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EXHIBIT A-1
RESOLUTION NO. ____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURBANK
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING)
OF THE BURBANK MUNICIPAL CODE TO UPDATE THE EXISTING DEVELOPMENT
STANDARDS FOR ART IN PUBLIC PLACES TO AUTHORIZE POST-SECURITY AREAS
OF THE HOLLYWOOD BURBANK AIRPORT AS ELIGIBLE PLACES FOR PUBLIC ART (Zone Text Amendment; Project No. 23-0007623)
THE PLANNING COMMISSION OF THE CITY OF BURBANK FINDS:
A. The Planning Commission of the City of Burbank at its meeting of December 11, 2023, held a public hearing on Project No. 23-0007623 (Zone Text Amendment (ZTA)) to update the existing development standards for art in public places to authorize post- security areas of the Hollywood Burbank Airport (“Airport”) as eligible places for public art B. Said hearing was properly noticed in accordance with the provisions of Burbank Municipal Code Section 10-1-1994.
C. The Planning Commission considered the report and recommendations of the City Planner and the evidence presented at such hearing.
D. In accordance with California Government Code Section 65860, the proposed Zone Text Amendment and associated Ordinance has been determined to be consistent with the Burbank2035 General Plan and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and is compatible with the objectives, policies, general land uses and programs specified therein.
E. The Planning Commission has reviewed the City Planner’s environmental assessment and concurs with the assessment that the proposed Zone Text Amendment and associated Ordinance is exempt from environmental review pursuant to the “common sense exemption” pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, wherein the project in question has no possibility of causing a significant effect on the environment. Furthermore, pursuant to CEQA Guidelines Section 15378, this ZTA is not considered a “project” subject to the requirements of CEQA since there is no potential for resulting in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
F. The documents and other materials that constitute the record of proceedings, upon which the decision to recommend approval of the proposed Zone Text Amendment (Project No. 23-0007623) and associated environmental assessment that the project qualifies for a statutory exemption under CEQA, is located in the Planning Division of the City of Burbank and the custodian of the record is the City Planner.
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EXHIBIT A-2
THE PLANNING COMMISSION OF THE CITY OF BURBANK RESOLVES:
1. The findings above are true and correct, and incorporated herein.
2. Project No. 23-0001387, a Zone Text Amendment to update Title 10, Chapter 1 (Zoning), as described above and in the staff report dated December 11, 2023, and as reflected in the exhibit attached hereto, which would result in amendments to the zoning text of Burbank Municipal Code Section 10-1-1114(D)(5), adding post-security interior areas of the Airport only accessible to ticketed passengers during normal business hours as a permissible location where interior public art may be located at the Airport. Attachment 1 (Draft Ordinance), as attached to this Resolution, reflects the Commission’s recommendation.
This recommendation is based upon the Planning Commission’s ability to make the following finding pursuant to California Government Code Section 65860:
FINDING FOR ZONE TEXT AMENDMENT:
a. California Government Code Section 65860 requires that any zone text amendment be consistent with the objectives, policies, general land uses and programs specified Burbank2035 General Plan and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code.
The Zone Text Amendment (ZTA) updates the development standards for art in public places and is consistent with the General Plan of the City of Burbank and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and is compatible with the objectives, policies, general land uses and programs specified therein.
This ZTA supports the implementation of Land Use Goal 3 (Community Design And Character) and Policy 3.11, which seeks to consider the evolution of community character over time, evaluate projects with regard to their impact on historic character, their role in shaping the desired future community character, and how future generations will view today’s Burbank. The proposed ZTA will allow for an additional location for public art, which would be subject to review by the City’s Art in Public Place Committee to ensure that the public art would be consistent with City’s vision for its public art. The Airport terminal replacement project is an opportunity to bring public art into a space traveled by millions of passengers and Burbank residents, which would provide an enriching experience for passengers as well as put forth an image of Burbank that its residents would be proud of
The ZTA supports the implementation of Land Use Goal 4 (Public Spaces And Complete Streets) and Policy 4.4, which seeks to provide attractive and inviting public spaces and complete streets that enhance the image and character of the community, including requiring public art as part of new development projects.
