1 STAFF REPORT
DATE: April 4, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Asst. Community Development Director – Planning Scott Plambaeck, Planning Manager
Shipra Rajesh, Senior Planner
BY: Fatima Benitez, Assistant Planner
SUBJECT: Annual Review of Planned Developments and Development Agreements
RECOMMENDATION
Receive and file the annual review of each Planned Development (PD) and related Development Agreement (DA) entered into by the City, in compliance with Burbank Municipal Code (BMC) Section 10-1- 19114 and Section 10-1- 19129 (incorporating California Government Code Section 65865.1).
BACKGROUND
The Planned Development (PD) process was established in 1985 with the purpose of allowing for rezoning a property to the PD zone designation, which results in an “alternate process to accommodate unique developments for residential, commercial, professional, or other similar activities, including combinations of uses and modified development standards, which would create a desirable, functional and community environment under controlled conditions of a development plan” (BMC Section 10-1-19119). A Development Agreement (DA) is used as the implementation and enforcement instrument for a PD approval and is an agreement between the City and an applicant that grants a developer a vested right to build an approved project within a prescribed period and under the specific terms noted therein.
DISCUSSION
During the time the City has utilized the PD process, various developers have submitted a total of 120 PD applications (summarized below). There have not been any new PD applications since the last Annual Update on December 14, 2021. Consistent with Government Code Section 65865.1, the City is undertaking this annual review for 2022
COMMUNITY
DEVELOPMENT
2 to confirm the PDs and D As ongoing compliance with the terms of their respective agreements.
Staff has noted the following definitions to help facilitate review of the following summary table:
• “Approved PDs” – PD projects approved by the City Council since the PD process was added to the Zoning Ordinance in October 1985.
• “Completed PD/DAs” – PD Projects that have been built out and are in compliance with the related DA and mitigation measures.
• “PDs with Active DAs” – Approved PD projects with an active DA that are either in process of construction, or where the PD or DA has been or will be amended. • “PDs with Expired DAs” – PDs with DAs that were approved but were never built , or were replaced by another PD/DA. The DA has expired and cannot be used. • “Replaced by other PD” – Prior PD approvals that were replaced by new PDs on the City’s Zoning map.
• “Denied or Withdrawn” – PD applications that were denied or were withdrawn before being considered by the City Council.
• “Submitted (Under Review)” – The PD application has been submitted to the Planning Department and is currently in review or on hold.
Summary of PD/DA Status Since 1985
Approved PDs 83
Completed PD/DAs: 48
PDs with Active DAs: 14
PDs with Expired DAs: 18
Replaced by other PD: 3
Denied or Withdrawn 34 Submitted (Under Review) 3
TOTAL 120
Completed PD/DAs
Staff is monitoring all completed PDs and associated DAs. Staff has been working on two PD amendments for the following completed PD/DAs:
• PD 89-4 (Burbank Town Center) : The application for the Fifth Amendment to the Planned Development Zone was filed on June 27, 2016, and the project has been put on hold as the City continues to work with property ownership on possible future land uses to be considered as part of the proposed Downtown Burbank Transit Oriented Development Specific Plan Project. The proposed amendment from 2016 focused on the redevelopment of the former IKEA store located at 600 North San Fernando Blvd., and surrounding area (generally west of the mall) with a mix of residential, restaurant, retail, and service commercial uses. City staff continues to engage with the current ownership entities, (which as of March 2 023 includes the Onni Group, a Toronto- based investor and developer with expertise in the construction of office space and mixed-use developments), on the future redevelopment of the properties.
3 • PD 97-03: Burbank Empire Center: The City is working with the property owner to consider an amendment to the existing PD to address changes to the property site plan resulting from property line changes along the south side of Empire Avenue that occurred as part of the public of right of way improvements for the Empire Avenue Interchange. The City Council will consider this amendment at a future date once the City, Caltrans, and Burbank Empire Center resolve unfinished right of way construction and landscaping issues along the south side of Empire Avenue.
PDs with Active DAs:
Staff monitors the fourteen ( 14) active PDs to ensure progress and compliance with development requirements including requirements of Mitigation Monitoring & Reporting Program (MMRP), and conditions of approval contained in associated DAs . Attachment 1 to the Staff Report provides an overview of all the fourteen active PDs along with their status and ongoing monitoring of Mitigation Monitoring and Reporting Program and conditions of approval.
