1 STAFF REPORT
DATE: Ju ly 16, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Asst. Community Development Director – Planning Scott Plambaeck, Planning Manager
Daniel Villa, Principal Planner
BY: Karen Chavez, Associate Planner
SUBJECT: Annual Review of Planned Developments and Development Agreements
RECOMMENDATION
Receive and file the annual review of each Planned Development and related Development Agreement entered into by the City, in compliance with Burbank Municipal Code §§ 10-1-19114 and 10-1-19129.
BACKGROUND
The Planned Development (PD) process was established and codified in the Burbank Municipal Code (BMC) in 1985 with the purpose of allowing for rezoning a property to the PD zone designation, which results in an alternate process to accommodate unique developments for residential, commercial, professional, or other similar activities. In some instances, a PD can also include combinations of uses and modified development standards, which create a desirable, functional , and community environment under controlled conditions of a development plan (BMC § 10-1-19119). In accordance with the BMC, a PD requires approval of a Development Agreement (DA). The DA is used as the implementation and enforcement instrument for a PD approval and is an agreement between the City and an applicant that grants a developer a vested right to build an approved project within a prescribed period and under the specific terms noted therein.
Since 1985, the City has entered into several PDs and DAs. BMC §§ 10-1-19114 and 10- 1-19129 require staff to provide Council with annual updates on the status of PDs and DAs, and ongoing compliance with the terms of their respective agreements.
COMMUNITY
DEVELOPMENT
2 DISCUSSION
During the time the City has utilized the PD process, various developers have submitted a total of 120 PD applications (summarized below). There have not been any new PD applications since the last Annual Update on April 4, 2023. Consistent with BMC §§ 10- 1-19114 and 10-1- 19129, which are substantially similar to the process outlined in California Government Code § 65865.1, the City is undertaking this annual review for 2023 to confirm the PDs and DAs ongoing compliance with the terms of their respective agreements.
Staff has noted the following definitions to help facilitate review of the following summary table:
• Approved PDs – PD projects approved by Council since the PD process was added to the Zoning Ordinance in October 1985.
• Completed PD/DAs – PD Projects that have been built and are in compliance with the related DA and mitigation measures.
• PDs with Active DAs – Approved PD projects with an active DA that are either in the process of construction, or where the PD or DA has been or will be amended. • PDs with Expired DAs – PDs with DAs that were approved but were never built , or were replaced by another PD/DA. The DA has expired and cannot be used. • Replaced by Other PD – Prior PD approvals that were replaced by new PDs on the City’s Zoning map.
• Denied or Withdrawn – PD applications that were denied or were withdrawn before being considered by Council.
• Submitted (Under Review) – The PD application has been submitted to the Planning Department and is currently in review or on hold.
Summary of PD/DA Status Since 1985
Approved PDs 83
Completed PD/DAs: 48
PDs with Active DAs: 14
PDs with Expired DAs: 18
Replaced by Other PD: 3
Denied or Withdrawn 34 Submitted (Under Review) 3
TOTAL 120
Completed PD/DAs
Staff is monitoring all completed PDs and associated D As. Since staff’s last update to Council, PD 89-9 has been completed and there are ongoing activities within two of the Completed PD/DAs:
• PD 89-9 (1100 West Alameda Avenue): Since staff’s last update to Council, the DA has expired. H owever, the Project, a 103,965 sq. ft. shopping center anchored by Pavilions Supermarket, is built out and in compliance with the Conditions of Approval.
There are no pending amendments to the PD/DA.
3 • PD 89-4 (Burbank Town Center) : The application for the Fifth Amendment to the Planned Development Zone was filed on June 27, 2016. In 2022, the project request was withdrawn by the landowner, however, the City continues to work with property ownership on possible future land uses to be considered in alignment with the proposed Downtown Burbank Transit Oriented Development (TOD) Specific Plan Project. Staff continues to engage with the current ownership entities (as of July 2024, includes the Onni Group, a Toronto-based investor and developer with expertise in the construction of office space and mixed- use developments) on the future redevelopment of the properties, and any amendments will be submitted after the Downtown Burbank TOD Specific Plan is adopted.
• PD 97-03 (Burbank Empire Center): The City is currently working with the property owner and Caltrans to correct the current lot line location of the Empire Center property because of the Empire Avenue Interchange project. The affected project site area includes the unfinished right -of-way construction and landscaping along the south side of Empire Avenue near Victory Place that was part of the public right -of- way improvement for the Empire Avenue Interchange project. To address this change in property line location and the resulting reducti on in existing building setback along this portion of the Empire Center, the property owner has requested and submitted a lot line adjustment and variance application with the City on May 6, 2024. The application is currently under review.
PDs with Active DAs:
Staff is monitoring the 14 active PDs to ensure progress and compliance with development requirements including requirements of Mitigation Monitoring & Reporting Programs (MMRP), and conditions of approval contained in associated DAs. An overview of the active PDs , along with their status and ongoing monitoring of MMRPs and conditions of approval, is included as Attachment 1.
If a developer is found to be out of compliance with the terms of the PD or DA , DAs typically outline a procedure for the City to provide notice of default and a time to cure the default. If the default is not cured and/or if there is substantial evidence that a developer has not complied in good faith with the terms and conditions of the DA, then the City may initiate proceedings to terminate the DA and rezone the property. All the active PDs comply with the requirements of their respective DAs, as noted in Attachment 1.
PDs with Expired DAs:
Since staff’s last update to Council, no DA’s or their related PD’s have expired.
Denied or Withdrawn:
Since staff’s last update to Council, no new PDs have been denied or withdrawn.
4 Submitted (Under Review):
Staff is currently reviewing applications for three proposed PDs. The proposed PDs are located at:
• 2500 North Hollywood Way “Airport Marriott Hotel Expansion” (under review); • 160 West Olive Avenue “Olive Station” (on hold); and
• 10 West Magnolia Boulevard “Burbank Common” (on hold).
ENVIRONMENTAL REVIEW
Council’s annual review of C ity-approved PDs and DAs has been determined to be exempt from the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines § 15306 pertaining to information collection activities, which do not result in disturbance to an environmental resource. As the purpose of the report is intended to provide data and research strictly for information gathering, there is no lead agency action that would result in disturbance to an environmental resource.
FISCAL IMPACT
The annual review on the status of City-approved PDs and associated DAs will not have a fiscal impact on the City , as the staff time necessary to complete the report was accounted for as part of the Fiscal Year 2023-24 Budget.
CONCLUSION
The annual review of PDs and DAs provides an opportunity for the City to confirm that developers and property owners are complying with the terms of their respective agreements, and it allows the City an opportunity to work with developers or property owners to address any concerns. As of the date of this report, s taff has determined that all active PDs and associated DAs comply with their respective DA terms, conditions of approval, and any associated mitigation monitoring and reporting program requirements.
ATTACHMENTS
Attachment 1 – Summary of Planned Developments and Development Agreements