RECORDING REQUESTED BY
AND MAIL TO:
Paul, Hastings, Janofsky
& Walker
555 South Flower Street
23rd Floor
Los Angeles, CA 90071
Attn: Michael S. Woodward, Esq.
BURBANK STUDIOS DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF BURBANK
WARNER BROS., INC.
A DIVISION OF TIME WARNER ENTERTAINMENT COMPANY,
DELAWARE LIMITED PARTNERSHIP
RELATIVE TO THE DEVELOPMENT OF
THE RANCH LOT OF THE BURBANK STUDIOS
ATTACHMENT 3 - PAGE 1
BURBANK STUDIOS DEVELOPMENT AGREEMENT
RANCH LOT
This Burbank Studiof:; Development Agreement (the
"Agreement") is entered into this~..!Z.th day of )1~ ,
1995, by and between WARNER BROS. INC., a Delaware Corporation (the "Developer"), and the CITY OF BURBANK (the "City"), a municipal corporation of ithe State of California, with reference to the following: !
A. Developer is the o~er of the real property located
in the City of Burbank, County of Los Angeles, State of California, outlined on Exhill'it "B-1", commonly referred to as the "Ranch Lot," the legal description of which is set forth in Exhibit" A" (the "Project Site").
B. City is authori~ed to enter into development
agreements with persons hav~ng a legal or equitable interest in real property which is Iodated within the City, pursuant to Government Code Sections 658~64-65859. 5.
C. City has adopted procedures and requirements for
consideration of development: agreements, pursuant to Section 65865 of the Government Code, in the "Development Agreement Ordinance" set forth in Divi;sion 9, Sections 31-1997 et seq. of the Burbank Municipal Codie (the "Code")
D. City has also adopted Division 10, Sections
31-19118, et seq. of the ,Code (the "Planned Development Ordinance" ), establishing procedures and requirements for consideration of planned dev~lopment projects to accommodate major and unique developments in the City, including
combinations of uses and modified development standards which would create a desirable, functional and community environment under the controlled conditions of a development plan. The Planned Development Ordinance requires that the approval of a planned development be subject to a developer entering into a development agreement under the Development Agreement
Ordinance.
E. City has also adopted Ordinance No. 3224, the "Media District Specific Plan," a comprehensive growth control ordinance governing all new development in the Media District, and Article 21, Sections 31-2101 et ~. of the Code,
establishing the "Media District Overlay Zone," which
regulates commercial and industrial land within the "Media District," which adjoins the Project Site, for use, density, E:IWP51\ooCSlCA-OOCSlPROJECTSlWARNERlRANCH8.MRA Page 1
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ATTACHMENT 3 - PAGE 2
height, setbacks, as well as other design standards of motion picture studio lots.
F. Developer has apPilied for and intends to develop a
Planned Development on the Ranch Lot Project Site over a period of 20 years, which will consist of the following demolition and new construction, in addition to parking structures and surface parJiing facilities (the "Project" or "Planned Development") :
Demolition (gSF)
Office
Sound Stage
Storage
Workshop
Operations
Total
27,823
44,018
14,295
$,636
91,772
New Construction (GSF)
975,000
90,000
15,392
75,000
1,155,392
The Proj ect is more fully de~scribed in the Proj ect Report and Site Plan on file at the Office of the City Planner (the "Project Report" and "Site Plan," respectively), the Draft Environmental Impact Report dated May 26, 1995 (State
Clearinghouse No. 94111052) and Final Environmental Impact Report dated August 16, 1995 for the Project (collectively, the "EIR"). The Project inbludes the Ranch Lot Studio Site and the Main Lot Studio Si~e. It has been divided into two separate Planned Developments, Nos. 94-7 and 94-8, because the Main Lot Studio Site is in the Media District Specific Plan area but the Ranch Lot Studio Site is not.
G. Consistent with Section 31-19128 of the Code,
Developer desires to enter into a binding agreement with City for the provision and guarantee of the terms, conditions and regulations for the construqtion of the Project as a Planned Development, including, but not limited to, identifying certain exactions to the City, and the construction or the payment in lieu of construction of certain public
improvements.
H. Developer desires to obtain the binding agreement of the City that the City will permit Developer to construct, develop, use and operate the Project as a Planned Development in accordance with the City's ordinances, rules, regulations and official policies governing permitted land uses, governing density and intensity of. uses, dedications, and other
exactions, and governing the design, improvement and
construction standards and specifications, applicable to development of the Project, the Planned Development and the E:\WP51100Cs\CA·DOCs\PROJECTS\WARNERlF\ANCH8.MRA Page 2 ATTACHMENT 3 - PAGE 3
Project Site (the "Existing Development Regulations"), in force at the time of execution of this Agreement, and without requiring Developer to dedi~ate property, or construct public improvements or make finan¢ial contributions to the City in lieu of public improvements':, except as expressly set forth in this Agreement.
I. Developer has re'quested City to enter into this
Agreement and proceedings Have been taken in accordance with Government Code Sections 658,64-65859.5 and Sections 31-1997 et seq. of the Code. .
J. The City Council has determined that the Planned
Development is consistent with and satisfies the relevant provisions of the Code and the goals and objectives of the City's General Plan. .
K. The City Council ;has found that the provisions of
the Development Agreement are consistent with the relevant provisions of the Code and the City's General Plan.
L. All actions takeri by City have been duly taken in
accordance with all applicable legal requirements, including the California Environment~l Quality Act, Public Resources Code Section 21000, et iseq. ("CEQA") , and all other
requirements for notice, pu~lic hearings, findings, votes and other procedural matters. .
M. On October 10
its Ordinance No. 3416
, 1995, the City Council adopted
approving the Development Agreement.
NOW, THEREFORE, in conisideration of the above recitals and of the mutual covenants. and agreements contained herein and other good and valuabie consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
1. TERM AND GENERAL RIGHTS
1.1 Ownership. Developer represents to the City that
it is the owner in fee of the Project Site as of the execution of this Agreement.
1.2 Term. The term of·this Agreement shall commence
on the date hereof and shall continue for twenty (20) years thereafter, unless said term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of E:\WP51\OOCSlCA-DOCSlPROJECTSlWARNERlI\AHCH8.MRA Paga 3 10-5-95
ATTACHMENT 3 - PAGE 4
all applicable public hearing and related procedural
requirements.
1.3 Effective Date. This Agreement shall be dated, and
the obligations of the parties hereunder shall be effective, as of the execution of the ~greement by all parties.
1.4 Assignment. Developer may assign less than the
entirety of its interests,rights or obligations hereunder without prior written consent of the City. However, the Developer shall not assignor transfer the entirety of its interests, rights or obligations under this Agreement to an unrelated third party without the prior written consent of the City, which consent shall not be withheld or delayed if both the financial condition and credit of the proposed assignee or transferee are reasonably satisfactory to the City and the Developer is not in default: under this Agreement. Express assumption of the Developer's obligations under this Agreement by any such third-party assignee shall relieve the Developer from such obligations. .
1.5 Amendment or Cancellation. Except as expressly
stated to the contrary herei:n, this Agreement may be amended or canceled in whole or in ptrt only by mutual consent of the parties and in the manner provided for in Government Code Section 6586a and the City's ,Development Agreement Ordinance.
1.6 Termination. This Agreement shall be deemed
terminated and of no further effect upon (a) expiration of the term of this Agreement as set forth in Section 1.2, or (b) completion of the Project in accordance with the terms of this Agreement including issuance :af all required occupancy permits and acceptance by City or cjlpplicable public agency of all required dedications, whichever occurs first. Termination of this Agreement shall not affeict any right or duty arising from enti tlements or approvals Set forth under the Development Plan, as defined in Section 2.1, below.
1.7 Covenant to be executed by Developer. Prior to the
termination of this Agreement, Developer shall sign in
recordable form, of which City shall cause its recordation at Developer's expense, a covenant on the Proj ect Site which shall list the permitted uses of this Planned Development Zone, Development Standards of the Zone, and all on-going obligations required of Developer in this Agreement and as special requirements of this Zone (the "Covenant") .
Specifically, the conditions which pertain to the zoning (including but not necessarily limited to Conditions of Approval numbers 1-7, 36-46, 57-60 , 66) shall be set forth in E:IWPS 1 lOOCSlCA-OOCSlPROJECTSlWARNERlRANCH8.MRA Page 4 lo-So9S
ATTACHMENT 3 - PAGE 5
this Covenant. The Covenant shall be recorded with the Los Angeles County Recorder's Office and shall run with the land comprising the Project Sit~, and the burdens and - benefits hereof shall bind and inure to the benefit of each of the parties hereto and all succ~ssors in interest to the parties hereto until the Covenant isiremoved from title. The Covenant shall set forth the proces~ for amending or removing any provisions therein, whichi shall reflect the planned
development process. In ~he event· this Covenant is not recorded prior to the e~iration of the Term of this
Agreement, this Agreement $hall automatically be extended without further action by the parties but with respect only to the obligations of Developer identified in the abovementioned condi tions of approval. In· no event, does this automatic extension apply to any vested rights for proposed development granted to Developer by this Agreement.
1.8 Definitions. The terms set forth in condition No.1
of Exhibit "B" shall apply to this Agreement.
2. DEVELOPMENT OF THE PROJ~CT
,
2.1 Ri hts to Deve '0. Subject to the terms,
conditions, and covenants 0 this Agreement, including the Reservations of Power in Section 2.3, Developer shall have a vested right to develop the ?roject as a Planned Development in accordance with Planned Development Permit No. 94-8 (the "Developmen~ Plan"), and subject to the conditions of approval set forth in Exhibit "B-2" h~reto, the Ranch Lot Development Guidelines, and Exhibit "B" hereto, the Conditions of Approval for Planned Development No. ;94-8. The Project shall remain subj ect to all subsequent 4evelopment approvals needed to complete the Project and required by the Development Plan.
Except as otherwise provided lin this Agreement, the permitted uses of the Project Site, the density and intensity of use, the maximum height and size of proposed buildings, the
construction of public impro~ements or the payment of fees in lieu thereof, and the reservation and dedication of land for public purposes shall be consistent with the Development Plan and the conditions of approval set forth in Exhibits "B-2" and "B. II
2.2 Action By City. Subject to the terms, conditions,
and covenants of this Agreement, including the Reservations of Power in Section 2.3, the Existing Development Regulations applicable to development of the Project, the Planned
Development and the Project Site, shall be those ordinances, rules, regulations, official policies, standards and
specifications of the City ~n force as of the execution of E!IWPS11DOCs\CA-DOCs\PROJECTS\WARNERlRANCH8.MRA
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ATTACHMENT 3 - PAGE 6
this Agreement (the "Existing Development Regulations").
Existing Development Regulci:tions shall not mean taxes, fees, assessments or charges imppsed by the City which are not inconsistent with any speci:eic provision of this Agreement. No amendment to, revision of, ¢r addition to any of the Existing Development Regulations wijich conflicts with the Project Approvals, as defined below,! or prevents or delays development of the Project Site in acco~dance with this Agreement, shall have any application to the! Project.
2.3 Reservation of Power. Notwithstanding any other
provision of this Agreement) City reserves the right to apply Non-Conflicting Subsequent Regulations to the development of the Project, as may be enacted or amended hereafter. As used herein, "Non-Conflicting $ubsequent Regulations" include regulations which do not co~flict with this Agreement or the development of the Project, and are not necessarily limited to the following: .
2.3.1 Building, electrical, mechanical, fire and
similar building codes based' upon uniform codes adopted in, or incorporated by reference ihto, the Burbank Municipal Code, solely to the extent broad~y applicable to all development projects in the City.
2.3.2 In the ~vent of fire or other casualty
requiring construction of mote than fifty (50%) percent of any building previously constr~cted hereunder, nothing herein shall prevent the City from! applying to such reconstruction all requirements of the! City's . Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorpo~ated by reference into, the Code, solely to the extent broad~y applicable to all development projects in the City; provided that this provision is not intended to amend any parking requirements or other
development standards requir1,ed in the Development Plan.
2.3.3 This Agreement shall not prevent the City
from denying or from conditionally approving any development application for any subsequent project on the basis of the then existing or new rules, regulations and policies.
