Petitioner challenges the approval by Respondent City of Burbank (“City” or “Respondent”) of a 23-unit, three-story (over 42 feet) townhome development consisting of 6 buildings and 76 bedrooms on a 1.01-acre site located at 910 South Mariposa Street (“Project”).

As explained below, Petitioner contends Project is not eligible for approval pursuant to Senate Bill (SB) 35, which is codified at Government Code Section 65913.4. As a result, the City erred when it processed the application subject to the corresponding requirements in Burbank Municipal Code (BMC) Title 10, Chapter 1 (Zoning), Article 19 (Zoning Procedures and Amendments), Division 12 (Streamlined Ministerial Approval Process).

Petitioner requests that this Court vacate, set aside, rescind and void any permits, plans, specifications or approvals granted by the City (“Project Approvals”) in order to facilitate the Project. Petitioner requests that the Court vacate the Project Approvals because the Project does not meet the requirements of SB 35 and the City therefore failed to proceed in a manner required by law when it approved the Project.