PURPOSE:

 

To consider a request by M. David Paul Development, LLC, to amend Planned Development No. 89-7 (�Media Studios North�) to increase the total project size by 275,000 square feet. The project, as currently approved, is entitled for 650,000 square feet of office space. The request also involves the expansion of the project area to include properties fronting along Avon Street and the Summary Vacation of an existing utility easement within that property.

 

BACKGROUND:

 

Property Location: The subject property is located on the north side of Empire Avenue between Ontario Avenue and Avon Street. (Exhibit A-1) The property is bounded to the north by the Burbank Airport Hilton and a four (4) story office building which is part of the Media Studios North facility but not a part of the Planned Development.

 

Zoning:  With the exception of the properties fronting Avon Street, the subject property is zoned Planned Development No. 89-7. The properties along Avon Street which are proposed to be incorporated into Planned Development No. 89-7 are currently zoned M-2 General Manufacturing. The Hilton property is zoned Planned Development No. 89-1. Properties on the east side of Ontario Street are predominantly zoned R-4 Residential Multiple Medium Density with the exception �The Cottages� which are zoned Planned Development No. 2000-3. Properties to the south and west of the site are zoned M-2.

 

General Plan Designation:  The subject property has a General Plan Land Use designation of Limited Commercial. The property is located within the Golden State Redevelopment Project area.

 

Property Dimensions:  The subject property is approximately 11.38 acres in size (495,713 square feet). The property is generally rectangular in shape. The property has approximately 490 feet of frontage on Avon Street, 1,300 feet of frontage on Empire Avenue, and 550 feet of frontage along Ontario Street.

 

Street Classifications:  Empire Avenue is designated as a Secondary Arterial with a right-of-way of eighty (80) feet (68 feet paved with 6 foot parkways). Avon Street is a Local Street with a sixty (60) foot right-of-way (36 feet paved with 12 foot parkways). Ontario Street is designated a Local Street with a sixty (60) foot right-of-way (36 feet paved with 12 foot parkways).

 

Project History: The proposal is the 2^nd Amendment to Planned Development No. 89-7. The project was originally approved in 1991 as the Burbank Business Centre project and subsequently amended in 1997 to permit the construction of the Media Studios North project. Prior to the establishment of Planned Development No. 89-7, the property was part of the site of Lockheed�s Building 85, a warehouse facility that included approximately twenty-one (21) acres, including the site of the Burbank Airport Hilton.

 

Burbank Business Centre

In November 1991, the City of Burbank approved Planned Development No. 89-7, which permitted the development of the Burbank Business Centre project, a 650,000 square foot office project on the subject property. The project proposed the construction of four (4) office buildings, ranging from three (3) to five (5) stories in height and two (2) partially subterranean parking structures providing eight (8) to nine (9) levels of parking. Though the primary use of the buildings was planned to be general office use, the proposal included a food court, child care facility, and incidental retail uses were planned as project amenities.

 

The Burbank Business Centre development was proposed to include frontages on both Avon Street and Ontario Avenue (similar to the current amendment proposal). However, the Avon Street properties were, at the time, owned separately from the balance of the site, which was owned by the Redevelopment Agency. As such, two (2) development alternatives were approved, a 650,000 square foot alternative for the whole site and a 475,000 square foot alternative for the site excluding Avon Street frontage.

 

The project also included a General Plan Amendment to change the land use designation of the entire site (including the Avon Street frontage) from General Manufacturing to Limited Commercial. The project was approved with an Environment Impact Report and a Statement of Overriding Consideration was adopted due to unmitigated cumulative impacts to recreation services, school services, and regional air quality.

 

The Burbank Business Centre project was never developed due to changes in the real estate market and an inability to secure tenants.

 

Media Studios North

Once it was apparent the Burbank Business Centre project would not be constructed, the Redevelopment Agency began to market the entitlements for the site to other developers. In 1996, M. David Paul Development, LLC submitted an application to amend Planned Development No. 89-7 in order to construct the Media Studios North project on the site. The project was subsequently approved in April 1997. (Exhibit B-1)

 

The size and nature of the approved Media Studios North project is similar to those approved for the Burbank Business Centre. The project involved the construction of 650,000 square feet of office space and associated parking. However, the approved Media Studios North project involved slight modification to the permitted on-site uses and the boundaries.