2.3.4 As provided in Section 65869.5 of the
Development Agreement Act, this Section 2.3 shall not preclude the application to the development of the Project Site of changes in City ordinances, resolutions, rules, regulations, laws, plans or policies, the terms of which are specifically required to be applied to developments such as the Project by changes in state or federal. laws or regulations. The City E:IWP51100CSlCA-DQCSlPROJECTSlWARNERlRANCH8.MRA
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ATTACHMENT 3 - PAGE 7
shall not apply to the Proj:ect any such rule, regulation, or policy which is inconsistent with this Agreement until the City makes a finding that s~ch rule, regulation or policy is necessary to comply with: such State or Federal laws or regulations.
2.3.5 This section 2.3 shall not preclude the
application to the develop~ent of the Project Site of new rules, regulations and poli¢ies of the City, other than those referenced in subsection 2.5.2 (i) to the extent they are found by the city, based t).pon substantial evidence in the record, to be necessary tcp the health and safety of the public, as it relates to :.the Project Site, and (ii) are generally applicable to all properties in the City.
2.4 Permitted Density, Height and Use Limitations. The
permitted uses, -density anqj intensity of use, location of uses, maximum height and siZe of proposed buildings, minimum setbacks and other standard$ of project design applicable to each development subarea on ~he Project Site shall be limited as provided on Exhibits IB~-2" and II B, II and as otherwise provided by the terms and conditions of this Agreement.
2.5 Vesting; Rules, Regulations and Official Policies.
2.5.1 General Stitement. The City desires to cause
all development permits an~ other approvals which may be required to develop the Prdj ect to be deemed vested in the Developer, as of the Effect~ve Date, to the greatest extent permitted by law, and, except as herein provided, to be free of: (a) all discretionary a¢ts or review of the City or any body or agency thereof,it being understood that any
subsequent review shall be ministerial, as further provided herein; and (b) the applicaition of any subsequent building moratoria or restriction$ on development which are
inconsistent with this Agree'~ent, including, but not limited to, those related to or affedting the rate, timing, phasing or sequencing of the construction of the Project.
2.5.2 Existing Development Regulations to Govern.
No amendment to, revision of, or addition to any of the Existing Development Regulations without Developer's written approval, whether adopted or approved by the City Councilor any office, board, commission or other agency of-the City, or by the people of the City through charter amendment,
referendum, initiative or other ballot measure, or in any other fashion (a "Subsequent Action"), shall be effective or enforceable by the Ci ty with respect to the Proj ect, its design, density, intensity of use, grading, construction, use E:IWPS1100CSlCA·OOCSlPROJECTS\WARNERlRANCH8_MRA Page 7
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ATTACHMENT 3 - PAGE 8
or occupancy, or schedule of development, except as set forth in section 2.3. The City and the Developer, each to the extent legally permissible, specifically agree that any Subsequent Action which conflicts with the Project Approvals shall have no application to the Project.
3. DEVELOPER'S OBLIGATIONS.
3.1 Conditions of Approval. Developer shall comply
with the conditions of approval set forth in Exhibits "B-2" and "B" attached hereto and incorporated by reference herein.
These conditions further incorporate the mitigation measures of the EIR so that significant environmental effects will be mitigated or avoided. The City shall not impose any
additional conditions, mitigation measures, exactions,
dedications, reservations, dedications and public improvements beyond those provided in Exhibits "B-2" and "B," or otherwise permitted under this Agreement, as a condition to the
development of the Planned Development. The Developer shall comply with the mitigation monitoring program set forth in Exhibit "D".
3.2 Neighborhood Protection Program.
3.2.1 Traffic Intrusion Reduction Fund. In order
to allow the City to implement a program of traffic control measures designed to reduce the potential for outside traffic intrusion into specified neighborhoods, Developer shall establish a single, voluntary $ 400,000 Traffic Intrusion Reduction Fund ("Fund") in connection with the development of the Master Plans for its Main Lot and Ranch Lot. Payments not to exceed three hundred thousand dollars ($300,000) from this Fund shall be used solely to implement traffic control
measures designed to reduce traffic levels on local and collector residential streets within the Magnolia Park, Heffron, Screenland-Kenwood-Maple-Pass residential areas generally bounded by Clybourn Avenue, Magnolia Boulevard, Fairview Street, Alameda Avenue, Bob Hope Drive, Valley Heart Drive, and Lakeside Drive, and more specifically delineated in the map set forth as Exhibit "C". Payments not to exceed one hundred thousand dollars ($100,000) from this Fund shall be used for any future mitigation measures related to the
Franklin Avenue parking structure in the Toluca Lake area, including but not limited to additional security, a traffic diverter at Lakeside and Rose, and other measures identified by the Burbank Police Department's monitoring· program as identified in the Main Lot Development Agreement's condition of approval (Exhibit "B") number 6(g).
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ATTACHMENT 3 - PAGE 9
Any traffic control measures to be implemented will
follow a public participation process. The City Community Development Director shall establish procedures as assurance that Developer and affected neighbors will have notice and the opportuni ty to address the proposed measures prior to any City implementation of any measure. City shall retain final
approval rights however, but shall consider any of the
comments addressed by Developer and/or the affected neighbors.
The Fund shall be established following approval of Planned Development Nos. 94-7 and 94-8 for Developer's Main and Ranch Lots, respectively, and within 180 days from the effective date of this Agreement. The Fund shall be maintained solely by Developer within its accounting structure. Payments from the Fund shall be provided by Developer to the City within 60 days of City approval of a traffic intrusion reduction program for the specified residential areas or at the time the City is obligated to the actual construction of approved traffic control measures, whichever is later. No in-lieu credit towards any Community Facilities Fees shall be given in connection with Developer's payments from the Fund.
3.3 Art in Public Places Program. Because the Project
is a mUlti-phased development, which will be carried out over many years, in connection with the development of those portions of the Project which are covered by the City's Art in Public Places Program, established by Ordinance No. 3290 (the "Art Ordinance"), and as an alternative means of complying with the development standard set forth in the Art Ordinance, Developer may elect to pay the alternative fee provided by the Art Ordinance in-lieu of constructing art on site. Developer may treat each five year period following the effective date of this Agreement as a phase as defined in Section 31-1114 (3) of the Code. If Developer elects to consolidate its fees during each consecutive 60 month period, then Developer shall provide City with adequate assurances that it will pay the appropriate allocation for art for each building on a
cumulative basis at end of each 60 month period. At the end of each 60 months, Developer will have the opportunity to pay the in-lieu fee or to provide for a significant art work or works, which work may be developed as part of the development of the proposed open space pedestrian plaza on Developer's Main Lot Project Site, if use of these funds on the Main Lot is approved by the City Parks Director. Within such 5 year time period, if the Art in Public Committee finds that
Developer's proposed art work complies with the City's
program, then Developer's accumulated in lieu fees shall be used to pay for such art.
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3.4 Child Care Needs Survev. Developer agrees to
provide on-site child care as needed by its employees.
Developer agrees to conduct a survey of the child care needs of its employees every 5 years following the Effective date of this Agreement. A written report including the survey
instrument and results shall be submitted to the Parks and Recreation Department. In the event the survey shows that Developer is not meeting the child care needs of its
employees, Developer agrees to provide the additional on-site child care facilities. Developer shall maintain a list of off site child care facilities in the area to assist any employees who need referral information on child care facilities.
3.5 Burbank Unified School District Aqreement.
Developer agrees to comply with the terms and conditions of the agreement that it has entered into with the Burbank Unified School District for the payment of school impact fees above and beyond those fees required by the School Facilities Legislation, in connection with the development of the
Project.
3.6 Fees. No fees shall be vested by this
Agreement. Developer shall pay impact fees, whether imposed citywide or in the Media District area. Citywide impact fees are subject to the following subsection.
3.6.1 Community Facility Fees. As mitigation for
certain environmental impacts identified in the EIR and in satisfaction of certain conditions of approval, Developer shall pay the following Community Facility Fees to the City pursuant to Section 31-2206 of the Code and in accordance with the provisions of Division 1, Article 22, Chapter 31 of the Code (§§ 31-2201 - 31-2216): Non-Transportation Related Fee per Division 3, Article 22, Chapter 31 of the Code (§§ 31-2224 - 31-2230) :Fire, Police, Library, and Parks.
With respect to traffic impacts, Developer shall install or cause to be installed, the measures set forth in the Conditions of Approval relating to traffic improvements, except as expressly provided herein, to assure compliance with the California Environmental Quality Act ("CEQA"). The
measure (s) shall be installed prior to the issuance of a Certificate of Occupancy for any building causing the net new development to equal or exceed the indicated threshold, in accordance with Condition No.9. In the event Developer
desires to forego the installation of a traffic measure which is part of the City's fee program and to instead pay the Transportation Improvement Fee (the "Fee"), per Division 2, Article 22, Chapter 31 of the Code (§§ 31-2217 - 31-2223), E:IWPS 1 lDOCSlCA·DOCSlPROJECTSIWARNERlAANCH8.MAA Page 10 1().5·95
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Developer shall make its request to pay the Fee instead of installing the mitigation measure during the Confirmation of Compliance Process set forth below. The City Community
Development Director ("Director") may permit the payment of the Fee only if the City is prepared to construct and install the required measure. Should the Director permit the payment of the Fee instead of the actual installation of the measure, then the Fee shall be paid by Developer at the time the relevant building permit application is made.
Notwithstanding the foregoing, Developer may pay
Transportation Fees for certain measures which specifically limit Developer's share in the Conditions of Approval and which pertain to transportation measures outside the
jurisdiction or control of the City. In such case, Developer's share is limited to the amount specified in the applicable condition, but such amount shall be adjusted annually at the same rate as the annual adjustment to the Community Facility Fees which is set forth in Section 31-2207 of the Code, and as amended from time to time.
The aforementioned fees shall be calculated at the
time any building permit is issued over the twenty year term of this Agreement, and at the rate in existence at that time as applicable to such building. While the actual fees are not vested by this Agreement and may be amended by the City Council, whether based on the City of Burbank Community Facilities Study(Dec. 1992) /City of Burbank Development Impact Fee Report (Dec. 1992) and the Transportation Funding Strategy Nexus Summary) or on new nexus reports or studies, the
categories of the different types of Community Facilities Fees shall remain unchanged, and be limited to the five specified fees listed herein.
The Community Facility Fees shall be paid at the
time of issuance of building permits for development of the Project and in accordance with all other provisions of Article 22 of Chapter 31 of the Burbank Municipal Code, as effective on the Effective Date of this Agreement, or as amended, but only if such amendment is requested to be applied by
Developer.
Developer shall be. entitled to any applicable
exemptions specified in Section 31-2203 of the Code credits specified in Section 31-2211 of the Code, and refunds as specified in Section 31-2210 of the Code, and all other provisions of Article 22. Eligibility for in-lieu credit is as stated in §31-2211b. That section provides that any capital improvement specified in the "Transportation Funding Strategy E:IWP51100CSlCA-DDCSlPROJECTSlWARNERlI\ANCH8.MRA Page 11 10-6·95
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Nexus Summary" or the "City of Burbank Community Facilities Study"/"City of Burbank Development Impact Fee Report" shall be eligible for an in-lieu credit. Additional credit may be permitted by the City Manager, or his/her designee, in
accordance with §31-2211b which states in part that
eligibility for and the amount of the credit shall be: "based upon whether the contribution meets capital improvement needs for which the particular development fee has been imposed; whether the developer contribution will substitute for or otherwise reduce the need for capital improvements anticipated to be provided with development fee funds; and the value of the developer contribution." Any excess transportation
related credit may be applied by Developer against
Transportation Improvement Fees for future developments in accordance with §31-2211.
Whenever Developer installs a transportation measure in the public right-of-way (or chooses to install any streetscape measures- as credit for the Art in Public Places Program), the process set forth in Section 31-2211 of the Code shall be followed, whether or not an in-lieu credit is requested. No work shall be performed on City property until applicable permits have been issued. Developer may be required to execute necessary covenants to identify Developer's on-going
maintenance obligations if Developer chooses to perform work on the public right of way beyond City standards.
3.6.2 Economic Development Credit Pool. The
Economic Development Credit Pool provisions of Ordinance No. 3340 may apply to reduce the required Community Facility Fees due from development on the Ranch Project Site. This fund was established as an economic development tool, and there is no assurance that the credit pool will be in existence or be available throughout the term of this Agreement. Credits received from the transportation improvements listed in Exhibit "B" shall be adjusted accordingly.
