants within 1000 feet of the property unless a different distancing radius applies to the original project approval or the appeal. Additionally, one four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property no less than ten (10) business days prior to the hearing. Notwithstanding the foregoing, if different noticing requirements apply to an appeal as stated elsewhere in this Code, those noticing provisions will supersede the noticing requirements in this subsection.

B. PERSONS WHO MAY APPEAL.

1. Any person, including the project applicant, may appeal a decision by the Director to approve, conditionally approve, or deny a project application or element thereof.

2. If a Planning Commission member files an appeal, the Planning Commission member may not participate as a decision maker in the Planning Commission public hearing.

3. Although individual Planning Commission and City Council members may file appeals as individuals, the Planning Commission and City Council are not authorized as bodies to appeal or otherwise request to review a Director’s decision.

C. TIME AND MANNER OF APPEAL.

1. Unless otherwise provided, an appeal of the Director’s decision must be submitted by 5:00 p.m. on the 15th day following the date that the Director’s decision is issued. If the 15th day following the Director’s decision date occurs on a day when City offices are closed, the appeal must be submitted by 5:00 p.m. on the next day that City offices are open.

2. An appeal must be submitted in person to the office of the Planning Division on a form provided by the City Planner, and must include the legal basis for the appeal. Mailed, emailed or faxed appeal forms will not be accepted.

3. The form must be accompanied by the appeal fee specified in the City of Burbank Fee Resolution, as may be amended from time to time, except that Planning Commission and City Council members are not required to pay the appeal fee.

D. MULTIPLE APPEALS.

1. No one should forego filing an appeal in reliance on another individual’s appeal. Anyone who objects to a Director’s decision, or any conditions placed upon a conditional approval, should file an appeal to ensure that its concerns are heard in the event that other appeals are withdrawn per Subsection (E).

2. Multiple individuals may collectively act as one appellant, and submit a single appeal form with a single set of reasons for appeal. In such case, payment of only one (1) appeal fee is required, and the appellants may divide the cost of the fee among themselves at their discretion.

3. Alternatively, multiple individuals may act as individual appellants, and each file its own individual appeal form. In such case, payment of the full appeal fee is required for each individual form submitted.

4. All appeals filed, whether on one (1) appeal form or multiple forms, must be considered together at a single hearing and acted upon by the Planning Commission at the same time.

E. WITHDRAWAL OF APPEAL.

1. Any person who has filed an appeal may withdraw the appeal as a matter of right, until the City Planner has scheduled the Planning Commission hearing. In such case, an appeal may not be withdrawn on or after the 20th day prior to the scheduled Planning Commission hearing.

2. A request to withdraw an appeal must be submitted in person to the office of the Planning Division in writing and signed by the appellant. Mailed, emailed or faxed requests for withdrawal will not be accepted.

3. If multiple individuals collectively submitted a single appeal form, all individuals signing the appeal form must sign and submit a written request to withdraw the appeal within the time specified in Subsection (1) for the appeal to be considered withdrawn.

4. If all appeals are withdrawn and no subsequent appeals are filed within the times specified in Subsections (C) and (F), then the application will be removed from the Planning Commission scheduled agenda, and the Planning Commission will not consider or act upon the application. The Director’s decision thereafter becomes final and may not be further appealed.

F. SECONDARY APPEAL PERIOD.

1. Upon the withdrawal of an appeal (and only if no other appeals remain outstanding), a secondary ten (10)-day appeal period shall automatically commence to provide an additional opportunity to appeal (the “Secondary Appeal Period”).

2. The first day of the Secondary Appeal Period is the latter of the following: 1) first day after the appeal was withdrawn, whether or not that day is a business day, or 2) the first day after the expiration of the initial 15-day appeal period provided in Subsection (C), whether or not that day is a business day. The latter date only applies to those appeals which are withdrawn during the initial appeal time period.

3. Appeals submitted during the Secondary Appeal Period must be submitted in accordance with this Section, including but not limited to the 5:00 p.m. deadline for the filing of any appeal. If the last day of the Secondary Appeal Period occurs on a day City offices are closed, then the last day for filing shall be extended to 5:00 p.m. on the next day that the City offices are open.