 

Media Studios North, like the Burbank Business Centre, is primarily an office project. However, the project includes provisions to construct a child care center, retail uses ancillary to on-site uses, research and development facilities, studios and related media uses, and some food service uses.

 

The boundaries of Planned Development No. 89-7 were also modified to facilitate a more efficient project design. The property to the north of the project along Ontario Street (formerly Lockheed�s �Skunkworks�) is developed with a 190,000 square foot office building which is owned by an affiliate of M. David Paul Development, LLC.[1] As part of the amended Planned Development No. 89-7, the boundaries were moved to include 21,397 square feet of land from the northern property. The project boundaries excluded the separately owned parcels along Avon Street that were part of the larger development scenario for Burbank Business Centre.

 

Unlike the majority of planned development projects, which generally have a specific site plan approved and building locations and dimensions that are clearly defined, the Media Studios North project was approved in a manner which is more consistent with a zone change. The Media Studio North project did not establish a precise site plan for buildings or establish the number of buildings that would be constructed as part of the project. Rather, development envelopes were established as part of the project approval and development was subject to conformance with an architecture and landscape design statement that was prepared by M. David Paul Development, LLC. (Exhibit B-2)

 

This type of approval provides the developer with flexibility to develop the buildings on site to meet the specific needs of future tenants. For example, if a potential preferred a particular floor plan or building design, the Planned Development would permit flexibility to construct buildings to meet those needs. Similar to development in traditional zones, each building is evaluated individually based upon the development standards of the Planned Development rather than on conformance to an approved plan. In the approvals for Media Studios North, all development standards applied to the project were equal to or greater than development standards generally allowed for projects in zones that permit similar land uses. The only exception being that the Planned Development eliminates the conditional use permit requirement for buildings over thirty-five (35) feet in height, establishing a maximum height limit of ninety-six (96) feet above the garden plaza, which is approximately ten (10) feet above grade.

 

Due to the proposed project modifications, a new environmental analysis was conducted for the Media Studios North project. A Mitigated Negative Declaration, which utilized the prior Environmental Impact Report as a reference for the evaluation of impacts, was adopted for the Media Studios North project indicating that no significant, unmitigated environmental impacts would result from the project.

 

Current Buildout

Currently, two (2) buildings have been constructed pursuant to the approvals of Planned Development No. 89-7. The first building, which was constructed in 1997 (2255 Ontario Street), is five (5) stories above a partially subterranean garage with a floor area of 208,245 square feet. The second building, which was constructed in 2000, is a 91,600 square foot, three (3) story building constructed above a semi-subterranean parking structure. (Exhibit B-3)  Additionally, when the second building was constructed, the excavation for the parking structure for a planned third building was completed. However, construction has not begun on the third building.

 

Part of the project approvals for Media Studios North included a requirement to either construct a childcare facility on-site or participate in the construction of an off-site facility. This requirement has been met through the developer construction of the Burbank Housing Corporation Children�s Center, which was part of Planned Development No. 2000-3, located on the east side of Ontario Street, directly across from the project site.

 

Project Description:  M. David Paul Development, LLC is requesting approval to amend Planned Development No. 89-7 in two (2) ways. First, the developer is proposing to increase the total project entitlement by 275,000 square feet, to a total of 925,000 square feet. Second, the developer is proposing to expand the boundaries of the project to include a 0.52 acre property fronting Avon Street which is contiguous to the project site. (Exhibit C)

 

As in the previous project approvals, the proposed amendment functions more as a zone change than a typical building project. The amendment expands the density of development permitted within and boundaries of the Planned Development No. 89-7 zone. Since the project does not establish the construction of specific buildings or the location of buildings, development plans have not been included as part of the application.

 

As plans are submitted by the developer for buildings within the project, each building will be reviewed for conformance with the development standards established for the project as well as those that are generally applicable to all projects within the City. This includes issues pertaining to site circulation and access, building, and fire provisions.

 

The project also includes a request to vacate an existing utility easement located on the 0.52 acre property fronting Avon Street.

 

Municipal Code Conformance:  Pursuant to Section 31-19119 of the Burbank Municipal Code, the Planned Development process is an alternate process to accommodate unique developments which would create desirable, functional and community environment under controlled conditions of a development plan. The Planned Development process incorporates any other discretionary entitlements such as conditional use permits and variances. As part of the Planned Development process, the developer and the City enter into a development agreement which establishes parameters for the development of a project, including, but not limited to, establishing the scale and nature of uses and timelines for completion. The development agreement provides the developer with the security of vesting rights to develop a project as approved.