3 . 6 . 3 Utilitv and Processing Fees. Developer
shall pay to City standard and non-discriminatory utility fees and other related utility rates including, but not limited to, hook-up charges and aid-in-construction fees, in accordance with the applicable electrical or water rates and rules in effect at the time of application for service. Developer shall also pay all standard and non-discriminatory citywide processing fees for building permits, administrative plan check, and similar fees associated with development of the Project which are in existence at the Effective Date of this Agreement at the rate in existence at the time said fees are normally required to be paid to the City.
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3.7 Dedications and Improvements. Developer shall
offer dedications to the City or complete those public
improvements in connection with the Project as specified in Exhibit "B" attached hereto and incorporated by reference herein; provided that Developer shall have the option of contributing funds to the City in lieu of constructing the required public improvements, facilities and services.
3.8 Phasing of Development; No Obligation to Proceed.
The Project is a multi-phased development which will be carried out over many years, the exact number and timing of which will be determined by Developer based upon market conditions, industry factors and business considerations, among other factors. The term of this Agreement is intended to allow sufficient time for Developer to complete the Project in an economically sound manner and in accordance with the Developer's schedule. However, in no event shall the
Developer be obligated to proceed with the Project in
conformance with the phasing as generally outlined in the EIR, and nothing in this Agreement shall be construed to require the Developer to proceed with the construction or any other implementation of the Project. The decision to proceed or to forbear or delay proceeding with Project implementation or construction shall be at Developer's sole discretion. Any failure by Developer to proceed with construction or
implementation of the Project shall not result in any loss or diminution of development rights nor shall any such failure to proceed with, or delay or abandonment of, the Project give rise to any liability, claim or damages or cause of action against the ·Developer.
3.9 Indemnification. The Developer agrees to and shall
indemnify and hold harmless the City and its officers, agents, employees and representatives, from liability for damage or claims for damage or personal injury, including death, and claims for property damage which may arise from the negligent, direct or indirect, operations of the Developer or its
contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not the insurance policies referred to in this Agreement are inapplicable. No indemnitee under this subsection shall settle any claim, demand or liability suffered, or alleged to have been suffered, without the prior written consent of the Developer.
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3.10 Insurance. Before beginning construction on the
Project Site, the Developer shall cause the insurance required under this paragraph to be issued and thereafter to be
maintained during the term of this Agreement, but only when actual work on the Project is being performed by the Developer or its contractors and subcontractors. Said insurance shall extend to the City and its elective and appointive boards, commissions, officers, agents, employees and representatives and to the Developer and each contractor and subcontractor performing work on the Proj ect . Said insurance shall include:
3.10.1 Workers compensation insurance for all
persons employed at the Site and for all employees of each said contractor and subcontractor. The Developer agrees to indemnify the City and its officers, agents, employees and representatives, for any damage reSUlting from failure to take out and maintain such insurance; and
3.10.2 Public liability insurance in an amount of
not less than $1,000,000 for injuries (including death) to any one person and in an amount of not less than $1,000,000 on account of anyone occurrence; and for property damage in the amount of not less than $1,000,000 on account of anyone occurrence.
3.11.3 Developer shall maintain insurance in the
amount of $1,000,000 against damages sustained by reason of any action, claim or demand made by reason of breach or claim for breach of contract, or by reason of any contractual liability or alleged contractual liability on any contract entered into by the Developer or its contractors,
subcontractors, agents or employees with respect to the Project.
4. CITY'S OBLIGATIONS.
4.1 Project Approvals. To the greatest extent
permitted by law, City shall be bound with respect to the density and intensity of use, the location of uses, the permitted uses, the maximum height and size of proposed buildings, the minimum setback of proposed buildings and other rules, regulations and official policies of development applicable to the Project Site as set forth in this Agreement and/or the EIR, any land use, zoning, site plan and all other approvals and entitlements required or obtained for the development of the Project, including, but not limited to, zone changes (including designating the Project Site a
"planned development zone" and, thereby, establishing special yard and height standards), conditional use permits, grading E:IWP51100CSlCA·OOCSlPAOJECTSlWARNERlRANCH8.MRA Page 14 1()'5·95
ATTACHMENT 3 - PAGE 15
permits, building permits, and site plan approvals that will accomplish the goals, objectives, policies and plans
referenced, described, implied and shown in the Project Report, the Site Plan and this Agreement (collectively the "Project Approvals"). The City hereby agrees that the land uses set forth in the Project Approvals are approved or will be approved pursuant to the terms of this Agreement, provided that the Developer satisfactorily complies with all
administrative procedures, actions, payments and criteria generally required of developers by the City for processing applications for developments. The City agrees to promptly grant and implement, in accordance with this Section 4, any necessary Project Approvals pursuant to the Existing
Development Regulations, subject to the terms, conditions and exceptions contained herein.
4.2 Processing of Applications and Permits. The City,
upon satisfactory completion by the Developer of all required administrative procedures, actions and payments of appropriate processing fees, if any, shall, in a timely fashion, proceed to complete all required steps necessary for the
implementation of this Agreement and the development by the Developer of the Project Site in accordance with the Project Report (as may be modified by this Agreement). City shall use its best efforts to assure that approval of the initial plan check (if no corrections are required) shall be rendered within 10 weeks of acceptance.
4.3 Scope of Subseauent Review! Confirmation of
Compliance Process. This Planned Development approval and Agreement constitute compliance with the City's development review requirements as set forth in Sections 31-1908 through 31-1914 of the Code (or other pre-building permit review process which is then in place). Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law pursuant to the applicable provisions of the Code which are in effect as of the Effective Date and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and
ordinances, and Building, Electrical, Mechanical, and similar building codes; provided, however, that nothing herein shall authorize or permit the City to impose any condition and/or wi thhold approval to any proposed building the result of which would be inconsistent with any term or provision of this Agreement, and it is hereby further provided that the basis for the City's subsequent review shall be limited to:
(a) the provisions of the Code which are in effect
as of the Effective Date;
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ATTACHMENT 3 - PAGE 16
(b) the provisions of City's Fire Codes and
ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes; (c) conformity with the conditions of approval set
forth in Exhibits "B-2" and "B" to this Agreement;
(d) conformity with the mitigation monitoring
program set forth in Exhibit "0" to this Agreement; and (e) design and architectural review (including
landscaping) limited to a finding that the architecture proposed is comparable to the quality of the renderings of the buildings shown in the EIR and the Project Report, and as displayed to City Council and Planning Board at the public meetings.
Prior to each request for a building permit, Developer
shall provide City with a Compliance Certificate
("Certificate") in a form created by Developer and approved by the City, of which shall describe how all applicable
conditions of approval and/or mitigation measures have been fully complied with. The Certificate shall be distributed to relevant City departments for checking the representations made by Developer on the Certificate. City shall use its best efforts to complete this review within thirty (30) days of a completed Certificate and completed application for building permit.
4.4 Subsequent Environmental Review. In connection
with the Project Approvals, the City has reviewed, considered and certified the Project EIR, which complies with CEQA and the State CEQA Guidelines. No further CEQA documents shall be required for subsequent project approvals unless revision of the EIR is required pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 through 15164. In connection with the City's issuance of any additional Project Approvals or any action required for the Proj ect which is subject to CEQA, the City shall promptly commence and
diligently process any and all additional documents required by CEQA.
4.5 Imoosition of Conditions, Mitigation Measures,
Exactions. Assessments. Fees, Reservations. Dedications and Public Improvements. The City shall not impose any
conditions, mitigation measures, exactions, assessments, fees, reservations, dedications and/or public improvements as a condition of the Project Approvals or otherwise for the implementation of the Project not required as a Condition of E:IWPS'IOOCSlCA-OOCSlPROJECTSlw ... ANER\IIANCH8 .... AA '0.5-95
ATTACHMENT 3 - PAGE 17
Approval of Planned Development No. 94-8 relating to the Ranch Studio Lot and set forth in Exhibits "B-2" and "B" hereof or as set forth in this Agreement.
4 . 6 Infrastructure and Public Service Capaci tv. In
order to assure the adequacy of the infrastructure and public services necessary for the Proj ect, as set forth in the Project Report, the Site Plan and the EIR, the City shall (i) to the extent the City retains responsibility for completing the off-site infrastructure and public services necessary to serve any new building in the Planned Development, ensure that such infrastructure and public services are available in a timely fashion so as not to delay the occupancy of such building, and (ii) require projects outside of the Project Site which may significantly impact the infrastructure and public services necessary to serve the Planned Development to mitigate any such impacts in the manner required by CEQA and any other law, ordinance, rule or regulation, including, without limitation, bearing their appropriate share of any tax, assessment, fee or similar charge imposed to finance infrastructure or other public service or improvement.
4.7 Cooperation.
4.7.1 Proj ect Approvals. It is the express intent
of this Agreement that the parties cooperate and diligently work to implement any zoning or other land use, site plan, subdivision, grading or building approval or other Project Approval for the development of the Project Site, and City agrees to cooperate with Developer in implementing all
conditions of Project Approvals.
4.7.2 Other Governmental Permits. The Developer
may apply for such other permits and approvals as may be required from other governmental or quasi-governmental
agencies having jurisdiction over the Planned Development as may be required for the development of, or provision of services to, the Planned Development. The City shall assist and cooperate with the Developer in its endeavors to obtain such permits and approvals. Such permits and approvals may include, but are not limited to, (i) permits from the State of California Department of Transportation relating to freeway improvements; (ii) permits required for the construction of the street improvement program; and (iii) permits or approvals required for anticipated surface water runoff.
4.8 Project Approvals Independent. All Project
Approvals which may be granted pursuant to this Agreement, and all land use entitlements or approvals generally which have E:IWPS1IDOCSlCA-OOCSIPROJECTSlWARNEfMANCHa.MRA Page 17
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ATTACHMENT 3 - PAGE 18
been issued or will be granted by the City with respect to the Project Site, constitute independent actions and approvals by the City. If any provision of this Agreement or the
application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unen'forceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or
termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project Approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and conditions of approval. It is understood by the parties to this
Agreement that pursuant to existing law, such approvals and entitlements shall not remain valid for the term of this Agreement, but only for the term of such approvals and
entitlements. Accordingly, the Developer shall have the right to file such new entitlement applications on portions of the Proj ect where such previously approved approvals and
entitlements have expired. Any such new applications filed for the Project shall be reviewed in accordance with the Existing Development Regulations. To the extent not expressly held invalid or unenforceable, this paragraph shall 'survi ve the termination of this Agreement.
4.9 Review for Compliance. The City Planner shall
review this Agreement at least once during every twelve (12) month period following the Effectiv~ date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance or Planned Development Ordinance. During such periodic review by the City, the Developer shall be required to demonstrate, and hereby agrees to furnish, such evidence of good faith compliance with the terms hereof as the City may reasonably require consistent with commonly accepted building standards prevailing in the industry.
5. DEFAULT; REMEDIES; DISPUTE RESOLUTION.
5.1 Default and Remedy Provisions.
5.1.1 Notice of Default. In the event of failure
by either party hereto substantially to perform any material term or provision of this Agreement, the nondefaulting party shall have those rights and remedies provided herein, provided that such non-defaulting party has first submitted, by
registered or certified mail, return receipt requested, a written notice of default in the manner required by Section
7.1 hereof identifying with specificity the nature of the E:IWP51100CSlCA·OOCSlPAOJECTSlWAANERlRANCH8.MRA Page 18 1 ()'5-95
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alleged default and the manner in which said default may satisfactorily be cured.
5.1.2 Cure of Default. Upon the receipt of the
notice of default, the alleged defaulting party shall promptly commence to cure ·the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default not later than sixty (60) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default, provided that the alleged defaulting party commences such cure within thirty (30) days after receiving the notice of default and continuously and diligently pursues such remedy at all times until such default is cured.
5.1.3 Default by Developer. If, after the cure
period has elapsed, the City staff makes a preliminary
determination that the Developer remains in default and recommends that the City terminate or modify this Agreement, the City staff shall set a public hearing before the Planning Board in accordance with the notice and hearing requirements of Sections 31-19114 and 31-19106 of the Code and Government Code Sections 65867 and 65868. If, after public hearing, the Planning Board determines, on the basis of substantial
evidence, that Developer has not cured the alleged default pursuant to this Section 5, Developer shall be entitled to appeal that finding and determination to the City Council in accordance with Section 5.2.2. The Planning Board's decision that all defaults are cured may be appealed to City Council by either party.