4. Appeals submitted during this Secondary Appeal Period may be withdrawn in accordance with Subsection (E); however, only one (1) Secondary Appeal Process is allowed on any application. Withdrawal of an appeal made during the Secondary Appeal Period will not lead to any additional appeal periods.

5. Notice of the Secondary Appeal Period will be provided to any person who requests in writing such notice. A request shall be made to the City Planner on any individual application at any time; however, only those individuals on record at the time of a withdrawal that triggers a Secondary Appeal Period shall receive notice. Notice may be provided in the manner specifically requested (telephone or electronic mail), and must also be posted at the City Planning Division counter. Additional notice may be provided through any other additional means deemed appropriate by the Director. [Added by Ord. No. 3701, eff. 9/16/06. Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983.]

A. DECISION PROCEDURE.

1. A decision that requires the Planning Commission to approve, conditionally approve, or deny a project application or element thereof, except when such decision is in response to an appeal of a Director decision, may be appealed to the City Council as provided in this section. A Planning Commission decision is not final unless and until the specified appeal period passes and no appeal is filed, or all appeals are withdrawn per Subsection (E).

2. If an appeal of a Planning Commission decision is timely filed, the City Council must hold a de novo hearing to consider and act on the project application and appeal pursuant to the procedures established for each application type. The City Council’s decision will be final and will not be subject to any further appeal.

3. Upon the timely filing of an appeal, the City Clerk will set the appeal for hearing before the City Council within a reasonable time after the date of filing the appeal. Unless otherwise provided in this Code, notice of the time and place of the hearing, including a general description of the location of the property involved, shall be given at least ten (10) business days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation in the City. Such notice shall also be given by mailing, through the United States mail, to the project applicant and to each person designated in any appeal to receive such notice, every person filing with the Director a written request for a notice with respect to the project application, and to all property owners and occupants within 1000 feet of the property unless a different distancing radius applies to the original project approval or the appeal. Notwithstanding the foregoing, if different noticing requirements apply to an appeal as stated elsewhere in this Code, those noticing provisions will supersede the noticing requirements in this subsection.

B. PERSONS WHO MAY APPEAL.

1. Any person, including the project applicant, may appeal a decision by the Planning Commission to approve, conditionally approve, or deny a project application or element thereof.

2. If a City Council member files an appeal, the Council member may not participate as a decision maker in the City Council public hearing.

3. In lieu of individual City Council members filing appeals as individuals, the City Council may as a body vote to review a Planning Commission decision per Subsection (F).

C. TIME AND MANNER OF APPEAL.

1. An appeal of a Planning Commission decision must be submitted by 5:00 p.m. on the 15th day following the date that the Planning Commission adopts the resolution regarding the decision or otherwise makes the decision. If the 15th day following the Planning Commission resolution or decision date occurs on a day when City offices are closed, the appeal must be submitted by 5:00 p.m. on the next day that City offices are open.

2. An appeal must be submitted in person to the office of the Planning Division on a form provided by the City Planner, and must include the legal basis for the appeal. Mailed, emailed or faxed appeal forms will not be accepted.

3. The form must be accompanied by the appeal fee specified in the City of Burbank Fee Resolution, as may be amended from time to time, except that Planning Commission and City Council members are not required to pay the appeal fee.

D. MULTIPLE APPEALS.

1. No one should forego filing an appeal in reliance on another individual’s appeal. Anyone who objects to a Planning Commission decision, or any conditions placed upon a conditional approval, should file an appeal to ensure that its concerns are heard in the event that other appeals are withdrawn per Subsection (E).

2. Multiple individuals may collectively act as one appellant and submit a single appeal form with a single set of reasons for appeal. In such case, payment of only one appeal fee is required, and the appellants may divide the cost of the fee among themselves at their discretion.

3. Alternatively, multiple individuals may act as individual appellants, and each file its own individual appeal forms. In such case, payment of the full appeal fee is required for each individual form submitted.

4. All appeals filed, whether on one (1) appeal form or multiple forms, must be considered together at a single hearing and acted upon by the City Council at the same time.

