LA Metro is building a roughly $500 million, 19-mile Bus Rapid Transit line from North Hollywood to Pasadena. Work has already begun in North Hollywood and Pasadena. The Burbank segment runs down Olive Avenue, and the design calls for dedicated bus-only lanes between Buena Vista and Lake.
The dedicated lanes would cut Olive from two travel lanes each way to one and push traffic onto residential side streets. Burbank has refused to issue construction permits due to these concerns. The city offered a mixed-flow compromise and Metro rejected it, saying dedicated lanes are essential to hit ridership and travel-time targets.
Why This Fight Is Really a Zoning Fight
The stakes go well beyond dedicated bus lanes because of CA Senate Bill 79, which took effect July 1, 2026. SB 79 automatically overrides local zoning within a half mile of qualifying transit stops, allowing up to 8-story apartment development where cities currently cap heights much lower.
Critically, the law only triggers at stops served by full-time dedicated bus lanes, light rail, or heavy rail train stations. That means the Olive Avenue lane fight now doubles as a zoning fight:
- If the dedicated lanes go in, five of Burbank's six BRT stations would trigger automatic up-zoning.
- If Burbank prevails and the lanes end up mixed-flow, SB 79 does not trigger and local zoning stays fully in effect.
The Lawsuit: Where We Stand
Metro sued the city of Burbank in Los Angeles Superior Court on May 19, 2026 (Case No. 26STCP01904, Stanley Mosk Courthouse, Dept. 416, Judge Stephen Morgan).
On July 17, 2026, Judge Morgan denied Metro's request for a preliminary injunction that would have forced Burbank to issue the permits, ruling that Metro had not shown specific consequences to their 2028 Olympics deadline that justified the emergency relief.
In late July, Metro filed a Motion for Reconsideration, asking the judge to revisit that ruling. Burbank filed its opposition on August 11. The demurrer hearing, Burbank's separate motion to dismiss the case outright, was originally set for August 19, but on August 18 the court continued all pending matters to a single combined hearing on September 3, 2026, where the demurrer, the reconsideration motion, and a case management conference will be argued the same morning.
What Happens at the September 3 Hearing
If the judge grants Burbank's demurrer: the current lawsuit will be dismissed and Metro would not have a clear path forward for the Burbank section of the project.
If the judge denies the demurrer: the case will officially proceed to trial and the date will be determined during the case management conference.
What This Means for Burbank Multifamily Owners
For owners within a half-mile of the proposed stations, this case is worth watching closely. The outcome could materially change what your property is entitled to build.
If SB 79 up-zoning triggers at your address, your parcel becomes substantially more valuable to developers, and your negotiating position on any future sale changes significantly. If Burbank prevails and the lanes stay mixed-flow, your current zoning holds.
Either way, the September 3 hearing is the next real inflection point. We'll be watching it closely and will update this page after the ruling.