1 STAFF REPORT
DATE: May 20, 2025
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
Vanessa Quiroz, Senior Planner
BY: Ryan Allen-Esquivel, Assistant Planner
SUBJECT: Annual Review of Planned Developments and Development Agreements
RECOMMENDATION
Receive and file annual review of each active Planned Development and related Development Agreement, as required by Burbank Municipal Code (BMC) §§ 10-1-19114 and 10-1-19129.
BACKGROUND
The Planned Development (PD) process was established and codified in the BMC in 1985 to allow for rezoning a property to a PD zone designation. This alternate process has allowed for unique developments for residential, commercial, professional, or other similar activities. In some instances, a PD may include combinations of uses and modified development standards, which can create a desirable, functional , and community - oriented environment under the controlled conditions of a development plan (BMC § 10- 1-19119). The BMC requires that a PD have approval of a Development Agreement (DA).
The DA is 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.
COMMUNITY
DEVELOPMENT
2 BMC §§ 10-1-19114 and 10-1-19129 require staff to provide the City Council (Council) with annual updates on the status of active PDs and DAs, and ongoing compliance with the terms of their respective agreements.
DISCUSSION
Since 1985, various developers have submitted a total of 1 19 PD applications (summarized below). 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 undertak es this annual review for 2024 to confirm the PDs and D As ongoing compliance with the terms of their respective agreements.
Staff notes the following definitions to help facilitate review of the summary table:
• Approved PDs – Total PD applications approved by Council since 1985. • Completed PD/DAs – PD applications that have been built and are in compliance with the related DA and mitigation measures.
• PDs with Active DAs – PD applications that have been approved and have an active DA. Property owners may be in the process of developing the project, all retain a vested right to develop the project through the term identified in the DA. • PDs with Expired DAs – PDs with DAs that were approved and have expired, but the project was never developed, or were replaced by another PD/DA. • Replaced by Other PD – Prior PD approvals that were replaced by subsequent PDs on the City’s Zoning map.
• Denied or Withdrawn – PD applications that were denied or withdrawn before Council consideration.
• Under Review – PD applications that are currently undergoing review and processing, or on hold.
• Submitted in 2024 – PD applications submitted in the current reporting calendar year.
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: 35 Under Review: 1
Submitted in 2024: 0
TOTAL 119
3 Approved PDs
Completed PD/DAs – Since the last update to Council on July 16, 2024, no active PD/DAs were completed. However, there is an update to a previously Completed PD/DA (PD No. 97-03). An overview of this update (Attachment 1) is summarized below.
• PD 97 -03 (Burbank Empire Center): In March 2024, a request was submitted to allow for an increase in total square footage allowed in Sub Area A of the PD to accommodate a 400- square foot addition and provide an office tenant additional storage and working space. Through Condition of Approval #1 of the PD, the Community Development Department Director authorized the square footage addition and deemed it to be in substantial conformance with the approved PD and associated conditions of approval.
On November 20, 2024, the property owner of Sub A rea C submitted a Preliminary Development Review (Pre-DR) application for the potential proposal to redevelop the building previously occupied by HomeTown Buffet as a new 10,975 square-foot three- unit building that would include a drive-through restaurant, retail tenant space, and regular restaurant. City staff conducted a comprehensive preliminary review of the proposal and provided comments on January 31, 2025. To date, the property owner has not submitted a formal DR application.
Last, the City is working with the property owner and Caltrans on a Lot Line Adjustment and Variance application to adjust lot lines and reflect correct underlying property ownership post completion of the Empire Avenue Interchange P roject. The affected area includes portions of property along the south side of Empire Avenue near Victory Place, adjacent to the Empire Avenue Interchange. The application was submitted on May 6, 2024, and is currently under review.
PDs with Active DAs
Staff monitors active PD/DAs to ensure progress and compliance with development requirements including requirements of Mitigation Monitoring & Reporting Program s (MMRP), and conditions of approval contained in associated DAs . There are 14 active PD/DAs. A summary of active PDs, their status, and ongoing monitoring of MMRPs and conditions of approval, is included in Attachment 1.
If a developer is found out of compliance with the terms of a PD or DA , DAs typically outline a procedure for the City to provide notice of default and a time to cure. 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 active PDs currently comply with the requirements of their respective DAs, as noted in Attachment 1. 4 PDs with Expired DAs
Since staff’s last update to Council, no DAs or their related PDs have expired.
Denied or Withdrawn
Since the last update to Council, a proposed planned development at 160 West Olive Avenue has been withdrawn.
• PD/DA at 160 West Olive Avenue – This PD/DA proposed a 327-unit, mixed-use project known as “Olive Station.” Originally submitted on September 9 , 2017, it was on hold until 2025. During this period, the applicant did not furnish any evidence of their intent to move forward with the project and instead has pursued alternatives at the subject property.
Under Review
One proposed PD/DA is currently under review.
• PD/DA at 2500 North Hollywood Way – This PD/DA propos es development of an Aloft and Residence Inn Dual Brand Hotel. The project would include a 7-story building with 420 hotel rooms and a detached parking structure. The application was submitted in 2016 and is still under review. In December 2024, a Draft Environmental Impact Report (EIR) was released for public review and comment.
Staff is currently working on the Final EIR and anticipates that the P D/DA will be considered by Council in the Summer of 2025.
Submitted in 2024
None.
ENVIRONMENTAL REVIEW
City Council’s annual review of City-approved PDs and DAs is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline § 15306 pertaining to information collection activities , which do not result in disturbance to an environmental resource. The purpose of the report is to provide data and research strictly for information gathering.
FISCAL IMPACT
The annual review of City-approved PDs and associated DAs will have no fiscal impact.
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 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 5 all active PDs comply with their respective DA terms, conditions of approval, and any associated MMRP requirements.
ATTACHMENT
Attachment 1 – Summary of Completed and Active Planned Developments and Development Agreements