Press Release: YIMBY Law Sues City of Burbank Over Illegal Denial of New Housing Project

Contact: Jae Garner

Burbank, CA— Today YIMBY Law filed a lawsuit against the City of Burbank for illegally blocking a project compliant with state law SB 35. The lawsuit contests the Burbank City Council’s decision to deny a proposal for new construction of a 96-unit condominium project on a five-acre property known as Pickwick Gardens. According to the lawsuit, the City Council’s decision is at odds with state law SB 35 which streamlines the approval process for new homes when a city is not on track to meet state-mandated housing goals.

“There is no legal basis for the Burbank City Council to deny this proposed housing project. The Pickwick project meets all requirements under SB 35. YIMBY Law is looking forward to winning this case,” said Rafa Sonnenfeld, Director of Legal Advocacy at YIMBY Law.

Burbank’s City Planning Department reviewed the Pickwick Garden project’s pre-application and determined that it met all necessary requirements under SB 35. The California Department of Housing and Community Development (HCD) also found that the project qualified under the law. Despite these analyses, both the Burbank City Council and Burbank residents called for the project to be denied. Residents cited traffic concerns and equestrian activity as reasons why the Pickwick project was not appropriate for their community. In addition to the lawsuit filed by YIMBY Law, HCD has also responded by sending Burbank a Notice of Violation, requiring the city to reverse course and approve the project.

The lawsuit is one of several lawsuits filed in 2022 by YIMBY Law to hold jurisdictions accountable for implementation of California housing law, including SB 35. 

“The bottom line in this case is that the city of Burbank is no different than any other city in California. Complaints about increased traffic and concerns over equestrian communities do not constitute an exception from the law. And they certainly don’t trump the importance of one of our most fundamental human needs– access to housing,” said Sonja Trauss, Executive Director of YIMBY Law.