DAs typically outline a procedure for the City to provide notice of default and a time period to cure the default if a developer is found to be out of compliance with the terms of the PD or DA. If the default is not cured and/or if there is substantial evidence that a developer has not complied in good faith with the DA terms and conditions, then the City may initiate proceedings to terminate the DA and rezone the property . All the active PDs are in compliance with the requirements of their respective DAs as noted in Attachment 1.
PDs with Expired DAs:
Since staff’s last PD/DA update to the City Council, PD 2001-2 (Bob Hope Office Center Development) has expired. PD 2001-02 (Bob Hope Office Center Development) and the associated DA was approved in 2001 to allow construction of an office building of 103,500 square feet and a performing arts theater or museum of 20,000 square feet. On May 14, 2019, the City Council appr oved an extension for PD 2001- 2 (“Bob Hope Center Development Project” ) through December 31, 2020. Just prior to the December 2020 expiration, the applicant indicated continued interest in pursuing the Project . To avoid expiration of the DA on December 31, 2020 and to allow staff to complete the Project EIR, the Applicant requested an extension pursuant to Section 7.03 in Article 7 of the DA pertaining to Enforced Delay and Extension of Time Performance. Upon reviewing the request, the Community Development Director approved a 4-month extension of the DA for PD 2001- 2 through April 30, 2021. Because the long- term extension still requires completion of an EIR, staff recommended a 12- month extension of the DA to April 30, 2022, to provide the necessary time to complete the pending EIR process. On March 2, 2021, the City Council approved another extension through April 30, 2022.
The extension is no longer valid as it expired on April 30, 2022. The Project which included entitlements for a 109,470 adjusted gross square foot office building on 61,301.5 square feet (1.4 acres) of vacant land within the Media District did not move forward. Since the date of expiration, the PD has reverted to the Media District Commercial (MDC-2) Zone.
On June 24, 2022, Worthe Real Estate Group (applicant) submitted an SB 35 Notice of Intent (NOI) application to redevelop the subject property as a proposed mixed- use project of 144 new rental units with 1,058 square feet of ground floor commercial and a 4 publicly accessible Bob Hope Park. Proposed parking would be provided at subterranean level consisting of 196 spaces.
The project is currently in the NOI application review stage. Once the SB 35 NOI application process is considered complete, the applicant may submit for a SB 35 streamlined ministerial approval process application review in accordance with Burbank Municipal Code Section 10-1-19302 (Streamlined Ministerial Approval Process).
Denied or Withdrawn:
Since staff’s last PD/DA update to the City Council, PD 2008 (103 E Verdugo Ave – Michael Cusumano) has been withdrawn.
Submitted (Under Review):
Staff is currently reviewing applications for three proposed PDs. The proposed PDs are located at:
• 2500 North Hollywood Way “Airport Marriott Hotel Expansion” (under review); • 160 West Olive Avenue “Olive Station” (on hold); and
• 10 West Magnolia Boulevard “Burbank Common” (on hold).
ENVIRONMENTAL REVIEW
The City Council’s annual review of City-approved PDs and DAs has been determined by City staff to be exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15306 of the State CEQA Guidelines pertaining to i nformation collection activities, which do not result in disturbance to an environmental resource. As the purpose of the report is intended to provide data and research strictly for information gathering, there is no lead agency action to approve or adopt an action.
FISCAL IMPACT
The annual review on the status of City-approved PDs and associated DAs will not have a fiscal impact on the City as the staff time necessary to complete the report has already been accounted for as part of the Fiscal Year 202 2-2023, annual work program for the Community Development Department’s Planning Division.
CONCLUSION
The annual review of PDs and DAs provides an opportunity for the City to identify any potential compliance issues at an early stage and work with developers or property owners to address concerns. Staff has determined that all active PDs with DAs are in compliance with their respective DA terms, conditions of approval, and mitigation monitoring and reporting program requirements.
ATTACHMENT
Attachment 1 – Summary of Planned Developments and Development Agreements