If, after a hearing, the City Council
determines, on the basis' of substantial evidence, that the Developer has not cured the alleged default pursuant to this Section 5, the City may terminate or modify this Agreement to impose such conditions as are reasonably determined to be necessary to remedy the effect of the Developer's defaults.
There shall be no termination or modification of this
Agreement unless the City acts pursuant to Government Code Sections 65867.5 and 65868, irrespective of whether an appeal is taken as provided in Section 5.2.2.
5.1.4 Default by City. If the City does not
accept, process, or render a decision on the Project Approvals in a timely manner, in accordance with the terms of this Agreement, or the City otherwise defaults under the provisions of this Agreement, the Developer, upon a valid determination that City remains in default after the cure period has
elapsed, shall be entitled to exercise its remedies hereunder E:IWP51\DOCSlCA·DOCSIPAOJECTS\WARHERlRANCH8.MRA
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ATTACHMENT 3 - PAGE 20
including, without limitation, the right to terminate or modify this Agreement.
In addition to any other remedies of
Developer, Developer may, at its option, terminate or modify the terms of the Agreement to remedy the effect of City's default. If Developer desires to terminate or modify the terms of this Agreement, it shall request a processing of such modification pursuant to Government Code Section 65868 and City staff shall be required to present such requested
modifications thereof to City's Planning Board and the City Council at the earliest available public meeting thereof.
5.1.5 Remedies for Default. In the event of
default by either party hereunder, after expiration of all applicable notice and cure periods, the non-defaulting party shall have available all of the following remedies, which remedies shall be exclusive of all other remedies at law or in equity: suits for injunctive or declaratory relief, specific performance, or relief in the nature of mandamus, and
termination in accordance with the terms of this Agreement.
All of said remedies shall be cumulative and not exclusive of one another, and the exercise of anyone or more of said remedies shall not constitute a waiver or election in respect to any other available remedy.
5.2 Dispute Resolution.
5.2.1 Issuance of Interpretations by the Director.
Should a dispute arise between the parties concerning the proper interpretation of this Agreement, the City's Director of Community Development (the "Director") shall issue a written interpretation of the disputed provision of this Agreement within 30 days of receipt of a written request by the Developer, but only after consultation with the City Attorney, any affected City department, the Developer and counsel for the Developer.
5.2.2 Appeals of Interpretations. The Developer
may appeal any interpretation issued by the Director, or the failure of the Director to timely issue an interpretation, to the Planning Board, which shall act within 30 days of receipt of a written appeal. The Developer may appeal any
interpretation adopted by the Planning Board, or the failure of the Planning Board to timely adopt an interpretation, to the City Council, which shall act within 30 days of receipt of a written appeal.
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5.2.3 Litigation. If the City Council fails to
timely adopt an interpretation within 30 days after a written appeal is filed with the City Council by the Developer, or if the Developer contests any interpretation adopted by the City Council, the Developer may institute legal action, including, but not limited to, an action for declaratory relief pursuant to Code of Civil Procedure Section 1060 et seq, to interpret this Agreement after complying with the administrative
procedures of this subsection.
The parties agree that the Developer has a
fundamental vested interest in this Agreement and in the Project and that in the event the Developer seeks judicial review of the City's actions with respect to implementation, compliance, modification, or termination of this Agreement, such judicial review of the actions of the City shall be conducted by the court pursuant to the independent judgment test.
6. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.
6.1 Encumbrances on the Project Site. This Agreement
shall not prevent or limit the Developer, in any manner, at the Developer's sole and absolute discretion, from encumbering the Project Site or any portion thereof or any improvements thereon with any Mortgage securing financing with respect to the construction, development, use or operation of the
Project. The City acknowledges that a Mortgagee may require certain modifications to this Agreement, and the City agrees, upon request, from time to time, to meet with Developer and/or representatives of any such Mortgagee to negotiate in good faith any such request for modification. The City further agrees that it will not unreasonably withhold its consent to any such requested modification to this Agreement provided such modifications are processed in accordance with Subsection
7.9 related to procedures for amendment of this Agreement.
Any Mortgagee and its successors and assigns shall be entitled to the rights and privileges set forth in this section.
6.2 Mortgage Protection. This Agreement shall be
superior and senior to the lien of any Mortgage.
Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any
acquisition or acceptance of title or any right or interest in or with respect to the Project Site or any portion thereof by a Mortgagee (whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise) E:IWPS1100CSlCA·OOCSlPROJECTSlWARNERlRANCH8.MRA
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ATTACHMENT 3 - PAGE 22
shall be subject to all of the terms and conditions of this Agreement.
6.3 Mortgagee Not Obligated. No Mortgagee will have
any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that, to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder.
6.4 Notice of Default to Mortgagee; Right of Mortgagee
to Cure. City shall deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, within (10) days of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, for such period of time (but not less than ninety days after the receipt of such notice from City) as is
reasonably necessary to cure or remedy, or to commence to cure or remedy the default. If the default is ofa nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Project Site, such Mortgagee shall have the right to seek to obtain possession with diligence and
continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event less than sixty (60) days after obtaining possession. If any such default cannot, with
diligence, be remedied or cured within such sixty (60) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such sixty (60) day period, and thereafter diligently pursues and completes such cure.
6.5 Bankruptcy. Notwithstanding the foregoing
provisions of this Section 6, if any Mortgagee is prohibited from commencing or prosecuting foreclosure or other
appropriate proceedings in the nature thereof by any
injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving the Developer, the times specified in Subsection 6.4 for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. In addition, if this Agreement is rejected by the Developer .or otherwise terminated in connection with any such proceeding, then upon the request of any Mortgagee, a new development agreement upon the same terms and conditions of E:IWP51IDDCSlCA-DDCSlPROJECTSlWARNERlRANCH8.MRA
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ATTACHMENT 3 - PAGE 23
this Agreement shall be entered into between such Mortgagee and the City.
7. MISCELLANEOUS
7.1 Notices. All notices permitted or required
hereunder shall be effected upon personal delivery or upon being sent by registered or certified mail, postage fully prepaid, addressed to the following parties, or to such other address as any party may from time to time designate in writing in the manner as provided herein:
To City:
With a copy to:
To Developer:
With a copy to:
City of Burbank
275 E. Olive Avenue
Burbank, California 91502
Attn: Community Development
Director
Office of the City Attorney
City of Burbank
275 E. Olive Avenue
Burbank, California 91502
Attn: City Attorney
Warner Bros., a division of
Time Warner Entertainment
Company, L.P.
4000 Warner Boulevard
Building 154, Suite 112
Burbank, California 91522
Attn: Daniel P. Garcia, Esq.
Warner Bros. Inc.
4000 Warner Boulevard
Burbank, California 91522
Attention: John Schulman, Esq.
Paul, Hastings, Janofsky &
Walker
555 South Flower Street,
23rd Floor
Los Angeles, California 90071
Attn: Michael S. Woodward, Esq.
7.2 Enforcement. Unless amended, canceled or terminated as provided herein, this Agreement shall be enforceable according to its terms, notwithstanding any change in the City's applicable regulations which alters or amends the City's rules, regulations, design improvement and construction standards and specifications.
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7.3 Superseding State or Federal Law. In the event that any state or federal law or regulation enacted or adopted after the Effective Date of this Agreement, or other action of any governmental entity not under the control of the City, shall prevent or preclude compliance with any of, the provisions hereof, such provisions shall be modified or suspended only to the extent and for the time necessary to achieve compliance with said law, regulation or other governmental action, and the remaining provisions of this Agreement shall be in full force and effect. Upon repeal of said law, regulation or other governmental action or occurrence or other circumstances removing the effect thereof upon this Agreement, the provisions hereof shall be restored to their full original effect.
7.4 Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk-outs, riots, floods, earthquakes, the discovery and resolution of significant geologic, hydrologic, archaeologic or paleontologic problems on the Project Site, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, litigation not commenced by a party to this Agreement claiming the enforced delay, governmental restrictions or priority, unusually severe weather, acts of another party, acts or the failure to act of ~ any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. If, however, notice by the party claiming such extension is sent to the other party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the City and the Developer.
7.5 Bindinq Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Project Site, and their respective assigns, heirs or successors in interest.
7.6 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, the Developer is acting as an independent entity and not as an agent of the City in any respect.
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7.7 Agreement Not to Benefit Third Parties. This
Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement.
7.8 Covenants, No Dedication or Lien. The provisions of this Agreement shall constitute covenants which shall run with the land comprising the Project Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. Nothing herein shall be construed as a dedication or transfer of any right of interest in, or as creating a lien with respect to, the title to the Project Site.
7.9 Amendment of Aqreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868, provided that any amendment to this Agreement which does not materially affect the term, permitted uses, density or intensity of use, location of uses, height or size of buildings, provisions for reservation, dedication and improvement of land for public purposes, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by the Developer or any conditions or covenants relating to the use of the Project Site shall not reqUire notice or public hearing before the parties may execute an amendment hereto.
7.10 Cooperation in the Event of a Legal Challenge. In the event of any court action or proceeding challenging the validity of this Agreement, the Developer shall indemnify, hold harmless, pay all costs actually incurred, and provide defense in said action, with counsel reasonably satisfactory to both the City and the Developer. The City shall cooperate with the Developer in any such defense as the Developer may reasonably request.
7.11 Interim Uses. The City agrees that the Developer may use the Project Site during the term of this Agreement for any Less Intensive Use, as defined herein, which is otherwise permitted by the Planned Development. Less Intensive Uses shall be defined as 1) those uses permitted in the Planned Development Zone; and 2) a temporary structure not intended to be used for a time which exceeds the then remaining term of the agreement; only structures visible E:IWP51IOOCSlCA·OOCSlPROJECTSlWARNERlAANCH8.MAA Page 25 1()'5·95
ATTACHMENT 3 - PAGE 26
from public right of way shall undergo the limited architectural review required by section 4.3.
7.12 No Waiver. No waiver of any provision of this
Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforce~ent of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof.
7.13 Severability. If any term, provision, covenant or
condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties.
7.14 Cooperation in Carrying Out Agreement. Each party
shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.
7.15 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested.
A party receiving a request hereunder shall execute and return such certificate within fifteen (15) days following the receipt thereof.
The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. Failure to deliver such statement within such time shall constitute a conclusive presumption against the party which fails to deliver such statement that (i) this Agreement is in full force and effect without modification, except as may be represented by the .requesting party, and (ii) there E:IWP51\ooCSlCA·DDCSlPROJECTSlWARHERlRANCH8.MRA
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are no uncured defaults in the performance of the requesting party, ~ except as may be represented by the requesting party.
7.16 Termination by Developer. The Developer may terminate this Agreement at any time upon thirty (30) days' notice to the City in accordance with the procedure set forth in Government Code Section 65868.
7.17 Construction. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa.
7.18 Recordation. Notwithstanding the provisions of
Section 65868.5 of the Government Code, Developer shall provide the City with proper recordation fees, and the City shall cause the recordation of the Agreement.
7.19 Captions and References. The captions of the
paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein toa paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement.
7.20 Time. Time is of the essence in the performance of '~ this Agreement and of each and every term and condition hereof as to which time is an element.
7.21 Entire Aareement. This Agreement, including all
Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof.
7.22 Exhibits. Exhibits "A", "B,", "B-1", "B-2", "C," and "D" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Exhibit" B," the conditions of approval, contains ~ pages and ~ conditions. Said exhibits are identified as follows:
A. Legal Description of Project Site
B. Planned Development No. 94-8 Conditions of
Approval
B-1 Depiction of Project Site
B-2 Ranch Lot Development Guidelines
C. Map of Neighborhood Protection Area
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ATTACHMENT 3 - PAGE 28
D. Mitigation Monitoring Program
7.23 Siqnature Paqes. For convenience the parties may
execute and acknowledge this agreement on separate signature pages which, when attached hereto, shall constitute this as one complete Agreement.
7.24 Inconsistency with Exhibits. In the event that any inconsistencies exist between Exhibits A-D and pages 1-28 of the Agreement, then the latter shall prevail.
