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Council Agenda - City of BurbankTuesday, June 13, 2006Agenda Item - 1 |
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Council Agenda - City of BurbankTuesday, June 13, 2006Agenda Item - 1 |
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PURPOSE
The purpose of this report is to comply with Section 31-19129 of the Burbank Municipal Code, which requires the Community Development Director to submit to Council an annual review of each Development Agreement entered into pursuant to the Planned Development provisions of the Code. This review is for the time period of May 31, 2005 through May 30, 2006.
BACKGROUND
The planned development process began in 1985. Its purpose is to provide a process to rezone property to accommodate unique developments under controlled conditions. The Development Agreement (DA) is the implementation and enforcement tool for a Planned Development (PD); it is an agreement between the City and the applicant that provides vested rights to assure a developer that the planned development can be built within a prescribed time. The DA is used to implement the specific conditions of approval for the PD which have been imposed on a particular development project by the City Council.
The Burbank Municipal Code (BMC) requires an annual report to City Council on the status of each DA entered into as a part of the PD process (Section 31-19129). Similarly, the Code requires that the City Planner review, every twelve months, each development agreement for compliance with the conditions set forth in the agreement. This annual report summarizes the City Planner review. If there is a violation of a DA, then the Council can proceed, after a noticed public hearing, to terminate the agreement, but only if substantial evidence supports a finding that the developer has not complied in good faith with the terms and conditions of the DA. The PD zone remains in effect even after a DA has been terminated or expired, for that becomes the site�s permanent zoning. Once the DA has expired or been terminated, Council is free to rezone that property should it so desire.
If the City Planner finds that substantial evidence supports a finding that the developer did not comply with the terms and conditions of the development agreement in good faith, then he can set the matter for a hearing before the Planning Board. If the Planning Board makes a similar finding, then the matter goes before the City Council. These steps would occur prior to the Council annual review. (BMC 31-19114, 19115). The City Council may then initiate termination proceedings or modifications to the agreement in the event that it finds and determines that the applicant has not complied in good faith with the terms or conditions of the agreement. The Council is required to hold a public hearing prior to terminating or modifying a development agreement (BMC 31-19116).
Over the past 21 years during which the City has been using the Planned Development process, there have been a total of 106 Planned Development applications taken in. The current status of these PD applications is as follows:
In order to comply with Code requirements, the review provided in this report, deals with those DA�s entered into in conjunction with PDs and reports on the status of those agreements.
Active PDs There are currently 17 Active PDs; these are approved PDs that are not built or not yet complete. Staff monitors the Active PDs to ensure progress and compliance with development requirements and conditions of approval. All of the Active PDs are in compliance with requirements of their DAs (Exhibit A).
The 2005 Annual Review reported on discussions between Warner Bros. Studio and the City concerning a condition of the WB Master Plan approval (PD 94-7 for the Main Lot and PD 94-8 for the Ranch Lot) which requires Warner Bros to conduct a survey every 5 years of their employees� child care needs. If the survey shows that that their needs are not being met, WB is required to provide additional on-site child care facilities. Last year at this time, WB had not completed the survey and had raised a number of questions regarding the intent of the child care condition and the methodology to be used to conduct the needs survey.
During the past year, Warner Bros has provided information to staff in support of their contention that the requirement was intended to apply solely to growth in employment occurring subsequent to, and in accordance with, the 1995 Development Agreements. Staff understands WB�s contention that the condition is unclear as to its applicability and the appropriate methodology and threshold to identify an unmet need for additional on-site child care facilities. In reviewing all development that has occurred subsequent to and in accordance with the Master Plans, only the construction of a 24,000 sq. ft. post production facility on the Main Lot (Building 150) has the potential to add �new� employees on site. WB originally expected to move sixty-five employees from its West Hollywood facility into that building; however that has not yet occurred and the building currently houses employees that were relocated from another existing building on the Burbank lot. To date, WB has developed approximately 4% of their entitled Master Plan.
The next child care survey requirement will occur in 2010, when WB will be required to survey new employees housed in new facilities developed subsequent to the 1995 Development Agreements.
PDs with expired Development Agreements
There are 12 PDs with DAs that have expired. The Development Agreements for the following PDs have either expired prior to the approved projects being built, prior to the completion of the entire entitlement, or were never executed; the sites are therefore left with a PD zoning for an approved project but the developer no longer has vested rights to the project and those conditions and regulations that the City has imposed on the particular project, which were contained in the DAs, are no longer in effect.
