BACKGROUND:

On May 17, 2005, the City Council asked that staff bring back a report discussing the NBC Master Plan, the environmental review conducted for that project, and when new development would trigger additional environmental review.  This discussion was prompted because of the potential sale of the Catalina property.

ANALYSIS:

The area of the NBC Planned Development (PD) is approximately 44.57 acres and is roughly bounded by Warner Boulevard and the 134 Freeway on the south, California Street and Olive Avenue on the west, Alameda Avenue on the north, the property boundary of Providence St. Joseph Hospital on the east to Parkside Avenue on the south moving east to Bob Hope Drive down to Warner Boulevard.  The �Catalina Property� is that easternmost portion with the boundaries of Bob Hope Drive, Alameda Avenue, Providence St. Joseph Hospital and Parkside Avenue consisting of approximately 9.3 acres.

The master plan approved by the City in 1997 granted a total of 1,825,865 office equivalent gross square footage (OEGSF) for the entire NBC Studios area.  The approved master plan authorizes building heights of 205 feet (15 stories), 70 feet, and 50 feet and below, and it identifies the approximate locations of buildings on the studio property.  The Development Agreement allows considerable flexibility in building placement consistent with the environmental review and conditions of approval.  For the Catalina property, it was assumed that 875,400 square feet of media office, or 658,195 OEGSF, would be configured in two 15-story office buildings.  That represents approximately 36 percent of the total permitted development being located on property that constitutes 21 percent of the entire master plan area.

Whether a proposal to deviate from the project description would necessitate a new EIR or other environmental study would depend upon whether the �change� was consistent with the original environmental analysis and findings. (Exhibit A)  Since NBC has the right to modify the development pattern within specific constraints, the decision to require additional environmental analysis would be based upon the identification of new impacts caused by the change that were not previously studied.

The CEQA process carries with it a measure of finality and certainty.  Once an EIR has been certified, CEQA limits when additional environmental review can be required.  A subsequent or supplemental EIR may be required only where substantial changes are proposed in a project which would require major revisions to the previously certified EIR, or where there is new information involving significant environmental impacts that was not known and could not have been known or considered at the time the EIR was certified.  Simply because new development has been approved since 1997 does not mean that there is new information involving significant environmental impacts.  The EIR prepared in 1997 assumed 122 related projects in the cities of Burbank, Glendale and Los Angeles, and included an assumed growth rate for all sites not identified with a specific project. (Exhibit B)  Approval of a project within the 1.1 floor area ratio permitted in the Media District, for example, would not be considered new information involving significant environmental impacts.

RECOMMENDATION:

Staff recommends that City Council note and file this report.  Staff will notify the Council if any changes are proposed that would make the matter discretionary for additional environmental review.

EXHIBITS:

Exhibit A          Conditions of Approval including Mitigation Measures

Exhibit B          List of related projects studied in the EIR

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