The ZTA will open up more interior public art possibilities for the Airport Authority to satisfy its art allocation requirement due to post-security areas having more ATTACHMENT 3 - PAGE 7
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available space than pre-security interior areas. Interior public art in the Airport will help create an attractive and inviting area that can be enjoyed by airport users and give travelers and Burbank residents a positive impression of Burbank’s character.
Finally, the ZTA is consistent with Title 10, Chapter 1 (Zoning) of the BMC in that it further clarifies and encourages public art in accordance with the City’s existing Art in Public Places Ordinance. This ZTA will support Burbank’s vision of providing attractive and inviting public places throughout the City by adding a viable location for public art in a space seen by millions of travelers and Burbank residents annually. Allowing public art to be placed in post-security areas of the Airport will provide millions of airport passengers the enriching experience of viewing public art that will be thoughtfully reviewed and approved by the City’s Art in Public Places Committee, which enhances the City’s artistic image and presents an artful impression to members of the public traveling to and from the Airport. Furthermore, upon recommendation by the Planning Commission, this ZTA will be presented at a public hearing to the City Council and is therefore consistent with Article 19, Division 7 of the Burbank Municipal Code, which requires that the modification of property development standards must be preceded by a public hearing.
3. The Secretary of the Planning Commission shall forward a signed copy of this Resolution with the Planning Commission’s report and decision to the City Council in accordance with Burbank Municipal Code Section 10-1-1993.
PASSED AND ADOPTED this day of , 2023.
CITY PLANNING COMMISSION
_______________________
Christopher Rizzotti
Chairperson
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EXHIBIT A-4
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BURBANK
I, Fred Ramirez, Secretary of the Planning Commission of the City of Burbank, certify that this Resolution was adopted by the City Planning Commission at its meeting held on the ___ day of _______, 2023, by the following vote:
AYES:
NOS:
ABSENT:
ABSTAINED:
________________________
Fred Ramirez, Secretary
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EXHIBIT A-5
ATTACHMENT 1:
DRAFT ORDINANCE
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EXHIBIT A-6
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF THE BURBANK
MUNICIPAL CODE TO UPDATE THE EXISTING DEVELOPMENT
STANDARDS FOR ART IN PUBLIC PLACES TO AUTHORIZE POST-
SECURITY AREAS OF THE HOLLYWOOD BURBANK AIRPORT AS
ELIGIBLE PLACES FOR PUBLIC ART
City Attorney’s Synopsis
This Ordinance amends the Burbank Municipal Code, Title 10, Chapter 1, by updating the City’s Art in Public Places Ordinance to authorize post-security areas within the Hollywood Burbank Airport as eligible places for interior public art.
THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:
A. Burbank Municipal Code (BMC) Section 10-1-1114 comprises the City’s Art in Public Places (AIPP) Ordinance. Under the AIPP Ordinance, development projects must incorporate public art works on the project site or pay an in lieu fee. Among other provisions, the AIPP Ordinance requires that a minimum portion of the public art be located in exterior locations of the project in permanent daytime view of pedestrians and motorists, and the remaining artwork may be located in interior locations of the project that are designed for general public use and accessible to the public during normal business hours. (BMC Section 10-1-1114(D)(5)).
B. As part of the Hollywood Burbank Airport (Airport) replacement terminal project, the Airport desires to locate its interior public artwork in locations open to ticketed passengers only, in post-security terminal areas. The current AIPP Ordinance does not classify post-security interior areas of the Airport accessible to ticketed passengers only as a place that qualifies for public art placement under the AIPP Ordinance. In order to allow the Airport’s request to install public art in post-security interior areas of the Airport and have that art be considered as partial fulfilment of the requirements of the AIPP Ordinance, the AIPP Ordinance must be modified through a Zone Text Amendment (ZTA) to clearly define that such areas are permissible locations for public art.
C. The City acknowledges the need to provide public art in conjunction with major development projects and that Elevate BUR, the Airport replacement terminal project, would be an opportunity to bring public art into a space traveled by millions of members of the general public who are Airport passengers, including Burbank residents.