PDs with Expired Development Agreements
The above sites are zoned as PDs yet are left without the Development Agreement which was negotiated in conjunction with the PD approval. Even when Development Agreements expire, the Planned Development zone, as with any other zone change in the City, stays in effect until a subsequent zone change replaces it with another zone. There is no automatic reversion back to the previous zoning.
Staff is working with the City Attorney�s office to amend the City Code to improve the use and administration of the PD process and to ensure that all requirements for the PD development and any conditions of approval would not be part of a DA that expires but rather an integral part of the approved Planned Development zone.
ANALYSIS
The annual review of Planned Developments and the Development Agreements for those Planned Developments is an opportunity to ensure that developers are complying with the schedule and conditions of approval that are part of the Development Agreements. Through this review process the City can ensure that the conditions of each active Planned Development are being met and where they are not being met, work to ensure compliance.
During the early 1990�s, following the passage of Measure One, the Planned Development process was used extensively to sidestep the tightening of development standards. Developers rushed to apply for PDs in order to obtain entitlements for projects they were concerned might not be approved once the new development standards called for by Measure One were codified. Several of these PDs were never built and the conditions of the entitlement detailed in the Development Agreement for these PDs expired along with the Development Agreement. As mentioned above, there are 12 such properties which have a PD zone designation with no Development Agreement. The City Code (Sec. 31-19129) states that the City Council �may terminate or modify the agreement (Development Agreement) without the consent of the applicant or his successors in interest in the event Council finds and determines � the applicant or successor in interest has not complied in good faith with the terms or conditions of the agreement�. The Code also states that the termination of a development agreement �shall result in the immediate reversion of the PD Zone to the R-1 Zone�. The City Attorney has informed staff that, in fact, there cannot be an automatic reversion to the R-1 zone but rather, the PD sites must go through the entire zone map amendment process. Staff is working with the City Attorney�s office to correct this part of the Code in conjunction with the other changes being made to the PD and DA sections of the City Code.
Staff is exploring the idea of using the PD zone as an overlay zone so that the property owner would have the option of building in accordance with the underlying zone rather than the approved PD should he so desire. Another idea that staff is exploring is delaying the change in the underlying zone until the approved PD has reached a certain stage in the development process that would likely ensure completion of the project, such as the issuance of building permits. Amending the City Code so that the underlying zone would not be changed would ensure that the Planned Development process functions as intended. There are several ways of achieving this end in addition to the use of an overlay zone and staff is working with the City Attorney�s Office to formulate an amendment to the Code to better implement the Planned Development process.
The Planned Development process is an important tool in the Planning toolbox to accommodate and facilitate unique developments in the community that can benefit from modified development standards. It is important, however, that there be an ongoing mechanism to ensure the continued compliance of the conditions of approval and project requirements; the current use of Development Agreements has not proven to be an effective way of regulating Planned Developments in that they expire thereby eliminating the requirements that are contained therein. Staff has been working with the City Attorney�s office to come up with changes to the PD process that would make sure that a PD zone would not be left without protections to ensure that all the conditions of the approved project are met. Over the past several years, Development Agreements are being written to include important conditions and development requirements in the Planned Development approval rather than in the Development Agreement so ensure that these will be in place for as long as the PD zone is on the property.
Staff will continue working with the City Attorney�s Office on a zone text amendment to eliminate the �zone reversion� clause for PDs with expired Development Agreements, and to ensure that PDs not be left without an underlying zone alternative in the event that they are not built in accordance with the provisions of the Development Agreement. Staff anticipates bringing this zone text amendment to the City Council for consideration by Fall 2006. .
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends that the City Council direct staff to work with the City Attorney�s office on amending the City Code relating to Planned Developments to improve the use and administration of the Planned Development process, eliminate the �zone reversion� clause, ensure that Planned Developments will not be left without an underlying zone alternative in the event that they are not built, and to ensure that important conditions and development requirements associated with a Planned Development will be in place for as long as the Planned Development zone is on the property.
LIST OF EXHIBITS
EXHIBIT A Summary of Active Planned Developments
EXHIBIT A
SUMMARY OF ACTIVE PDs (UNBUILT OR INCOMPLETE)
PLANNED DEVELOPMENT NO. 89-6 (Previously PD NO. 87-3)
Applicant: M. David Paul Development Project: Pinnacle (Previously JH Snyder, NBC/Cushman)
Location: 3300-3414 W. Olive Avenue and 121-221 California Street Original PD approved March 12, 1991 (Ord. 3238) Amended PD approved December 17, 1996 (Ord. 3455) Amended PD approved March 7, 2000 (Resolution 25702) Amended DA effective January 25, 1997 Amended DA expires December 31, 2012
The project is a unique media oriented development. It consists of 585,000 sf of office space within a six-story Mediterranean styled complex and four levels of subterranean parking.