 

The Planned Development process creates a new zone with its own development standards. In order to evaluate the proposed amendment, it is helpful to examine the project with regard to the existing standards of Planned Development No. 89-7 as well as applicable Municipal Code standards.

 

Development standard	Current Approvals	Proposed Amendment
Land Use (office)	Permitted	No change proposed
Density	FAR = 1.37    650,000 s.f. on 473,114 s.f.	FAR = 1.87   925,000 s.f. on 495,713 s.f.
Height	Maximum of 96� above garden plaza	No change proposed
Setbacks	20% of building height   Buildings over 3 stories = 50� setback from Ontario Street	No change proposed
Parking spaces	Minimum 3 spaces per 1,000 square feet of adjusted gross floor area (approximately 3.5 per 1,000 s.f. as built)	No change
Parking structure setbacks	Setback from street = 10�	No change proposed
Art in public places	1% of total project cost	Art in Public Places applies to amendment

 

Public Correspondence: At the time of the preparation of this report, the Planning Division has not received any correspondence regarding the subject application. Any comments or correspondence received will be forwarded to the Board.

 

Planning Board Action: The Planning Board considered the subject request at its regular meeting of December 13, 2004. The staff recommendation was to recommend the project for approval to the City Council.

 

At the conclusion of the public hearing, during which time no members of the public spoke, the Board began deliberations on the project. The Board�s deliberations focused primarily on the traffic impact analysis for the project. Board members expressed concern about the cumulative impact of the proposed expansion in conjunction with the unbuilt remainder of the existing entitlement. Likewise, the impact of the project on Avon Street, which is currently designed as two lanes, was discussed, with particular concern about the impact of the proposed vehicular access on vehicle movements. The Board raised questions about the manner in which trip distribution was assigned for the project and whether additional intersections, notably �Five Points� (Victory Place, Victory Boulevard, and Burbank Boulevard), should have been included within the analysis. The Board also recommended that the property be held under a single ownership to insure that future phases of development are consistent with existing phases. The Board requested that staff respond to these issues before the item is presented to the City Council.

 

The Board voted 5-0 to recommend approval of the project (Resolution attached as Exhibit F-1; draft minutes for December 13, 2004 meeting attached as Exhibit F-2).

 

A discussion of the traffic and circulation issues raised by the Planning Board is provided within the subsection of this report titled Traffic/Circulation.

 

While staff concurs with the Board�s goal to insure that future development is consistent with the quality of the existing development on-site, it is staff�s assessment that any requirement limiting transfer or subdivision of ownership is not necessary as all future development must be in substantial conformance with the current development. Additionally, such a restriction could restrict the developer�s ability to finance individual buildings separately. Likewise, it would preclude any future tenants that may have an interest in owning a building from becoming project tenants.

 

ANALYSIS:

 

Planned Developments involve the establishment of new zones with established uses and development standards that are tailored to the particular development. The Planned Development process is intended to result in projects that would be harmonious with the surrounding community under the controlled conditions of a development plan.

 

Surrounding Neighborhood: Ontario Street serves as a boundary between a residential enclave and commercial and industrial uses that are prevalent around the Bob Hope Airport. The properties on the opposite side of Ontario Street are predominantly developed with multifamily residential projects. The Burbank Airport Hilton and former �Skunkworks� building are located north of the property. Railroad right-of-way and industrial properties are located south of Empire Avenue.

 

Project Characteristics: The proposed amendment would increase the entitlement of Planned Development No. 89-7 by 275,000 square feet to a total of 925,000 square feet and expand the boundaries of the project to include 0.52 acres on the east side of Avon Street contiguous with the project site.

 

Architecture

The Media Studios North development can be described as a mid-rise office park. The project is designed to be constructed above a garden plaza level with landscaped courtyards and common amenities. The garden plaza sits above the parking for the project.

 

The original project approvals required minimum building material standards to be maintained through the project. These include the use of, at minimum, colored precast concrete panels with aluminum framed windows and parapets to shield rooftop equipment. The existing buildings incorporate balconies and other features to create variations in plane and provide architectural relief. The buildings also utilize landscaping as a means of softening facades.

 

All future construction on site will remain consistent with the existing building design and architecture.