IN WITNESS WHEREOF, the Developer and the City have
executed this Agreement as of the date first hereinabove written. "CITY"
BANK,
1 corporation
By:
~07B~ER~T-=R-.~O~VR~O~M~---------
City Manager
Approved as to form:
Mary/F. Riley
Assistant City Attorney
Attest:
Margaret M. Lauerman
City Clerk
E:IWP51\ooCSlCA·OOCSlPROJECTSlWARNERlRAHCH8 ... AA
10.5-95
"DEVELOPER"
WARNER BROS. INC.,
a Delaware corporation
BY4,'/e~
DANIEL P. GARCIA
Senior Vice President
Real Estate Planning and Public
Affairs
ATTACHMENT 3 - PAGE 29
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On October 9, 1995
DATE
before me, Lucinda M, Towles, Notary Public
NAME, TITlE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared _D_a_n_i_e_l_P_,_G_a_r_c_i_a _________________ _
NAME(S) OF SIGNER(S)
[]l personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac
knowledged to me that he/she/they executed
••••••••••••• *f
1@"'_"POLUCINDAM'TOWlES ::( l.~-:~ COfv1M.# HXl57~5. ~
z : -'t, '. .ll"JoIO~ ~ublic - Ca~fomta ~
z '~'. / lOS ANGELES COUNr,!
" .. 0 .. •• 'My Comm. Expires OCT 3,1997
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
No. 5907
---------- OPTIONAL ----------
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
[XJ CORPORATE OFFICER
Sr. Vice President, Real Estate
TITLE(S)
o PARTNER(S)
D ATTORNEY-IN-FACT
D TRUSTEE(S)
o LIMITED
o GENERAL
D GUARDIAN/CONSERVATOR
D OTHER: ----------------------
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATIACHED DOCUMENT
Development Agreement
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION' 8236 Remme! Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 ATTACHMENT 3 - PAGE 30
ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF hOS ANGELES }ss.:
On /1/22/9\ before me, ~R. Tessier, a notary public,
personally appeared j?cbf'd ,"K: () () I4:Ih -
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
J .i)~ .,. t • • /R"~~: ttl wITNE1ss JmY;hand and official seal.
I . . .... _.. COMM # 1033291 z .
:( i.;.:;:.Jf.: \ NotorypubiiC - CaUfomlo ! )'0' .. ~ : ~-,~ -, LOS ANGELES COUNlY , II " ;" 0'':.'' My Comm. E~plr8S JUL 27. 1998 ./ /1 I '
.I;, /Ji1./L {,t~
--~-,~,--~~----~----------
1'-
ATTACHMENT 3 - PAGE 31
EXHIBIT A.
Legal Description of Project Site
ATTACHMENT 3 - PAGE 32
'" . . LEGAL DESCRIPTION
WARNER BROS. • RANCH
DP5
The land referred to in this policy is situated in the County of los Angeles, State of California. and is more particularly described as follows:
PARCEL 2. in the City of Burbank, County of los Angeles. State of California. as shown on Parcel Map No. 4682. filed in Book 53 Page 94 of Parcel Maps, in the office of the County Recorder of said County. . -
EXHIBIT A - SHEET 1 OF 1
ATTACHMENT 3 - PAGE 33
EXHIBIT B
. Planned Development No. 94-8 Conditions of Approval
ATTACHMENT 3 - PAGE 34
Definitions
CONDITIONS OF APPROVAL
Planned Development No. 94-8
Warner Bros. Ranch studio Lot
1. As used in these conditions, the following terms shall be defined as follows:
a. "Certificate of Occupancy" includes any temporary
or permanent certificate of Occupancy issued by
the City for a Master Plan Project.
b. "cumulative Master Plan Projects" is all Master
Plan Projects development occurring on the Main
and Ranch Lots following approval of Planned
Development Nos. 94-7 and 94-8 for the Main Lot
and Ranch Lot, respectively.
c. "In-Lieu Credit" means the reduction in the amount
of Transportation Improvement Fees charged Master
Plan Projects due to implementation by Warner
Bros. of transportation improvements which qualify
as permitted expenditures under Article 22 of the
Burbank Municipal Code (BMC). The reductions
shall be calculated according to BMC Section
31-2211 b.
d. "Main Lot" includes the following component
properties: the Warner Bros. studio property
generally bounded by Cordova st., Warner Blvd.,
California st., the Los Angeles River, and Olive
Ave.; the area presently utilized as a surface
parking area situated to the west of Olive Avenue,
centered on Franklin Avenue; and the sites of the
existing Triangle and Glass Buildings, located to
the north of Olive Avenue, at Maple Street.
e. "Master Plan Projects" means the development
permitted by Planned Development Nos. 94-7 and 94-
8 on the Main Lot and Ranch Lot, respectively.
f. "Media Office Buildings" means office buildings
serving the media/entertainment industry.
g. "Media Related Uses" includes office buildings
serving the media/entertainment industry and
studios for broadcasting or recording and motion
picture production, sound stages, technical space,
ATTACHMENT 3 - PAGE 35
warehousing for media equipment and related
workshops, and any other uses as judged by the
City Planner to be incidental to those listed
above.
h. "Net New OE-GSF" is the total increase in OE-GSF
above the existing OE-GSF on the Main Lot and the
Ranch Lot upon the approval of Planned Development
Nos. 94-7 and 94-8. Calculation of the net new
OE-GSF considers both the increases due to
construction and the decreases due to demolition.
Unless otherwise specified, it includes all
CUmulative Master Plan Projects on both the Main
Lot and the Ranch Lot.
i. "Office-Equivalent Gross Square Feet" or "OE-GSF"
is a concept which allows more floor area for
specific uses which generate less peak-hour trips
per square foot than general office buildings. It
utilizes the office equivalency factors set forth
in BMC section 31-2107(a) (2).
j. "On-site Incidental Uses" means incidental retail,
eating establishments, commissaries, automobile
service station, health facilities and childcare
facilities which exclusively serve employees and
their quests, and any other uses as judged by the
City Planner to be incidental to those listed
above.
k. "Production-Related Studio Buildings" are
buildings or structures designed for sound stage,
warehouse, workshop, technical space, animation
studios, backlots, wardrobe facilities or office
space directly associated with studio operations
for broadcasting or recording and motion picture
production.
1. "Project Study Report" or "PSR" is a report
prepared in the format acceptable to the State of
California, Department of Transportation for
purposes of evaluating potential improvements to a
state of California transportation facility.
m. "Ranch Lot" is the Warner Bros. studio property
bounded by Verdugo, Pass, Oak and Hollywood Way,
llaDch Loc/QwvlirioM of Approval
10105/9S -2-
ATTACHMENT 3 - PAGE 36
excluding the shopping center located at Verdugo
and Hollywood Way.
n. "studio Office Buildings" are office buildings
housing office space directly associated with
studio operations for broadcasting or recording
and motion picture production, such as studio
administration and producers office buildings.
o. "Transportation Demand Management Plan" is a plan
prepared by the applicant (or their successor in
interest) for the purpose of reducing and
controlling the number of vehicle trips generated
from the Master Plan sites.
p. "Transportation Improvement Fees" means fees
assessed by the City against Master Plan Projects
to pay for improvements to the City and regional
transportation systems. This includes fees due
under BMC sections 31-2217 through 31-2223.
Terms not defined herein shall have the meanings and
definitions set forth in the BMC, if defined therein.
Land Use and Aesthetics
2. Design standards. Prior to issuance of building
permits on the Ranch Lot, the project applicant shall
adhere to the design standards contained in the Media
District Specific Plan (MDSP) that include, but are not limited to, the following:
a. The scale of building elements should be carefully
related to adjacent pedestrian areas and
buildings. Buildings should be designed so that
the height and massing contributes to human-scaled
pedestrian walkways along major public streets.
b. Arcades, canopies, non reflective paving and
artificial illumination shall be utilized to
overcome the problem of glare to the extent
possible. Building elevations with 50 percent or
more of the building surface in glass or other
reflective materials shall be limited to a maximum
of 15 percent reflectivity for these materials.
Building elevations with less than 50 percent of
the building surface in glass or other reflective
Jl.tDda La&lCondjtjcwuo 01 Approval
l()(OSJ9S -3-
ATTACHMENT 3 - PAGE 37
c.
d.
materials shall be limited to a maximum of 20
percent reflectivity for those materials.
Proportion of buildings and components of
buildings should, to the greatest extent possible,
relate to dominant patterns in the immediate
visual environment.
To lessen the appearance of excessive bulk, the
following techniques may be used: varying the
planes of the exterior walls in depth and/or
direction; varying the height of the building so
that it appears to be divided into distinct
massing elements; articulating the different parts
of a building's facade by use of color,
arrangement of facade elements; and using
landscaping to lessen the impact of an otherwise
bulky building.
3. Development Guidelines. The Ranch Lot has been divided into the following 2 development subareas, as shown on
the Ranch Lot Development Subareas diagram attached as
Exhibit B-1:
Subarea 1 - Production - the portion of the
Ranch Lot generally lying north of the mid
block Hollywood Way access gate.
Subarea 1 - studiO/Office Backlot - the
portion of the Ranch Lot generally lying
south of the mid-block Hollywood Way acccess gate.
Prior to issuance of building permits on the Ranch Lot
for new development, and except as provided below for
the development subareas, new development shall adhere
to the development standards of the Media District
Specific Plan for the MDM-1 Media District Industrial
Zone which include, but are not limited to, the
following:
IaDch LaclCa.dition· of Approval
10/11m -4-
ATTACHMENT 3 - PAGE 38
a. Trees shall be planted in areas of public view
adjacent to and along side and rear building
lines. The standard shall be one tree for every
20 linear feet of front and exposed side yard.
All required trees shall be a minimum 24-inch box
size, unless otherwise required by these
conditions or by the Director of Parks and
Recreation. Existing trees that must be removed
to allow for project development shall be
replanted/relocated to the extent reasonably
feasible.
b. The maximum allowable height for all commercial
and industrial structures, unless otherwise
specified in the Development Guidelines, shall be
determined by its distance from R-1, R-1-H, or R-2
zoned property, as follows:
c.
25 ft.
35 ft.
50 ft.
70 ft.
25-50 ft. distance
50-150 ft.
150-300 ft.
300-500 ft.
The m~n~mum setback from a street right-of-way
shall be a minimum of 5 ft.; buildings taller than
25 ft. in height shall have average setbacks equal
to 20% of the building height.
d. Combinations of berming, landscaping, walls and
buildings shall be used to screen loading areas,
storage areas, trash enclosures and utilities from
public view.
e. Walls and fences shall be designed to complement
the building's architecture and that of adjacent
fences and walls through the use of similar
materials and construction details.
4. Additional Requirements Pertaining to entire Ranch Lot Site. The following development guidelines shall be
followed for new development:
a. Studio-related bus parking shall be prohibited on
residential streets.
Imch LocICavIirion, 01 Approval
ullosm -5-
ATTACHMENT 3 - PAGE 39
b. No placement of dumpsters or any type of building
HVAC equipment shall occur within any required
setback areas for parking structures.
c. A construction parking plan for contractors and
subcontractors shall be approved by the Community
Development Department Director prior to the
issuance of a building permit for any new
construction. The parking plan shall be submitted
as part of the confirmation of compliance process
referenced in the development agreement.
5. Subarea 1 - Production Subarea. The following
development guidelines shall be followed for new
development:
a. Uses. Production-Related studio Buildings and
related parking lots and structures.
b. Density. 44,000 OE-GSF of net new development.
a. Height and Setbacks. See Ranch Lot Development
Guidelines chart attached as Exhibit B-2.
b. Landscaping. Landscaping shall generally be
provided in required setback areas adjoining new
buildings, as specified in Condition 3, above,
utilizing a mix of trees (24-inch minimum box
size). The existing ivy covered fence along Pass
and Verdugo Avenues shall be maintained as the
landscaping for this area.
6. Studio Office Backlot Subarea. The following
development guidelines shall be followed for new
development:
a. Uses. studio Office Buildings, Production-Related
studio Buildings, related parking lots and
structures, On-site Incidental Uses, and other
uses permitted by section 31-2104 of the BHC.
b. Density. 705,000 OE-GSF of net new development.