The construction on this project has been completed and the developer has applied for a final Certificate of Occupancy for the 2nd and final phase of the project.
PLANNED DEVELOPMENT NO. 89-7
Applicant: M. David Paul Development Project: Media Studios North Location: 3101-3301 Empire Avenue between Ontario Street and Hollywood Way
Original PD approved November 5, 1991 (Ord. 3278) Amended PD approved April 15, 1997 (Ord. 3463) Amended DA effective July 14, 1997 Amended DA expires July 14, 2007 Second Amendment effective April 9, 2005 Second Amendment Expires April 9, 2012
The project is a unique media oriented development. Phase 5 of the project is under construction. Yahoo will be the primary tenant of Phase 5 development. This building will bring the total amount of development under this PD to 651,245 square feet.
EXHIBIT A PLANNED DEVELOPMENT NO. 91-13
Applicant: Walt Disney Company Project: Walt Disney Studios Master Plan Location: 500 S. Buena Vista
PD approved October 20, 1992 (Ord. 3317) DA effective November 24, 1992 DA expires November 24, 2017
The project is unique, with mixed-use studio elements.
The majority of the entitled floor space has been constructed; there remains approximately 250,000 sq. ft. left to be developed. The only remaining opportunity is for one additional structure on the southwest corner of the main campus. There is no development schedule for construction of the remaining floor area.
PLANNED DEVELOPMENT NO. 94-7
Applicant: Warner Bros. Project: Warner Bros. Studio Main Lot Master Plan Location: 4000 Warner Boulevard
PD approved October 10, 1995 (Ord. 3415) PD effective November 25, 1995 DA expires November 25, 2015
The project is unique, with various studio elements.
The 20-year master plan has been initiated and construction is in progress. Building 28, which replaced damaged office and warehouse space, was completed in 1997. The remodel of Building 6, Scoring and Dubbing Stages, was completed in 1998. Building 50, Feature stage, was completed in 1999. The Western back lot was converted to a New England theme with production offices in 2004. Construction of a new post-production facility was completed in 2005.
PLANNED DEVELOPMENT NO. 94-8
Application: Warner Bros. Project: Warner Bros. Studios Ranch Lot Master Plan Location: 3701 Oak Street
PD approved October 10, 1995 (Ord. 3416) DA effective November 25, 1995 DA expires November 25, 2015 EXHIBIT A The project is unique, with various studio elements.
The 20-year master plan has been initiated and construction is in progress. A new security gate and grading for parking, and various other small site work has been done in 2000-2001. A new production office to replace the trailers that were on the site are currently under construction. There is no development schedule for the master plan as a whole.
PLANNED DEVELOPMENT NO. 96-1
Applicant: NBC Project: NBC Studios Master Plan Location: 3000 W. Alameda
PD approved March 18, 1997 (Ord. 3461) DA effective April 26, 1997 DA expires April 26, 2017
The project is unique, with various media related and studio elements.
The 20-year master plan has been approved. Construction has not begun and there is no development schedule.
NBC sold the Catalina Street property to M. David Paul and staff is working with NBC to insure that required on-site parking for the studio facilities is maintained. Staff is also working with M. David Paul to insure that plans for future development of the Catalina Street property are consistent with the conditions of approval.
PLANNED DEVELOPMENT NO. 97-4
Applicant: Graciela Hotel Project: 2nd Amendment for the purpose of adding restaurant, pool and spa Location: 322 N. Pass Ave.
PD approved 5/12/1998 (Ord. 3483) DA effective 9/9/1998 DA expired 9/9/2003 PD amended 12/10/2005 (Ord 3684) DA effective 10/31/2005 DA expires 10/31/2008
Graciela Hotel has been completed. The PD was later amended to allow for the addition of a restaurant, pool and spa. Plans for the new building have been submitted for plan check; building permits have not yet been issued.