 

Height

As noted previously, the approval of the Media Studios North project established a maximum envelope for development of the site. One of the primary development restrictions placed on the project was a height limit of ninety-six (96) feet (6 stories) above the garden plaza level, which was anticipated to be approximately ten (10) feet above the average grade of the site.

 

The proposed amendment would not modify the existing building height limits.

 

Traffic/Circulation

When Media Studios North was approved, access to the project was intended to come primarily from Empire Avenue. Access to the site was to consist of the following:

• A drop-off area with no vehicular parking garage access on the southern portion of the site;

• Two ingress/egress points along Empire Avenue frontages;

• Two ingress/egress points along Ontario Street; and

• A non-public access point located on the very southwest corner of the property for fire/emergency access.

The project parking areas were intended to be interconnected. All circulation within the parking structure was required to meet City of Burbank standards.

 

Currently, none of the buildings along the Empire Avenue frontage have been constructed. As such, the primary vehicular access to the two (2) buildings that have been constructed is from Ontario Street. The emergency access has been provided for the site. However, with the acquisition of the Avon Street frontage, emergency access to the site is currently provided from Avon Street, utilizing a fire lane at the rear of the project consistent with City standards.

 

The acquisition of the Avon Street frontage and proposal to incorporate that property into the project has provided the developer with more flexibility regarding site access. As such, the proposed amendment would include a modification to allow the primary site access to come from Avon Street, rather than Empire Avenue as previously approved. This modification would have the benefit of removing major ingress/egress points from Empire Avenue as well as providing the project with more direct access to Hollywood Way via the Avon Street connector, which has been constructed since the project was approved.

 

As part of the environmental analysis conducted for this project, a traffic impact analysis was conducted by Kimley-Horn and Associates. The traffic analysis indicated that the project would result in significant traffic impacts on four (4) study intersections. The impacts at each of these intersections can be mitigated to a less than significant level.

 

The level of service at one of the study intersections, Hollywood Way and Alameda Avenue, will be substantially improved with the construction of the Caltrans 134 on-ramp project. With the on-ramp project in place, the proposed amendment would not result in a significant impact on the intersection. However, since it is uncertain whether the ramp project will be in place by the final buildout, the traffic study investigated other methods of mitigating the impacts on the intersection. As no other mitigation measures were found to be feasible, the study recommends a mitigation measure to limit the size of additional project development to 271,000 square feet (a reduction of 4,000 square feet) which would reduce the impact on the intersection to a less than significant level.[2]

 

For all other intersections, the traffic analysis indicated that the additional floor area, with mitigation measures, would not result in a significant traffic impact. The traffic analysis was based upon the main project entrance being located along Avon Street. However, the existing access points on Ontario Street and access from Empire Avenue are also proposed for the project.

 

As noted previously, the project does not establish specific building locations. As such, specific site circulation and access issues will be evaluated as each future phase is developed. All access and circulation is subject to the review and approval of the Traffic Engineer and must be consistent with all City standards.

 

Response to Planning Board Comments

During the Planning Board�s deliberations, a number of questions were raised about the traffic impact analysis that was prepared for this project. In particular, a concern was raised about whether the analysis adequately addressed the cumulative impacts on the remaining unbuilt portion of the current entitlement and the additional floor area proposed by this amendment.

 

The California Environmental Quality Act (CEQA) requires review of both a project�s direct impacts as well as the cumulative impacts of a project and other projects in the vicinity. The traffic analysis evaluated both the direct impact of the proposed amendment and the cumulative impact of the project in conjunction with four (4) other projects in the vicinity. Included within these four (4) projects is the 350,000 square feet of the current entitlement that has not yet been constructed. The proposed mitigation measures bring the proposed amendment�s direct and cumulative impacts to a less than significant level at all study intersections.

 

The Board also questioned whether additional improvements are required to handle the traffic on Avon Street that would result from this project. Based upon the number of trips anticipated on Avon Street during the peak periods, the study indicated that no improvements are required on Avon Street. Additionally, a signal warrant analysis has indicated that a traffic signal is not warranted at the intersection of Avon Street and Empire Avenue. Since a final site plan for the project has not been developed, the specific locations of project driveways along Avon Street has not been determined. The proximity of these driveways to intersections and other driveways could result in conflicts affecting traffic flow on Avon Street. As such, a condition of approval has been incorporated to require all vehicular access to the site to be approved by the Traffic Engineer to insure that these driveways do not impede the flow of traffic. The existing right-of-way is adequate to accommodate a two-way left turn lane on Avon Street if warranted by the Traffic Engineer.