D. This Ordinance and resulting zone text amendment will benefit the community by augmenting Burbank’s artistic image to millions of travelers entering and leaving the City through the Airport. Any interior public art will remain subject to review by the City’s Art in Public Place Committee to ensure that the public art will be ATTACHMENT 3 - PAGE 11
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consistent with City’s vision for its public art, giving travelers and residents alike a public art installation that they could be proud of.
E. On December 11, 2023, the Planning Commission held a duly noticed public hearing on this proposed Ordinance, and at such hearing recommended that the City Council approve the Zone Text Amendment.
F. On ________________, 2024, the City Council at its regular meeting, held a public hearing on this proposed Ordinance. Said hearing was properly noticed in accordance with BMC Section 10-1-1994.
G. In accordance with California Government Code Section 65860, the proposed Ordinance has been determined to be consistent with the Burbank2035 General Plan and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and is compatible with the objectives, policies, general land uses and programs specified therein, and more specifically, the General Plan Land Use Element.
H. The City Council exercises its independent judgement and finds that this Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in which the project has no potential for causing a significant effect on the environment. No unusual circumstances exist that would preclude the use of this exemption. Furthermore, pursuant to CEQA Guidelines Section 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the ZTA has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Findings. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.
Section 2. Amendment to Burbank Municipal Code (BMC) 10-1-1114: Art in Public Places. Subsection D.5. of BMC 10-1-1114 is hereby amended and restated in its entirety as follows:
“5. Location. The art project shall be located on-site as follows: at least 50 percent of the Minimum Allocation shall be invested in works of art on the exterior of the Development Project and in permanent daytime view of both pedestrians and motorists; provided, however, that this provision shall not apply to enclosed shopping malls with at least 1,000,000 square feet of gross leasable area in which case 100 percent may be within the enclosed portions of the mall, accessible to the visitors thereto. The balance of the Minimum Allocation may be utilized for an art project(s) in interior locations of the Development Project provided that the location(s) are designed for use by the general public and are accessible to the public during normal ATTACHMENT 3 - PAGE 12
EXHIBIT A-8
business hours. At the Bob Hope Airport (also known as the Hollywood Burbank Airport), post-security interior areas of the Airport accessible to ticketed passengers during normal business hours shall also qualify as permissible interior locations to place the balance of the Minimum Allocation of the public art.” Section 3 .
Severability . 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.
Section 4. Environmental Assessment
This Ordinance is exempt from review
under the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because the project has no potential for causing a significant effect on the environment. No unusual circumstances exist that would preclude the use of this exemption. Furthermore, pursuant to CEQA Guidelines Section 15378, this Ordinance is not considered a “project” subject to the requirements of CEQA because the ZTA has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The ZTA will allow a unique developer, the Airport, to include a portion of public artwork within the interior of the replacement terminal project, and does not extend to other development projects throughout the City.
Section 5. Effective Date This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this ____
day of ________, 2024.
___________________________________
Mayor of the City of Burbank
Attest: Approved as to Form
Office of the City Attorney
_____________________________ _________________________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. ___________was duly and regularly passed and adopted by ATTACHMENT 3 - PAGE 13
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the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its _ , 2024 adoption.
______________________________
Kimberley Clark, City Clerk
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10-1-1114: ART IN PUBLIC PLACES:
D. GUIDELINES FOR WORKS OF ART.
5. Location. The art project shall be located on-site as follows: at least 50 percent of the Minimum Allocation shall be invested in works of art on the exterior of the Development Project and in permanent daytime view of both pedestrians and motorists; provided, however, that this provision shall not apply to enclosed shopping malls with at least 1,000,000 square feet of gross leasable area in which case 100 percent may be within the enclosed portions of the mall, accessible to the visitors thereto. The balance of the Minimum Allocation may be utilized for an art project(s) in interior locations of the Development Project provided that the location(s) are designed for use by the general public and are accessible to the public during normal business hours. At the Bob Hope Airport (also
known as the Hollywood Burbank Airport), post-security interior areas of the Airport accessible to ticketed passengers during normal business hours shall also qualify as permissible interior locations to place the balance of the Minimum Allocation of the public art.
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