EXHIBIT A PLANNED DEVELOPMENT NO. 99-4 � First Amendment
Applicant: R. D. Olsen Project: 166 Hotel Suites Location: 321 So. First Street
PD approved Jan 25, 2001 (Ord. 3356) DA expired March 4, 2005
PD amendment approved Feb. 7, 2006 (Ord. 3689) DA effective Feb.28, 2006 DA expires Feb. 7, 2011
Amendment approved to change the number of rooms from 253 to 166, reduce the height of the structure from 12 to 4 stories and reduce the required number of parking spaces. Plans have been submitted to plan check and comments have been returned to the applicant. Ground breaking scheduled for May 16, 2006.
PLANNED DEVELOPMENT NO. 2001-2
Applicant: Maple Dell & McClelland Project: Bob Hope Center Location: Bob Hope Triangle � West Olive
PD approved May 29, 2001 (Ord. 3579) DA effective (date signed) _July 17, 2001 DA expires (date signed + 10 yr) July 17, 2011
The project has been approved for 108,500 sq.ft. of Office Building and 20,000 sq. ft. performing arts center. Developer�s representative has indicated that the project is not anticipated to begin construction for a couple of years.
PLANNED DEVELOPMENT NO. 2002-2
Applicant: City of Burbank Project: Community Services Building (CSB) Location: 150 Third Street
PD approved May 29, 2003 (3620) DA effective (date signed) _April 26, 2003 DA expires : April 26, 2011
This PD includes entitlement for various civic center buildings including a new central library and CSB and associated parking.
Project is still in development phase; construction permits have not yet been issued.
EXHIBIT A PLANNED DEVELOPMENT NO. 2003-1
Applicant: Platt Companies Project: Multi-use (Restaurant, Retail, Location: North Triangle Residential, Church and Childcare)
PD approved February 8, 2005 (Ord. 3664) DA effective - pending DA expires: April 26, 2011
PD approved; awaiting developer ownership of land to sign Development Agreement.
PLANNED DEVELOPMENT NO. 2003-2
Applicant: Champion Development Group Project: 118 condos, 50,000 sq.ft. of The Collection at Downtown Burbank retail/restaurant and parking for project and downtown Location: 140 E. Palm St. PD approved Dec. 7, 2004 (Ord. 3658) DA effective January 15, 2005 DA expires January 15, 2012
This has been separated off from PD 98-2. A Tentative Tract Map was approved for the condominium portion of development. Grading and excavation is currently underway.
PLANNED DEVELOPMENT NO. 2003-3
Applicant: Pacific Medical Buildings Project: 155,000 sq.ft. medical office space Burbank Medical Plaza in 2 buildings plus structured parking added to existing 72,000 sq. ft. office building Location: 201 Buena Vista St.
PD approved Feb. 1, 2005 (Ord. 3665) DA effective March 20, 2005 DA expires: March 20, 2015
City Council approved landscape plan for the project in October 2005. Grading and excavation activities are in process for the parking structure serving the project. Plans for the second office building and the Disney Cancer Center are currently being developed.
EXHIBIT A PLANNED DEVELOPMENT NO. 2004-3
Applicant: Olson Company Project: Lance Site San Fernando Walk 33 Condominium units (10 units affordable) BHC project Location: 700-722 So. San Fernando Blvd.
PD approved June 29, 2004 (Ord. 3645) DA effective August 21, 2004 DA expires August 21, 2011 Project in Plan Check as of April 2005.
Project is under construction; first phase of units is nearing completion.
PLANNED DEVELOPMENT NO. 2004-64
Applicant: Fairfield Project: 232 Town homes + Office + Retail Location: 1935 N Buena Vista
PD approved 1/17/2006 (Ord.) DA effective 4/12/2006 DA expires 4/12/2016
Plans have not yet been submitted for plan check.
PLANNED DEVELOPMENT NO. 2004-169
Applicant: B-G-P Airport Authority Project: A-1 North Parking Lot Surface parking lot with valet parking facility
Location: 2555 N. Hollywood Way
PD approved Feb. 1, 2005 (3660) DA effective March 15, 2005 DA expires: 7 years from date the Airport Authority buys the A-1 site
Permits have been issued for parking lot improvements. The Airport Authority will be submitting revised plans with minor changes.
EXHIBIT A PLANNED DEVELOPMENT NO. 2004-170
Applicant: B-G-P Airport Authority Project: Lot A Parking Lot Surface parking lot
Location: 2729 N. Hollywood Way
PD approved Feb. 1, 2005 (3661) DA effective March 15, 2005 DA expires: 7 years from date the Airport Authority buys the A-1 site
Permits have been issued for the employee parking lot. Plans for the passenger parking lot are in plan check.
EXHIBIT A
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