See Ranch Lot Development Guidelines chart
attached as Exhibit B-2. (Note: Although not
required by these conditions of approval, Warner
Bros. has proposed to decrease the density in this
-6-
ATTACHMENT 3 - PAGE 40
subarea to 645,000 OE-GSF by merging two of its
proposed buildings.)
c. Height and Setbacks. See Ranch Lot Development
Guidelines chart attached as Exhibit B-2.
d. Landscaping. The required setback areas adjoining
new development shall be landscaped, utilizing a
mix of trees (24-inch minimum box size) and other
plants. While the site may otherwise be secured
by means of a wall or fence to restrict public
access, the 50-foot landscaped setback area
situated between Hollywood Way and the two
adjacent studio office buildings shall
substantially conform to the rendering on page 255
of the EIR.
a. security. Access to any parking structure shall
be controlled by Warner Bros. security personnel.
No unsupervised parking by the general public
shall be permitted. Low level security lighting
shall be provided.
7. Documentation of the existing administration building on the Ranch Lot to the standards established in the
Historic American Building Survey (HABS) shall be
completed prior to the removal of this building.
8. The EIR and the Historic Property and Architectural
Survey Reports identified the following 2 buildings on
the Ranch Lot as being resources which meet one or more of the criteria for being potentially eligible for the
National Register of Historic Places: buildings 5 and 7 (film vaults). Prior to any removal or significant
alteration of these buildings, a further study shall be performed to determine whether documentation of the
existing building or structure to the standards
established in the Historic American Building Surveyor
Historic American Engineering Record (HABS/HAER) is
adequate mitigation for the action being proposed.
Traffic and Circulation
9. The following measures shall be installed, or caused to be installed, by Warner Bros. prior to issuance of a
Certificate of Occupancy for any building causing the
net new development on the two sites to equal or exceed ltaDcIa LdlCmditioal of Approval
10l0S/9S -7-
ATTACHMENT 3 - PAGE 41
the indicted threshold. Notwithstanding the above, the
certificate of Occupancy for a building shall not be
withheld if Warner Bros. has put forward its best
efforts to complete the improvement in a timely
fashion.
If implementation of any of the mitigation measures
below are delayed by factors beyond the control of the
city and Warner Bros., if a measure is rejected by a
relevant jurisdiction, or if a measure has been
implemented by others, the City may substitute
implementation of another transportation improvement
measure, provided that such a measure is of an equal or lesser cost. Alternatively, the City may collect any
Transportation Improvement Fees in accordance with
Article 22 of the BMC, rather than requiring an
"in-lieu" measure be implemented if the fees collected
from Warner Bros. are adequate to cover the cost of the needed improvement. Delays, rejections and other
factors which are beyond Warner Bros. control shall not be used as a reason to withhold a Certificate of
Occupancy.
Wherever the City Traffic Engineer's approval is
required by a condition of approval, implementation of
the mitigation measure shall be reviewed and included
at each annual review of the Development Agreement.
A. Phase lea) Roadway Improvements (up to SOOK Net New
OE-GSF)
10. Verdugo Avenue/Hollywood Way - Warner Bros. shall
install dual left-turn lanes on Verdugo Avenue
eastbound, at Hollywood Way, to decrease potential
cut-through traffic north of the Ranch. (200,000 Net
New OE-GSF at the Ranch Lot and upon approval of the
city Traffic Engineer.)
11. Warner Boulevard/Riverside Drive Signal Warner
Bros. shall install a demand activated traffic signal
at the intersection of Riverside Drive with Warner
Drive and no right-turn-on-red signs shall be posted
for eastbound Warner Boulevard at Riverside Drive. The
improvement may include restriping portions of
Riverside Drive and Warner Boulevard within the
existing roadways. (200,000 Net New OE-GSF at the Main
Lot and approval of the City Traffic Engineer.) The
RIDch Loc/Calditioaa of Approval
10105195 -8-
ATTACHMENT 3 - PAGE 42
traffic signal at Warner Boulevard and Riverside Drive
shall be activated on both Warner Boulevard and
California to allow breaks in traffic as necessary to
permit northbound California street traffic to easily
make left turns onto westbound Riverside Drive.
12. I-5/SR-134 Connector This improvement is listed in
the City of Burbank Infrastructure Blueprint as a
future measure, and involves the construction of new
eastbound-to- northbound and southbound-to-westbound
connector ramps between the Ventura and Golden state
Freeways, approximately 2~ miles east of the project.
Further, the I-5/SR-134 connector ramps will allow for
a primarily freeway-oriented travel route from the west to and from the Burbank-Glendale-Pasadena Airport, when combined with Airport-to-freeway access enhancements
planned by the Airport. Currently, Airport traffic
from the south and west is directed along Pass Avenue
and Hollywood Way, exacerbating local congestion and
neighborhood intrusion problems. Warner Bros.' direct
contribution to the improvement is limited to $25,000.
(This does not limit the portion of the Transportation
Improvement Fees paid by Warner Bros. to the City which can be used to fund this improvement.) This
contribution is to be paid at 500,000 Net New OE-GSF.
B. Phase I(b) Roadway Improvements (up to 1.OK Net New
OS-GSP)
13. Signal Control Systems Improvement The City-wide
Infrastructure Blueprint contains provisions for
implementation of a demand-response, computerized
signal control system. This system may be implemented
as an extension of the city of Los Angeles' Automated
Traffic Surveillance and Control (ATSAC) system.
Warner Bros. shall assist the City in designing and
installing the signal control system within the Media
District and adjacent portion of the Hollywood Way
Corridor. This area is defined as all signals within
the area generally bounded by the western City limit,
Magnolia Boulevard, Keystone Street and the southern
City limit. Warner Bros shall prepare designs
satisfactory to the city Engineer for the remaining
interconnect facilities, upgrades to individual
intersection signal controllers, and the computerized
control room (or upgrades to the existing control room
if part of the ATSAC system) which are needed to
-9-
ATTACHMENT 3 - PAGE 43
implement the demand-response, computerized signal
control system. (Design to be initiated within two
years of approval of the Master Plan and completed with five years of approval of the Master Plan.)
14. Verdugo Avenue/Clybourn Avenue Install a traffic
signal at this location. (600,000 Net New OE-GSF at
the Ranch Lot and approval of the city Traffic
Engineer)
15. Olive AvenuelPass Avenue Provide two through lanes
and a right/through optional lane on the westbound
approach of Olive Avenue during both peak periods to
provide an additional through lane. Widen and realign
the southbound approach of Pass Avenue and restripe to
provide an exclusive left-turn lane and triple
southbound right-turn lanes. Restripe the eastbound
approach of Olive Avenue to provide a second left- turn lane. Provision of this turn lane may require some
roadway widening on the south side of Olive Avenue.
Any right-of-way necessary to maintain the parkway
width as required by the Media District Specific Plan
shall be provided by developer. Install a right- turn
overlap signal phase with the eastbound left-turn
phase. (650,000 Net New OE-GSF)
16. SR-134 Media District Ramps PSRs In order to
enhance regional access to the Media District, two new
access ramps from the Ventura Freeway were included in
the City-wide Development Fee Nexus Study. These ramps
will provide additional westbound on-ramp access to the Ventura Freeway from Alameda Avenue (at the existing
westbound off-ramp location near Cordova street) and an eastbound off-ramp to Hollywood Way, north of Riverside Drive.
a.- Fund Alameda Avenue westbound on-ramp Project
study Report, PSR (700,000 Net New OE-GSF)
b.- Fund Hollywood Way eastbound off-ramp PSR
(700,000 Net New OE-GSF)
17. Cahuenga Boulevard West1US-10l southbound On/Off Ramps Restripe this intersection to provide a second
eastbound left- turn lane. Some minor widening of the
on-ramp within the existing right-of-way may be
I.a LacJQxaditical of Approval
UIJOSI9S -10-
ATTACHMENT 3 - PAGE 44
necessary to provide sufficient "receiving" width.
(770,000 Net New OE-GSF)
18. Cahuenga Boulevard East/Lakeridge Place Widen
within the existing right-of-way and restripe Cahuenga
Boulevard East to provide a free right-turn receiving
lane from Lakeridge Place. Modify the STOP control for
Lakeridge Place to permit the free right-turn movement. (810,000 Net New OE-GSF)
19. Alameda Avenue On-Ramp to Westbound SR-134 Warner
Bros. shall contribute a total of $501,000 (including
the cost of the PSR funded earlier in Phase
I(b»,towards the planning and construction of this
ramp (810,000 Net New OE-GSF or at the time of
construction, whichever is later)
20. Barham Bou1evard/Cahuenga Boulevard East
Reconfigure the westbound approach of Cahuenga
Boulevard East to provide an exclusive left-turn lane,
one through lane, and dual right-turn- only lanes.
Roadway flaring within the existing right-of-way will
be necessary. (920,000 Net New OE-GSF)
21. Barham Boulevard/Forest Lawn Drive Restripe the
eastbound approach to provide a left-turn-only lane, a
left/through optional lane, a through lane and a
through/right optional lane. Provide a suitable
transition within the existing right-of-way on the east leg for a reduction from three to two eastbound travel
lanes. (940,000 Net New OE-GSF)
22. Alameda Avenue/Buena Vista street Restripe and
flair the intersection to provide for a third through
lane in all four directions. (1,000,000 Net New
OE-GSF)
c. Phase II(a) Roadway Improvements (up to 1.7M Net New
OE-GSF)
23. Forest Lawn Drive/SR-134 On/Off-Ramps Restripe
southbound Forest Lawn Drive within the existing
right-of-way between the westbound freeway on and
off-ramps and Zoo Drive to provide two through lanes.
Some minor pavement widening within the existing
right-of-way may be necessary to accommodate this
second lane. (1,010,000 Net New OE-GSF)
Raadl Lat/('mdirima 01 Approval
101QS/95 -11-
ATTACHMENT 3 - PAGE 45
.,-.
24. Barham Boulevard/Cahuenqa Boulevard west Restripe
the westbound approach at this intersection within the
existing right-of-way to provide an additional through
lane. (1,070,000 Net New OE-GSF)
25. Hollywood way/Olive Avenue/Warner Bros. Main Entrance The northbound studio exit shall be constructed to
provide a left-turn only lane, a through lane and a
through/right optional lane. The southbound approach
shall be restriped to add an exclusive left-turn lane
for a final configuration of one left-turn only lane,
one through lane, one through/right shared lane and one right-turn only lane. The eastbound approach shall be
restriped to provide dual left-turn lanes, one through
lane and one through/right optional lane. The
westbound approach shall be restriped to provide one
left-turn only lane, one through lane and one
through/right optional lane. These improvements will
require median island and signal modifications.
(1,270,000 Net New OE-GSF)
26. Riverside Drive/Cahuenga Boulevard Remove parking
and restripe the northbound approach of Cahuenga
Boulevard to Riverside Drive to provide a separate
right-turn-only lane. (1,390,000 Net New OE-GSF)
27. Barham/Cahuenqa Corridor Improvements The Barham
Boulevard/ Cahuenga Boulevard Corridor has been the
subject of numerous improvement proposals over the
course of the last decade, most recently in the
Barham/Cahuenga Corridor PSR, dated May 18, 1994. This
"bottleneck" route constitutes the greatest
transportation constraint in the project vicinity, and
improvements to these facilities are imperative in
order to effectively serve the existing and anticipated future demand in the area. To this end, Barham
Boulevard between the city of Burbank and Cahuenga
Boulevard East is proposed to be improved to
accommodate a "reversible lane", to provide a third
through lane in the peak travel direction (southbound
in the morning; northbound in the afternoon). Lastly,
the intersection of Cahuenga Boulevard and the
southbound Hollywood Freeway ramps (north of Barham
Boulevard) is proposed to be improved by the
implementation of dual left-turn lanes from southbound
Cahuenga Boulevard to the Freeway on-ramp, within the
existing right-of-way. These improvements are designed
IIaada lcIl/C'radjcjmt at Approval
10(05/95 -12-
ATTACHMENT 3 - PAGE 46
to enhance regional mobility through improvements which both reduce local congestion and improve access on the
regional transportation system.
a. To date, Warner Bros. has participated in the
improvement of this corridor since 1985. In
addition to the $112,000 that Warner Bros.
has extended to complete the PSR, Warner
Bros. has provided over $1,000,000 in
conjunction with other studios to facilitate
planning of the needed improvements. No
Transportation Improvement Fee credit has
been applied for or granted for these
expenditures to date nor will any be granted,
with the exception of the $112,000 credit for
the PSR mentioned above. Warner Bros. will
continue to participate in the planning for
implementation of the Barham Bridge Widening
Program. After adoption of this Planned
Development, Barham Corridor improvements
implemented by Warner Bros., which are on the
City of Burbank's Infrastructure Blueprint,
will be eligible for in-lieu credit.
b. Warner Bros. shall fund an amount not to
exceed $2,000,000 for the construction of the
Barham Bridge improvement and reversible
lane; (it is understood that Warner Bros.'
contribution is only a portion of the
contribution which will ultimately be the
responsibility of the City of Burbank).