 

The Board also raised questions regarding how trips were distributed within the traffic analysis. Specifically, the Board was interested in the percentage of project trips that were directed through the intersection of Victory Place and Empire Avenue. Trip distribution for the project was prepared in accordance with City standards and in consultation with Kimley-Horn and Associates and the Transportation Planning Division. In general, the distribution was based upon an assumption that the majority of employees would travel from other parts of the San Fernando Valley and Santa Clarita via Interstate 5 or State Route 134 with a lesser percentage coming from Downtown Los Angeles. This is due to the fact that an office project generally attracts trips during the peak periods from residential areas. The distribution also assigned traffic based upon ease of turning movements.

 

Finally, the Board requested information regarding the decision to not include �Five Points� as a study intersection. Generally, traffic studies for a project of this size only evaluate intersections within a mile of a project site. In this case, certain intersections, such as Hollywood Way and Alameda Avenue, were included that were outside of that radius because of their importance in linking the project with State Route 134. �Five Points� was not included because of its distance from the project site and the fact that it is not a likely access point to the freeway. However, the study indicates that thirty-seven (37) trips during the AM Peak and thirty-two (32) trips during the PM peak would move through the intersection at Empire Avenue and Victory Place. It is a reasonable assumption that all of these trips would travel through �Five Points�. The magnitude of these additional trips in comparison to existing traffic volumes would result in an impact that is substantially below the City�s level of significance.

 

Setbacks

The Burbank Municipal Code requires that buildings be setback an average of five (5) feet or twenty (20) percent of the building height, whichever is greater. The current project approvals did not grant any exception to typical Code requirements for setbacks. Furthermore, the existing approvals require that any building that is taller than three (3) stories must be setback fifty (50) feet from the property line along Ontario Street. The parking garage is required to maintain a minimum setback of ten (10) feet.

 

No changes are proposed to the existing setback standards for the project as part of this amendment.

 

Parking 

Parking for the project is to be provided within a semi-subterranean garage. The garage is proposed to be constructed as part of each new phase of construction. All parking areas within the project area intended to be interconnected. The project is required to provide the Burbank Municipal Code requirement for office space (3 spaces per 1,000 adjusted gross square feet). However, the project currently provides approximately 3.5 spaces per 1,000 square feet of floor area.

 

The proposed amendment will not modify any of the existing parking requirements for the project. All new development will be subject to office parking requirements.

 

Landscaping

The original project proposal for Media Studios North and current construction utilizes extensive landscaping within the garden plaza. The original project description called for up to thirty (30) percent of the site area to be open space, including outdoor seating areas and walkways surrounded by landscaping. This amount of landscaping is well in excess of minimum commercial and industrial standards within the City. The landscaping serves as a means to soften the exterior edges of the project as well as acting as an amenity to tenants of the project. Additionally, the original project approvals required additional trees to be planted along Ontario Street to mitigate aesthetic impacts on surrounding residential properties. These trees have already been planted on the site.

 

With the proposed amendment, landscaping will remain an integral component of the project. No changes to the existing landscaping concept are requested as part of this amendment.

 

Noise

Like any project, ambient noise levels in the project vicinity will increase during construction. The proximity of the project site to sensitive receptors (residential uses and a child care facility) requires additional consideration of noise impacts. The original project approvals placed a number of restrictions on project design and construction activities in order to reduce noise impacts to a less than significant level. These included restrictions on construction hours (7:00 a.m. to 7:00 p.m. Monday through Saturday, minimizing openings on the eastern face of the parking structure along Ontario Street, and the installation of acoustical insulation to mitigate noise impacts on the project from the airport. Since the project approval, the City of Burbank has established limitations on hours of construction that are more stringent than those applied to the project. As such, the approved hours of construction will be limited to bring them into consistency with current construction hour limitations (7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturday). All other requirements that were applicable to prior approvals will be applied to the amendment.

 

Additionally, as part of the environmental review for the project by Christopher A. Joseph and Associates (CAJA), a noise impact analysis was conducted. The analysis evaluated both the impacts of noise generated by the project on surrounding properties and the impact of existing noise sources in the area (such as the Bob Hope Airport) on the project. The analysis found that the proposed amendment would not individually or cumulatively result in significant operational noise impacts with the proposed mitigation measures. Mitigation measures proposed for the project include maintaining separation between equipment areas and the day care center and the installation of noise protective barriers.

