Eff.: 5/27/11
ORDINANCE NO. ____JltlllL_
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK
APPROVING THE EXTENSION OF THE DEVELOPMENT
AGREEMENT FOR PLANNED DEVELOPMENT NUMBER 94-8; I =fo..;t PROJECT NO. 10-0008116 (WARNER BROS. RANCH LOT, 3701
OAK STREET).
City Attorney Synopsis
This Ordinance extends the existing Development Agreement between City of Burbank and Warner Bros. Entertainment, Inc. for Planned Development No. 94-8 for fifteen (15) additional years, through November 27, 2030. Planned Development No. 94-8, as approved on November 25, 1995, remains unmodified.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. On November 27, 1995 the City Council of the City of Burbank (the "City") approved a Development Agreement (the "Development Agreement") between the City and Warner Bros. (now succeeded by Warner Bros. Entertainment, Inc., both of which are referred to herein as "Developer"), recorded on November 30, 1995 as Instrument No. 95-1904502 in the Los Angeles County Recorder's Office, which provided various land use approvals, permits and other entitlements relating to the development of the project and the project site, located at 3701 Oak Street, in the City of Burbank, totaling approximately 30 acres, and more particularly described in Exhibit No. 3 attached to the Staff Report dated April 19, 2011 (the "Project Site"). The approved project is a master planned development of Developer's studio lot, consisting of 1,155,392 gross square feet (801 ,000 office-equivalent gross square feet ("OEGSF")) of net new med1a buildings, sound stage, related production facilities, production support facilities, and other related development (the "Project"). OEGSF is a.calculation used in the Media District to limit development based on traffic impacts. The various land use approvals, permits and other entitlements necessary for the development of the Project were collectively referred to in the Development Agreement as the "Project Approvals" and include without limitation the following:
(1) Planned Development Zoning. On October 10, 1995, following duly noticed public hearings and Planning Board review and recommendation, the City Council approved, Ordinance No. 3416, a Planned Development zone change for the ProJect Site, Planned Development No. 94-8 ("PO Zoning"). The PO Zoning is consistent with the General Plan and the Media District Overlay Zone. The zomng allows the development of, including but not limited to. office, sound stage, warehouse, storage, workshop, commercial/retail, central plant and other related development.
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(2) Conditions of Approval. Certain Project Approvals were approved subject to "Conditions of Approval". which, for the purposes of this Agreement, shall also be considered included in any reference to ~he Project Approvals. The Conditions of Approval are attached to the Development Agreement as Exhibit B.
B. Due to various economic and market conditions, industry factors, and other business considerations following the effective date of the Development Agreement, Developer has only developed approximately 2.6% of its approved Master Plan development of the Project site. Developer desires to extend the term of the Development Agreement for an additional fifteen (15) years, to November 27, 2030, in order to better control the approved Master Plan development of the Project Site over a longer period of time, by executing a F1rst Amendment to the Development Agreement (the "First Amendment").
C. The Planning Board at a duly noticed public hearing, recommended approval of the First Amendment.
D. The Council at its regular meeting of Apri119, 2011, held a duly noticed public hearing on the extension of the Development Agreement for Planned Development No. 94-8 between the City and Developer.
E. The extension of the Development Agreement for Planned Development No. 94-8 is a component of the proposed Project. On October 10, 1995, the City Council approved a Environmental Impact Report ("EIR"), adopted mitigated measures and monitoring, in accordance with California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) ("CEQA"), the State CEQA Guidelines (14 Code of California Regulations Section 15000, et. seq.) and the City's CEQA procedures for the Project. An addendum was prepared for this extension in accordance with Section ·15164 of the CEQA Guidelines in March 2011 (the "Addendum"). No further changes have been made to the Project, and none of the conditions warranting either supplemental or subsequent review, under CEQA Gu1delines Sections 15163 or 15162, respectively, have been triggered. The City reviewed and considered the EIR and the Addendum, prior to consideration of the extension to the Development Agreement for Planned Development Zone 94-8.
F. The City Council has determined that th1s First Amendment is consistent with the City's General Plan.
G. This Council considered the report and recommendations of the City Planner, the action and recommendations of the Planning Board as evidenced by its Resolution No. 3218, the Addendum with the previously adopted EIR and the evidence presented at such hearing.
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THE COUNCIL OF THE CITY OF BURBANK ORDAINS AS FOLLOWS:
1. The Addendum to the Environmental Impact Report (State Clearinghouse No. 94111052, "EIR") adequately addresses the environmental impacts under the California Environmental Quality Act, Public Resources Code, ("CEQA") in accordance with CEQA Guidelines Sections 15162 & 1516{ and is hereby approved.
2. The First Amendment to the Development Agreement for Planned Development No. 94-8, Project No. 10-0008116, by and between the City of Burbank and Warner Bros Entertainment Inc. in the form presented at this meeting, is hereby approved, and the City Manager is authorized to execute, and the City Clerk to attest, the Agreement on behalf of the City. The City Attorney may make non-substantive changes, if necessary.
3. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
4. The City Clerk shall certify to the passage of this Ordinance and cause the City Attorney Synopsis of this Ordinance to be published once in a newspaper of, general circulation within fourteen (14) days of adopt1on, published and circulated in the City of Burbank, California.
5. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 51) day after the date of adoption.
PASSED AND ADOPTED this 26th day of ----'"Ap=r=i=l'-----' 2011.
Attest:
lerk
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City of Burbank
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Approved as to Form and Legal Content
Dennis A. Barlow, Cit Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ss.
CITY OF BURBANK
I, Margarita Campos, CMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. 3808 was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the 26th day of April , 2011, by the following 'lote:
AYES: Council Members Brie, Talamantes and Reinke.
NOES: Council Members None.
ABSENT: Council Members None.
ABSTAIN: Council Member Gordon.
RECUSED: Council Member Golonski.
I further certify that said Synopsis was published as required by law 1n a newspaper of general circulation in the City of Burbank, California on the 4th day of May '2011.
Margarita ampos, CMC, C1ty Clerk
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