E. WITHDRAWAL OF APPEAL.

1. Any person who has filed an appeal may withdraw the appeal as a matter of right until the City Council hearing has been scheduled. In such case, an appeal may not be withdrawn on or after the 20th day prior to the scheduled City Council hearing.

2. A request to withdraw an appeal must be submitted in person to the office of the Planning Division in writing and signed by the appellant. Mailed, emailed or faxed requests for withdrawal will not be accepted.

3. If multiple individuals collectively submitted a single appeal form, all individuals signing the appeal form must sign and submit a written request to withdraw the appeal within the time specified in Subsection (1) for the appeal to be considered withdrawn.

4. If all appeals are withdrawn and no subsequent appeals are filed within the time specified in Subsections (C) and (G), then the application will be removed from the City Council scheduled agenda, and the City Council will not consider or act upon the application. The Planning Commission’s decision thereafter becomes final and may not be further appealed.

F. CITY COUNCIL REVIEW.

1. As an alternative to the appeal process, the City Council may as a body vote to set the matter for a public hearing and conduct the hearing in the same manner as an appeal. Any City Council member may request that the City Council consider setting the matter for a hearing. This alternative review process applies to all applications which can be appealed from Planning Commission to the City Council.

2. Such request to set a matter for a hearing must be made on or before the 15th day following the date that the Planning Commission adopted the resolution regarding the decision or otherwise made the decision.

3. The request to set a matter for hearing must be made orally during the appropriate time at a City Council meeting. In the event that no City Council meeting is scheduled between the date of the Planning Commission decision and the 15th day thereafter, such request must be submitted in writing to the City Clerk, signed by an individual Council member. No fees shall be required under this process.

4. After a request is made per Subsection (3), the City Clerk must place the matter on the next regular City Council meeting agenda for consideration by the City Council. The meeting need not occur by the 15th day following the Planning Commission resolution or decision date.

5. At the time the matter is heard by the City Council, the Council must vote whether to hold a hearing to review the Planning Commission’s decision. If a majority of Council members vote to review the Planning Commission’s decision, a public hearing must be scheduled. The hearing is de novo, and the Council considers the application in the same manner as if an appeal had been filed.

6. If the Council fails to set the application for a hearing and no appeals are filed within the time specified in Subsection (C), there is no City Council hearing and the City Council does not consider or act upon the application. The Planning Commission’s decision thereafter becomes final and may not be further appealed.

G. SECONDARY APPEAL PERIOD.

1. Upon the withdrawal of an appeal (and only if no other appeals remain outstanding), a secondary ten (10)-day appeal period shall automatically commence to provide an additional opportunity for the public to appeal (the “Secondary Appeal Period”).

2. The first day of the Secondary Appeal Period is the latter of the following: 1) first day after the appeal was withdrawn, whether or not that day is a business day, or 2) the first day after the expiration of the initial 15-day appeal period provided in Subsection (C), whether or not that day is a business day. The latter date only applies to those appeals which are withdrawn during the initial appeal time period.

3. Appeals submitted during the Secondary Appeal Period must be submitted in accordance with this Section, including but not limited to the 5:00 p.m. deadline for the filing of any appeal. If the last day of the Secondary Appeal Period occurs on a day City offices are closed, then the last day for filing shall be extended to 5:00 p.m. on the next day that the City offices are open.

4. Appeals submitted during this Secondary Appeal Period may be withdrawn in accordance with Subsection (E); however, only one (1) Secondary Appeal Process is allowed on any application. Withdrawal of an appeal made during the Secondary Appeal Period will not lead to any additional appeal periods.

5. Notice of the Secondary Appeal Period will be provided to any person who requests in writing such notice. A request shall be made to the City Planner on any individual application at any time; however, only those individuals on record at the time of a withdrawal that triggers a Secondary Appeal Period shall receive notice. Notice may be provided in the manner specifically requested (telephone or electronic mail), and must also be posted at the City Planning Division counter. Additional notice may be provided through any other additional means deemed appropriate by the Director. [Added by Ord. No. 3701, eff. 9/16/06. Amended by Ord. No. 25-4,024, eff. 4/11/25; 22-3,983.]