 

Department Comments: The subject application and plans were routed to City departments and divisions for review and comment. All code related comments from the departments and divisions (Exhibits D-1 through D-5) have been included in the partial list of code requirements. 

 

Environmental Review: As part of the environmental review for the project, the City circulated a Request for Proposals (RFP) to prepare the environmental documents required by the California Environmental Quality Act (CEQA). Based upon the responses to the RFP, Christopher A. Joseph and Associates was chosen to do the environmental analysis with Kimley-Horn and Associates as a subcontractor responsible for the preparation of the traffic impact analysis. Based upon the result of these analyses, a Mitigated Negative Declaration has been prepared for the project, which indicates that the project will not have a significant impact on the environment. (Exhibit E)

 

CONCLUSION:

 

The purpose of the Planned Development process is to provide an alternate process to accommodate unique developments for residential, commercial, professional, or other similar activities, including modified development standards which would create a desirable, functional and community environment under controlled conditions of a development plan.

 

The proposed amendment expands the amount of development permitted within Planned Development No. 89-7 by 275,000 square feet. The amendment also expands the area of the site to include 0.52 acres fronting along Avon Street, contiguous to the site.

 

Planned Development Findings

Section 31-19127(h)(3) of the Burbank Municipal Code states that prior to approval of a Planned Development, the Planned Development must be found consistent with the General Plan and all applicable community plans and that the design criteria identified in Section 31-19124 of the Burbank Municipal Code have been satisfied.

 

General Plan and Community Plan Consistency

The Land Use Element of the General Plan identifies the Planned Development process as a means to facilitate and encourage unique development process provided that development is consistent with the General Plan. The General Plan designation for the subject property is Limited Commercial. This designation is intended to provide land for general commercial uses such as business and professional offices, retail sales, and commercial services. The General Plan indicates that groupings of professional offices are appropriate for this designation.

 

The proposal is consistent with the uses and policies established for the Limited Commercial land use designation. The project will provide opportunities for additional office space in the area.

 

Design Criteria

Section 31-19124 of the Burbank Municipal Code establishes nine (9) design review criteria for Planned Development applications.

 

q       The design of the overall planned development shall be comprehensive and shall embrace land, buildings, landscaping and their interrelationships and shall be substantially consistent with the General Plan and any applicable Element of the General Plan.

 

The project utilizes the garden plaza above the parking deck to create a variety of open space opportunities and amenities for project tenants while maximizing the amount of parking that can be provided on site. The development of the project is unified around the garden plaza and integrated with the former �Skunkworks� building which is part of Media Studios North but outside the boundaries of the Planned Development. The project includes integrated parking facilities as well as amenities, such as a fitness center, accessory retail uses, and a commissary that create a comprehensive, integrated project.

  

q       The planned development shall provide for adequate permanent open areas, circulation, off-street parking, and pertinent pedestrian amenities. Building structures and facilities and accessory uses within the planned development shall be well integrated with each other and to the surrounding topographic and natural features of the area.

 

The project meets or exceeds the City�s parking requirement for general offices of three (3) parking spaces per 1,000 square feet of adjusted gross floor area. All parking areas are to be internally connected in accordance with City standards for vehicular circulation. The utilization of semi-subterranean parking and the development of a garden plaza above the parking deck allows for the installation of permanent open areas without impacting the ability to provide on-site parking. At least thirty (30) percent of the site is proposed to be devoted to open space areas including pedestrian circulation and other active and passive recreation facilities.

 

q       The planned development shall be compatible with existing and planned land use on adjoining properties.

The proposed amendment would increase the intensity of office use on the property as well as expanding the project boundaries. The increased density is likely to occur on portions of the property that are farthest from residential uses and the day care on Ontario Street. Furthermore, the relocation of the primary project entrance to Avon Street further removes traffic from the residential uses along Ontario Street.

 

q       Any private street system or circulation system shall be designed for efficient and safe flow of vehicles, pedestrians, bicycles, and the handicapped, without creating a disruptive influence on the activity and functions of any area or facility

 

The internal circulation system will be designed in accordance with City standards. While the precise location of vehicular ingress/egress points is contingent upon the final building locations, all points of ingress/egress will be designed and situated in accordance with City of Burbank standards. The project design incorporates pedestrian circulation on garden plaza level located above the primary vehicular circulation. All improvements will be constructed in accordance with the applicable standards including, but not limited to, the Americans with Disabilities Act.