These funds are to be used exclusively for
improvements to Barham Boulevard, the Barham
Boulevard bridge over US-l0l, and
intersections of Barham Boulevard with other
public streets. (1,500,000 Net New OE-GSF or
at the time of construction, whichever is
later)
28. Barham Boulevard/Forest Lawn Drive The eastbound
approach should be reconfigured to provide dual
left-turn lanes and an additional through lane, within
the existing right-of-way. The westbound approach will
be reconfigured to provide two left-turn-only lanes, a
left/through optional lane, a through lane and a
right-turn-only lane. The northbound and southbound
approaches should be reconfigured to provide three
bda l.dI('qyIjrime fIl Apprvo1
U)(OSI9S -13-
ATTACHMENT 3 - PAGE 47
through lanes and dual left-turn lanes in both
directions plus a northbound right-turn-only lane.
Some roadway widening within the existing rights-ot-way and continued use of east-west opposed signal phasing
will be necessary for implementation of this
improvement. (This improvement to be installed in
conjunction with the reversible lane along Barham
Boulevard to the south)
29. Alameda Avenue/Pass Avenue Restripe the westbound
approach and install parking prohibitions to permit the installation of an exclusive right-turn-only lane at
this intersection. Re-phase the traffic signal to
provide a westbound right-turn phase in conjunction
with the southbound left-turn indication. (1,650,000
Net New OE-GSF)
30. Oak street/Hollywood Wav Restrict parking adjacent
to the Ranch studio Lot to the satisfaction of the City Traffic Engineer and restripe Oak street to provide
separate left-turn-only lanes in both the eastbound and westbound directions at Hollywood Way. (1,650,000 Net
New OE-GSF)
31. Implement signal Control System Improvements
Implement the improvements needed for the
demand-response, computerized signal control system
designed in Phase I(b). This implementation is to
include all signals within the area outlined above.
Total Warner Bros. responsibility for this
implementation is to be limited to $1,100,000.
(Implementation is to be completed prior to a
certificate of occupancy being issued for more than
1,700,000 Net New OE-GSF)
D. Phase II(h) Roadway Improvements (project completion of
2.6X Net New OE-GSF)
32. Cahuenga Boulevard West/Woodrow Wilson Drive/Mulholland Drive This AT SAC traffic signal shall be connected
to the City of Los Angeles' ATSAC system. (1,840,000
Net New OE-GSF)
33. Hollywood Way Off-Ramp from Eastbound SR-134 Warner Bros. shall contribute a total of $655,000 (including
the cost of the PSR funded in Phase I(b»,towards the
J.da Loc/Cooditioaa of Approval
10t'OSJ95 -14-
ATTACHMENT 3 - PAGE 48
construction of this ramp. (1,960,000 Net New OE-GSF
or at the time of construction, whichever is later)
34. Alameda Avenue/Buena Vista street Reconfigure the
westbound and eastbound approaches at this intersection to provide dual left-turn lanes, two additional through lanes and a right/through optional lane in each of
these directions. Reconfigure the northbound and
southbound approach to provide dual left-turn lanes,
two through lanes and one right-turn-only lane in each
of these directions. Some localized flarings requiring
additional right-of-way may be necessary to implement
this improvement. (2,620,000 Net New OE-GSF)
35. Hollywood way/Alameda Avenue Restripe the
northbound and southbound approaches to provide dual
left-turn lanes, one through lane, one through/right
optional lane and one right-turn-only lane on each
approach. Modify the signal to provide a westbound
right-turn overlap phase concurrent with the southbound left-turn phase. (2,620,000 Net New OE-GSF)
B. Transportation Demand Management (TDM) Plan
36. Warner Bros. shall maintain a Transportation Demand Management (TDM) plan designed to, at minimum, reduce
peak hour traffic generation by fifteen (15) percent.
The base level from which the peak hour reductions are
to be calculated is the applications of the General
Office Building (Code 710) formulas in Trip Generation, Institute of Transportation Engineers, Washington,
D.C., 5th Edition, 1991, as separately applied to the
OE-GSF then existing on the Ranch Lot and on the Main
Lot. Additionally, Warner Bros. shall comply with the
trip reduction provisions of the Media District
Specific Plan and South Coast Air Quality Management
District Rule 1501, as long as those requirements
remain in effect. Further, Warner Bros. shall employ
measures designed to reduce the vehicle miles of travel (VMT) generated by the project. The menu of measures
contained within the Warner Bros. Studios Master Plan
Environmental Impact Report (EIR) shall serve as a
guideline for the TDM and VMT reduction programs.
7. Shuttle/Transit Improvements
Jt-=iI LclUOxvIiricm of Approval
lOfOSJ95 -15-
ATTACHMENT 3 - PAGE 49
37. Warner Bros. Shuttle Service During a week of high
activity, mutually agreed upon by the City and Warner
Bros., the studios shall examine their parking/visitor
records each year to determine the number of Main Lot
employees traveling to and from the Ranch Lot and Ranch Lot employees traveling to and from the Main Lot. At
any time in which the average number of vehicle trips
exceed 160 per day (i.e., 20 per hour during an
eight-hour workday), the studios shall implement and
maintain a shuttle service between the two sites.
38. Metro Rail Shuttle Upon completion of the Universal City Metro Rail station, and initiation of Metro Rail
passenger services, the Media District Transportation
Management Organization (TMO) will be requested to
transit-evaluate the service between the station and
the Media District. If service is not provided on a
headway of 20 minutes or less during the hours of 7:00
AM to 9:00 AM and 4:00 PM to 6:00 PM on weekdays, the
TMO and/or local public entity may choose to implement
a shuttle service. In that event, Warner Bros. shall
be required to provide funding for acquisition of up to two shuttle vehicles, with the total cost not to exceed $250,000. Other than as generally applicable to all
properties within the Media District, Warner Bros. will not be responsible for funding the operating and
planning costs for the shuttle service. Mobile source
emission credits earned by such a service shall be
retained by the operator of the service.
39. Flexible Transit Service In order to improve
transit service to the Hollywood Way Corridor and
reduce vehicular traffic, a flexible transit service
may be implemented by the City. Should a north-south
service be implemented within an area generally bounded by the western city limits, the northern city limits,
the Golden state Freeway, Buena Vista street, and the
Ventura Freeway, Warner Bros. shall be required to
provide up to $250,000 for capital equipment as local
matching funds. These funds would be required at such
time as a grant or local funding is awarded. Mobile
source emission credits earned by such a service shall
be retained by the operator of the service.
G. parking Requirements
JI-=b LaclCavlitiou « Approval
10105/95 -16-
ATTACHMENT 3 - PAGE 50
40. Initial Parking Levels Except as provided below,
Warner ·Bros. shall provide parking spaces for each
building at the following rates for "uses not
specified" in the MDSP, per 1,000 square feet of actual gross building area:
Office
Post Production
support
storage
operations
stage
2.7 2.7
0.9 0.9
0.9 2.7
41. Adjustment ofParkinq Ratios Should Warner Bros.
determine that parking demand has substantially
decreased due to the TOM program and/or other studio
management programs, the studios may apply to the City
for an adjustment in the above parking rates. The
application shall include counts conducted on at least
5 consecutive weekdays during a period of high Studios
usage. These counts shall include all vehicles parked
on each site, in studios-controlled off-site lots, and
along public roadways used for parking by Studios
employees or visitors. Each count shall be completed
within a one-hour period, with counts commencing at
11:00 AM, Noon, 1:00 PM, 3:00 PM and 7:00 PM each day.
Parking demand shall be defined as the greatest number
of vehicles parked on the site during any of the
one-hour count periods. If these counts demonstrate
that parking demand has decreased, Warner Bros. may
request approval of a conditional use permit to allow a commensurate reduction in the amount of parking
required. The revised rates shall apply for a term or
amount of development as specified by the Planning
Board, or by the city council on appeal.
H. Parking Hanagement Program
42. In order to better control the traffic volumes
accessing the site, Warner Bros. shall implement a
parking management program. This program may include
assignment of employees (including construction
personnel, temporary employees, and other persons
working on the lot), audience parking, visitors and
vendors to various parking areas. A goal of the
program is to maximize utilization of parking.
resources, and minimize local traffic impacts.
R.-:II LaclCoDdiliaaa of Approval
1()(QS/95 -17-
ATTACHMENT 3 - PAGE 51
I. studio Access Gates
43. As the Master Plan is constructed, Warner Bros. shall improve existing and planned future gates to the sites.
These improvements will provide sufficient storage
capacity for entering and exiting vehicles and
pedestrians. These improvements may include relocation
of control points (e.g., guard kiosks) to ensure
adequate queuing space.
44. A private (internal) roadway shall be constructed
substantially in conformance with Warner Bros. Master
Plan EIR Exhibit 23 to provide access to and from
Hollywood Way. This roadway will intersect with
Hollywood Way approximately half way between the
intersections of Hollywood Way with Oak street and
Verdugo Avenue and shall be signalized. This roadway
shall be provided at 200,000 Net New OE-GSF at the
Ranch Lot.
45. A secondary site access shall be provided from
Hollywood Way to the proposed office structures in the
southeast portion of the site. This driveway shall be
constructed substantially in conformance with the
Warner Bros. Master Plan EIR Exhibit 23 and allow full
four-way access to and from both northbound and
southbound Hollywood Way. The driveway shall be
provided no later than occupancy of the most southerly
office building along Hollywood Way but may be provided in conjunction with the office building along the north side of the driveway.
J. Handicapped Access to the site
46. All future improvements to site access gates will be in conformance with the Americans with Disabilities Act
(ADA). The ADA provisions will also apply to any
off-site construction performed by the studio. To
ensure adequate access to the studio site, the
crosswalks at all intersections between the site access driveways and public roadways, will have appropriate
handicapped access ramps provided at each end of the
crosswalks. The implementation of the crosswalk ramps
shall be done in conjunction with any SUbstantial
improvements at the adjacent studios gate.
Air Quality
Iaocb Lac/CovIjtjam 0( Approval
lCWSI9S -18-
ATTACHMENT 3 - PAGE 52
47. The city shall prepare a Construction-Related Air
Quality Mitigation Monitoring form to be completed for
any development in the Media District subject to
Development Review. This form would be organized so
that the contractor can record compliance at the
required intervals. The contractor would be required
to sign this monitoring form.
48. Using the Construction-Related Air-Quality Mitigation Monitoring form, the City shall enforce and monitor the following measures:
a. Normal wetting procedures or other dust palliative
measures shall be followed during earth-moving
operations to minimize fugitive dust emissions in
compliance with the Burbank Municipal Code and
AQMD Rule 403.
b. Roadways shall be periodically swept or otherwise
cleared of any spilled export material to assist
in minimizing fugitive dust.
c. Heavy-duty construction equipment should be kept
on-site when not in operation to minimize exhaust
emissions associated with vehicles repetitiously
entering and exiting the project site.
d. Trucks importing or exporting soil material and/or
debris shall be covered and/or sprinkled prior to
entering public streets.
e. Plant any groundcover as soon as practicable after
completion of earth-moving operations to provide
for effective soil stabilization.
f. Activate the irrigation systems necessary to water
and maintain the any qroundcover as soon as
feasible.
g. Discontinue construction during any second stage
smog alert.
h. The name and phone number of a City contact person
shall be posted during periods of building
construction, at a location on-site that is
visible to the public, for the purpose of
bada LctICmdjcjm· 01 Approval
10/05/95 -19-
ATTACHMENT 3 - PAGE 53
notifying the public who to call regrading non
compliance with the above requirements.
