STAFF REPORT
DATE: February 13, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Asst. Community Development Director – Planning BY: Scott Plambaeck, Planning Manager
Amanda Landry, Principal Planner
Greg Mirza-Avakyan, Senior Planner
SUBJECT: Adoption of an Ordinance Approving a Second Amendment to the Development Agreement Related to Planned Development No. 96-1
RECOMMENDATION
Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK
APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT RELATED TO PLANNED DEVELOPMENT NO. 96 -1. (PROJECT NO. 23 -0001343) (Attachment 1).
SUMMARY
On January 30, 202 4, the City Council (Council) introduced AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF BURBANK APPROVING A SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT RELATED TO PLANNED DEVELOPMENT NO. 96-1. (PROJECT NO. 23-0001343). Council Members Anthony, Mullins, Takahashi, and Vice Mayor Perez were present. Mayor Schultz recused himself from voting on this item.
Vote at Introduction:
AYES: Anthony, Mullins, Takahashi, And Perez.
NOES: None.
ABSENT: None.
RECUSED: Schultz.
This Ordinance is now presented for adoption.
COMMUNITY
DEVELOPMENT
2 ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) for the Project was approved and certified by Council on March 11, 1997. The EIR was revised by a Supplemental EIR and recertified in conjunction with the First Amendment to the DA in 2013. The 2013 Supplemental EIR analyzed potential impacts associated with the build-out of the Project over an additional 10-year period from March 2007 through March 2027. However , as previously noted, Council only extended the Term of the DA under the First Amendment for a period of seven-years rather than 10-years, from March 19, 2017, through March 19, 2024.
Pursuant to the California Environmental Quality Act (CEQA) (Public Re sources Code Section 21166) and State CEQA Guidelines Section 15162, no subsequent EIR is required for a project unless it is determined that any of the following conditions exist:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the occurrence of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes in the circumstances under which the project is undertaken will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and/or
3) New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
If none of these conditions exist, an addendum may be used to make some changes or additions to the previously certified EIR (CEQA Guidelines Section 15164). Here, because the proposed term extension and update to legal description involves no changed conditions that would require the preparation of a subsequent EIR, an Addendum to the EIR and Supplemental EIR was prepared for the Project (Attachment 7 to Staff Report dated January 30, 2024). This Addendum analyzes the extension of the approved DA for a period of three years through March 19, 2027, which was previously analyzed in the 2013 Supplemental EIR.
The Addendum confirms that the proposed three- year extension will not result in any of the conditions listed above in CEQA Guidelines Section 15162, and a subsequent EIR is therefore not required for approval of the proposed extension. 3 The proposed extension will not result in any new significant or substantial increases in severity of the significant impacts identified in the previously certified EIR and Supplemental EIR. The environmental baseline and other assumptions used in the Supplemental EIR have not changed. No changes to the amount or type of allowed land uses or any other aspects of the approved PD No. 96- 1 are proposed. Additionally, no new information of substantial importance has been identified that indicates the proposed three-year term extension and update to legal description will result in any new significant environmental impacts nor any substantial increase in the severity of the significant environmental impacts identified in the EIR.
FISCAL IMPACT
Approval of the Ordinance and associated D A extension until March 19, 2027 will not have a direct impact to the City’s General Fund. Any future development associated with the Project will be at the Applicant’s cost and future property tax reassessments by the Los Angeles County Tax Assessor resul ting from the future buildout will add revenue to the City’s General Fund.
ATTACHMENT
Attachment 1 – Ordinance