 

q       The public street system within or adjacent to a planned development shall be designed for the efficient and safe flow of vehicles (including transit vehicles), pedestrians, bicycles, and the handicapped. Public streets shall be designed using standard City lane widths, capacities, and travel speeds. The design shall also include adequate space and improvements for transit vehicles and facilities for bicycle and pedestrian circulation. City standard entrance control requirements shall be maintained. Design of major streets shall also provide sidewalks, adequate street lighting, and concrete median islands on arterial streets.

 

There is no public street system proposed as part of the project. As part of the review for the project, a traffic study was prepared by Kimley-Horn and Associates which concluded that, with the mitigation measures proposed, the project would not have a significant impact on the street system. The project will comply with all City requirements designed to encourage the utilization of alternative forms of transportation.

 

q       Common area and recreational facilities shall be located so as to be readily accessible to the occupants of residential uses.

There are no residential uses proposed as part of this project.

 

q       Compatibility of architectural design and appearance including signing throughout the planned development shall be sought. In addition, architectural harmony with surrounding neighborhoods shall be achieved so far as practicable.

 

The additional 275,000 square feet of development proposed by this amendment will be consistent with the existing and approved architectural guidelines for the Media Studios North Project.

 

q       Where applicable, an adequate variety of uses and facilities shall be provided in order to meet the needs of the planned development and adjacent neighborhoods.

 

The project includes a variety of amenities, including walking paths, fitness facilities, on-site retail and services, and a commissary which are intended to serve the needs of employees working on the property. These amenities make it more attractive for employees to remain on the site during the day, resulting in a reduction of vehicle trips during the day.

 

q       The planned development and each building intended for occupancy shall be designed, placed, and oriented in manner conducive to the conservation of energy.

The developer will be required to comply with all applicable City requirements intended for energy reduction.

 

Vacation Map No. V-335

The applicant, M. David Paul Development LLC, is requesting the vacation of the utility easement (Exhibits G-1 and G-2) to allow for the development of the use as set forth in the proposed Amendment to Planned Development 89-7.

                       

The alley was vacated in June, 1941 (per resolution No.1943) and August, 1943 (per resolution No. 2363) reserving the public utility easement. There are no utilities in this segment of the utility easement. 

 

Public service easements are use restrictions that are acquired for public entities for street, utility or highway purposes. The vacation process removes the public�s right to use a street or public service easement. The vacation resolutions in 1941 and 1943 vacated the alley but retained the public utility easement in the vacated area. M. David Paul Development LLC has purchased all of the property adjacent to the area to be vacated and the public utility easement is no longer needed to serve individual ownership on the block. 

 

The proposed resolution to summarily vacate has been submitted to all appropriate City departments and all outside utilities have reviewed the proposed vacation including Pacific Bell, Charter Communications, the Gas Company, and the Los Angeles Department of Public Works.  There are no public utilities in the area to be vacated and staff has not received any objections to the proposed vacation.

 

The Streets and Highways Code, Section 8333 provides two procedures for vacating public services easements. One procedure requires a public hearing unless at least one of the following three conditions is applicable:

 

(a)        The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.

 

(b)        The date of dedication or acquisition is less than five years and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.

 

(c)        The easement has been superseded by relocation and there are no other public facilities located within the easement.

 

The summary vacation process differs from the normal vacation process in that a public hearing is not required. Since one or more conditions, as stated above, are applicable, the Summary Vacation process may be used to vacate a portion of the easement. This utility easement has not been used as intended;, therefore, the vacation qualifies for the summary vacation process.

 

Staff recommends that the City Council adopt the proposed resolution.

 

RECOMMENDATIONS:

 

Staff recommends that the City Council approve the 2^nd Amendment to Planned Development No. 89-7 and the Mitigated Negative Declaration and Development Agreement related thereto subject to the proposed conditions of approval.

 

Staff recommends that the City Council adopt a resolution approving the Mitigated Negative Declaration prepared for the project.

 

Staff recommends that the City Council adopt a resolution approving Vacation Map No. V-335.

 

Staff recommends that the City Council adopt an ordinance approving the Second Amendment to Planned Development No. 89-7 and the Development Agreement related thereto.