49. The City shall also enforce the following construction related measures through the Construction-Related Air
Quality Mitigation Monitoring form:
a. Water site and equipment morning and evening.
b. Spread soil binders on site, Unpaved roads and
parking sites.
c. operate street-sweepers on paved roads adjacent to
site.
d. Reestablish ground cover on construction site
through seeding and watering.
e. Wash off trucks leaving site.
f. Properly tune and maintain construction equipment.
g. Use low-sulfur fuel for construction equipment.
h. Provide rideshare incentives for construction
personnel.
i. Provide transit incentives for construction
workers.
j. Configure construction parking to minimize traffic
interference.
k. Minimize obstruction of through-traffic lanes.
1. Provide a flagperson to ensure safety at
construction sites.
m. Schedule operations affecting roadways for off
peak traffic hours.
50. Uniform Building Code (UBC) requirements for energy efficient electrical and gas appliances shall be
included in all applicable project uses.
IaacIa IAIICmcIjciag, of Approval
lWOS195 -20-
ATTACHMENT 3 - PAGE 54
51. Use building materials that produce fewer emissions during their stages of development or use (e.g.,
bricks, stones, water-based paints).
52. If possible, use light-colored roofing materials as opposed to dark roofing materials. These materials
would reflect, rather than absorb, sunlight and
minimize heat gains in buildings. This measure would
lessen the overall demand for mechanical air
conditioning systems.
53. Install special sunlight-filtering window coatings or double-paned windows, to reduce thermal gain or loss.
54. Provide conveniently-located recycling bins and
containers on-site with adequate access for haulers.
Noise
55. Prior to issuance of grading permits, the applicant shall submit a noise control plan to the satisfaction
of the Director of community Development. Noise
attenuating construction requirements shall be enforced by the Building Official. The noise control plan shall
include, but is not limited to, the following:
a. The hours and days of excavation, grading, and
other construction activities related to the
proposed project, which shall be limited to the
hours of 7 am - 7 pm Monday through Friday and 8
am - 7 pm on Saturday.
b. All construction equipment shall be stored on the
project site during construction phases to
eliminate or minimize daily heavy-duty truck trips
on vicinity roadways.
c. All construction equipment, stationary or mobile,
shall be equipped with properly operating and
maintained mUfflers, and all engines should be
kept in proper tune.
56. The construction contractors shall use temporary,
moveable construction noise barriers to shield adjacent uses from construction noise.
JtaacIa lAIC'ond;';"'" at Apprvval
10105195 -21-
ATTACHMENT 3 - PAGE 55
The following measures are recommended to ensure that
operational noise impacts are reduced:
57. Pave all parking structures and external ramps with a non-squeal finish (i.e., Portland Cement Concrete).
58. Finish all interior sides and ceilings of all above ground parking structures with sound-absorbent
materials as required to meet the City's noise
standards.
59. Prior to a building permit being issued for any above ground parking structure, a noise study shall be
prepared to ensure that the proposed design will reduce intermittent exterior noise to levels consistent with
BMC noise standards for the surrounding residential
areas.
60. Garage ventilation and building HVAC equipment for
buildings adjacent to public streets shall be placed at the farthest distance from residential uses, or a study shall be prepared to show that a street-adjacent
placement will not result in significant noise impacts. water
61. Prior to issuance of building permits, payment of the appropriate Water system fees shall be made in
accordance with the Public service Department, Water
Division, Rules and Regulations adopted July 1, 1994.
62. Costs for water system improvements required by new development shall be borne by the primary beneficiaries of system improvements.
63. Pressure regulators will be required on all water
services, in accordance with the city of Burbank Rules
and Regulations and governing water service.
64. In addition to the proposed improvements, the Water Facility Master Plan has identified the following
upgrade:
a. A 12-inch main on Pass Avenue from Oak street to
Verdugo.
Jbada LaclOwIiIiou « Apprv¥u
10105195 -22-
ATTACHMENT 3 - PAGE 56
65. Water main upgrades, service connection fees, and other charges shall be paid by the developer in accordance
with the City of Burbank's Rules and Regulations for
Water service, sections 2.30, 2.31, and 2.34.
wastewater
66. Warner Bros. shall pay applicable sewer facilities
charges, as established by the Public Works Department, before a permit to connect to the Burbank sewer
facilities system is issued.
Drainage
67. Warner Bros. shall acquire permits for the connection to the existing storm water drains at the Ranch Lot
from the Los Angeles County Department of Public Works.
68. Warner Bros. shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board (RWQCB) which
complies with the National Pollution Discharge
Elimination system (NPDES) general permit for
construction activity.
69. As part of the NOI described above, a Storm Water
Pollution Prevention Plan incorporating Best Management Practices (BMP's) for storm water runoff will be
developed prior to issuance of grading permits for the
Ranch Lot.
70. capacity upgrades may be required to the existing storm drain in Hollywood Way from the Ranch Lot to Heffron
Drive.
Electrical
71. Except as provided in any Community substation Easement Agreement between Warner Bros. and the City, developers shall bear the first-cost of any electric improvements
directly benefiting them, as well as a portion of the
cost of more system-wide electric improvements.
72. Any needed relocation of existing electrical or street light facilities shall be at Warner Bros. expense.
73. Warner Bros. must use the California Non-Residential Building Standard to consider and implement high-energy Jbada LatfQ»djtim· 01 Apprvvu
IMl5I9S -23-
ATTACHMENT 3 - PAGE 57
efficient electrical equipment and other devices for
minimizinq peak demand and wasteful energy consumption.
Also, Warner Bros. shall use its best efforts to at all times automatically correct its Power Factor to a
minimum of 90 percent (preferably to 98 percent).
74. Except as provided in any community Substation Easement Aqreement between Warner Bros. and the City, to
adequately serve the electrical load demands for the
Ranch Lot, a 34.5 Xv to 12.47 Xv customer station is
needed. For space-savinq and appearance, a metal-clad
type substation can be used. Desiqn requirements for
the substation should include a minimum of 110' x 70'
site with at least two 20' roadways on two sides of the station. PSD will need access to the site at all
times.
75. UBC and BMC energy conservation requirements and
requirements for energy-efficient electrical appliances shall be included in all applicable project uses for
new development.
Natural Gas
76. UBC requirements for energy-efficient electrical and qas appliances shall be included in all applicable
project uses.
Schools
77. Warner Bros. shall neqotiate with the School District to contribute a fair-share to the cost of additional
school facilities which actually arise in the future as a result of increased enrollment qerierated by the
Master Plan.
ltaDdI LClIICmditicm of ApproqI
la.'05I95 -24-
ATTACHMENT 3 - PAGE 58
EXHIBIT B-1
Depiction of Project Site
ATTACHMENT 3 - PAGE 59
:JCJP
· · .::. _.. ~~~ ~ ~. ,::. .. ...:: 0
o 0 I DO a
Dml
UUBAREA1
__ PRODUCTION =~
lU I"r----TIJ
Fl. ....... Lot Development Subarea
-- EXHIBIT B-1
!
i . ~
.:
,,:
.:
I\....io-----' .:
.~
b
-
o~-
ATTACHMENT 3 - PAGE 60
EXHIBIT B-2
Main Lot Development Guidelines
ATTACHMENT 3 - PAGE 61
( ( t
WARNER BROS. MASTER PLAN - RANCH LOT DEVELOPMENT GUIDEUNES
MAXIMUM DENSITY NEW CONSTRUCTION
Master Plan Subareas Intended Uses (note I) New Construction Demolition Net New Maximum Heighl
OE-GSF OE-GSF OE-GSF
Subarea I Produclion-Relaled Sludio 68000 24000 44000 DJdgs. - 50 (eel Produclion Zone Dldgs .• Parking
Subarea 2 Studio Office, Production - 733000 28000 705000 B1dgs. - 70 (eel; excepl Pass Siudio OfficclDacklol Relaled Siudio Dldgs., Parking. Ave. parking structure - 3S feel I On-Site Incidenlal Uses
Totals 801000 52000 749000
Noles:
I. Sec Conditions o( Approval (or additional uses.
2. Selbacks along public slreets arc mcasured ITom Warner Bros. property line; City o(Burbank Code requirements apply unless otherwise noted.
3. North of Toluca Lake Drive; nOllncluding one-story slorage shed m >< ::r: -OJ --f
ar N
Minimum Setback (note 2)
Verdugo Ave. - 3S feet
Pass Ave. ·35 (eel (nole 3)
Oak SI. - 80 (eel
Hollywood Way· SO (eet
Pass Ave. Pkg. Slruc. -3S ft.
I
ATTACHMENT 3 - PAGE 62
EXHIBIT C
Map of Neighborhood Protection Area
ATTACHMENT 3 - PAGE 63
" II I I II II II I I II Ii Ii II II
LEGEND
- - IMPt.£l.lENTA 110N
. AR£A BOUNDARY
TRAFFIC INTRUSION REDUCTION FUND
IMPLEMENTATION AREA
9/22/95
:R4 wARNS'i1JO\lN~UUAP
§
CRAIN & ASSOCIATES
2007 Sawtelle SoWcvvd
Loa A=;clc.s. CaUtotnJA 9OO2S
(310) 473-6608
TranaponauonPWwng-TrafficEnpccnna
ATTACHMENT 3 - PAGE 64
EXHIBIT D
Mitigation Monitoring Program
ATTACHMENT 3 - PAGE 65
( (
PROJECT MONITORING CHECKLIST
(CEQA Mitigation Measures)
(
Project MOllitorillg Cllecklist
PD 94-8
PROJECT NAME Warner I3ros. Studios Ranch Lot Master Plan FILE NUMBER .;..P::.D~9...;:.4....;-8~ ________________ _ APPROVAL DATE ;;;..Se:;.l:p~te;;;;.m....;b....;e.;..r ::.27...!..,~1.;..9;....;95~ ___________ _ ENVIRONMENTAL _________________ _ All of the Conditions of Approval required for this project are consolidateo on this checklist for the purpose of monitoring them for completion as a part of the project approval process. Each responsible department! division will assign a deadline for completion of the conditions it has required. Numbers of conditions are entered 111 the appropriate column. A signature at each point in the approval process indicates completion of conditions required by a responsible department/division at that point in time. Final approval for C of 0 must be obtained from the Planning Division.
VI
RESPONSIBLE n IV V CERTIFICATE
DEPARTMENTI I DURING HI BUILDING DURING OF VII VIII
PARTY DEMOLITION DEMOLITION GRADING PERMIT CONSTRUCTION OCCUPANCY OTHER ONGOING Building Division 46,47,50,
51,52,53,
48,49,55,56
54,55,56,
57,58,59,
60,61,75,
76 ,
Public Works 66,69,70 9, 10, 11,
Department 12, 13, 14,
15, 16, 17,
18, 19,20,
21,22,23,
24,25,26,
27,28,29,
30,31,32,
33,34,35,
36,37,38,
39,43
Parks and
Recreation
Public Service 61,62,63,
Department 64,65,71,
72,73,74
The numbers in this table correspond to the numbers of the adopted conditions of approval. 1 October 31, 1995
ATTACHMENT 3 - PAGE 66
(
PROJECT MONITORING CHECKLIST (con't.)
PROJECT NAME Warner Bros. Studios Ranch Lot Master Plan (
(CEQA Mitigation Measures)
(
Project M01litorillg Checklist
PD 94-8
FILE NUMBER _PD.....;.,9_4-_8 _________________ _
APPROV AL DATE ::.;Se:J;p:..:.:te::.:;m:...;:be:..;;.;...r ::.;27...!...,...:.1,;.,,99::...;5~ ___________ _ ENVIRONMENTAL _________________ _ VI
RESPONSIBLE U IV V CERTIFICATE
DEPARTMENTI I DURING III BUILDING DURING OF VII VIII
PARTY DEMOLITION DEMOLITION GRADING PERMIT CONSTRUCTION OCCUPANCY OTHER ONGOING Planning Division 7,8 7,8 2,3,4,5,6, 4
40,41,42,
I
43,44,45,
46,47,59,
60 OTHER
JURISDICTIONS:
Burbank Unified 77
School District
City of Los 12, 13, 14,
Angeles 17, 18, 20,
21,23,24,
26,27,28,
31,32,38
Caltrans 12,23,24,
27,30,33
City of Glendale 12
County of Los 67 20,21,27,
Angeles 28,38
Regional Water 68,69
Quality Control
Board (RWQCB)
-- -- ----- --- L-_________ . _
The numbers in this table correspond to the numbers of the adopted conditions of approval. 2 Oclober 31, 1995
ATTACHMENT 3 - PAGE 67