Council Agenda - City of Burbank

Tuesday, December 9, 2003

Agenda Item - 7

 

 
DATE: December 9, 2003
TO: Mary J. Alvord, City Manager
FROM:

Susan M. Georgino, Community Development Director

via:  Art Bashmakian, Assistant Community Development Director/City Planner

by:  Joy R. Forbes, Principal Planner
SUBJECT:

CORRECTION TO LEGAL DESCRIPTIONS FOR PLANNED DEVELOPMENT NO. 2002-1 with DEVELOPMENT REVIEW NO. 2002-11 and TENTATIVE TRACT MAP NO. 53905 and PLANNED DEVELOPMENT NO. 2002-3 with DEVELOPMENT REVIEW NO. 2002-43

OPPORTUNITY SITE NO. 2 (aka: Old Police Block)

152 South San Fernando Boulevard and 250 East Olive Avenue

Applicants:  The Olson Company and Burbank Civic Plaza, LLC

PURPOSE:

The purpose of this report is to correct the legal descriptions of the above referenced zones to correspond with the actual projects and with the deeds from the Redevelopment Agency.

 

 

BACKGROUND:

In February and March 2003, City Council approved Planned Development Nos. 2002-1 and 2002-3 in Ordinances numbers 3618 and 3619 for the Olson and Cusumano projects, respectively.  Each ordinance provided an exact legal description as well as a map of the new zone.  Subsequent to the date of the entitlements, the legal descriptions have been refined.  Since the new descriptions vary slightly from those in the ordinances, this action by Council to correct the record is required.

 

The legal description of the Olson Planned Development (PD) zone needs to be refined to exclude 1) a portion of a previously unknown encroachment of the Radio Shack building; and 2) a portion of the Cusumano PD that now includes a small strip of the Olson land. The Radio Shack encroachment was discovered during pre-acquisition activities and during the Agency demolition  of the buildings along San Fernando Boulevard.  During this time, a new survey was conducted where it was found that portions of the �Radio Shack� building encroached on the Burbank Redevelopment Agency property both to the east and to the south.  Because of the encroachment to the east, the property allocated in the Tentative Tract Map for PD 2002-3 had to be adjusted by eight-tenths of a foot.  This requires that each PD legal description need to be refined to make these slight adjustments.

 

Because of these changes, the applicants in question would like to correct the respective legal descriptions of each PD zone to correspond with the unencumbered and desired property lines. The respective grant deeds will reflect the corrected legal descriptions, and The Olson Company does not desire to accept the conveyance of land with a portion zoned for the Cusumano PD.  In addition, when The Olson Company takes title of the property (expected on December 15, 2003) they intend to immediately transfer the property which contains the Radio Shack building footings to the Radio Shack property owner, free of the PD zone.  The Agency intends to transfer this encroachment area to The Olson Company as separate parcels.

 

ANALYSIS AND CONCLUSION:

Staff has reviewed the new legal descriptions and is of the opinion that the intent of the Council to create two planned development zones to effectuate the respective projects has not changed by the refinement of the legal descriptions.  In addition, any land to be transferred to the Radio Shack property owner in the future should not contain the PD zone, but rather the zones that were established before Council approved the PD.

 

An action to correct the record is similar to a nunc pro tunc order used by the courts to correct the record.  It generally supplements a prior order in a matter that it had jurisdiction over.  In order for the City Council to correct the zone boundaries listed in the ordinances, a resolution authorizing a nunc pro tunc action has been prepared.  The new legal description for PD #2002-3 (Burbank Civic Plaza, LLC-Cusumano) is attached as Exhibit A.  The new legal description for PD #2002-1 (The Olson Company) is attached as Exhibit B.  This resolution will authorize the City Clerk to make the necessary notations on the previously adopted ordinances to correct the legal descriptions.

 

A Mitigated Negative Declaration (MND) was prepared for both of these projects.  An Addendum has been prepared to make the appropriate corrections to the site location. (Exhibit C)

 

RECOMMENDATION:

Staff recommends that the City Council adopt a resolution allowing the City Clerk to make the modifications to the legal descriptions in Ordinance #3618 and Ordinance #3619.

 

 

LIST OF EXHIBITS

 

Exhibit A          New legal description and map for PD #2002-3

Exhibit B          New legal description and map for PD #2002-1

Exhibit C          Addendum to the Mitigated Negative Declaration

 

 

 

 

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