1 STAFF REPORT
DATE: February 13, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
V IA: Fred Ramirez, Asst. Community Development Director – Planning BY: Scott Plambaeck, Planning Manager
Amanda Landry, Principal Planner
Joseph Pangilinan, Associate Planner
SUBJECT: Adoption of an Ordinance Amending Title 10 of the Burbank Municipal Code to Update t he Existing Development Standards f or Art in Public Places to Authorize Post-Security Areas of the Hollywood Burbank Airport as Eligible Places for Public Art
RECOMMENDATION
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 (Attachment 1).
SUM
MARY
On January 23, 2024, the City Council (Council) held a public hearing to introduce 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 (Exhibit A).
During the public hearing, Council considered staff’s recommendation on the proposed updates to Burbank Municipal Code (BMC) Title 10, Chapter 1. Staff also addressed public comments that expressed concern about the Zone Text Amendment’s (ZTA) effect on the Art in Public Places (AIPP) fund. In response to a public comment opposing the
COMMUNITY
DEVELOPMENT
2 ZTA based on the belief that an AIPP project draws from the AIPP fund, staff and the City Attorney clarified that any art installed in fulfilment of the requirement or with in-lieu funds is not funded by the City, rather solely with funds from developers. In response to Council questions on whether art can be rotated in and out of the airport to satisfy the art allocation requirement, staff and the City Attorney explained that only permanent art could satisfy the AIPP requirements.
In addition, staff received questions from Council about the applicability of the AIPP ordinance on any future transit facilities that may have post -security interior areas. Staff explained that if any future transit facilities contained post-security interior areas that are only accessible to ticketed passengers, the AIPP Ordinance will have to be amended to include these locations as well, as the scope of proposed ZTA was narrowly defined based on a request from the Airport. Staff noted that significant changes to the scope of the proposed ZTA would need to be thoroughly vetted through an open and transparent review process, including consideration by the Planning Commission, AIPP Commission, and Parks and Recreation Board. As there is significant urgency associated with the development timeline shared by the Airport Authority, staff recommended that additional modifications or changes to the AIPP Ordinance be considered through another ZTA in the future.
After discussion, the City Council voted to introduce the Ordinance, with no proposed changes.
Vote at Introduction:
AYES: Anthony, Mullins, Takahashi, Perez, and Schultz.
NOES: None.
ABSENT: None.
PROPOSED ZONE TEXT AMENDMENT
Since there were no prescribed changes by Council, the ZTA will maintain the same language modifying the AIPP Ordinance (Burbank Municipal Code Section 10-1-1114) to include the following change in BMC Section 10-1-1114(D)(5):
“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 3 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.”
ENVIRONMENTAL ASSESSMENT
The proposed ZTA has been reviewed for compliance with the California Environmental Quality Act (CEQA). Staff recommends that Council find that the ZTA is exempt from review under CEQA, pursuant to CEQA Guidelines Section 15061(b)(3). The activity is covered by the commonsense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. No unusual circumstances exist that would preclude the use of this exemption. Furthermore, pursuant to CEQA Guidelines Section 15378, this ZTA 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.
FISCAL IMPACT
The proposed ZTA clarifies the eligibility of post-security interior areas of the Airport for an existing City program and will have no fiscal impact to the General Fund.
CONCLUSION
The changes outlined in the proposed ZTA are intended to update the location guidelines for public art, to authorize post -security areas of the Airport as eligible locations for the placement of interior public art in compliance with the City’s AIPP Ordinance. The ZTA would allow the Airport Authority added flexibility in satisfying its art allocation requirement for the Elevate BUR project in a manner consistent with the BMC and provide public art to millions of Airport passengers and Burbank residents.
ATTACHMENTS
Attachment 1 – Ordinance
Attachment 2 – Proposed Redline Changes to BMC