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November
22, 2000 Dan
Feger Burbank-Glendale-Pasadena
Airport Authority 2627
Hollywood Way Burbank,
CA 91505 Re:
Applications Regarding Proposed Burbank-Glendale-Pasadena Airport Authority Terminal Land Acquisition and Construction Dear
Mr. Feger: The
City of Burbank ("City") has received the applications for
General Plan amendment and Planned Development approval (collectively
“Land Use Applications”) filed by the Burbank-Glendale-Pasadena
Airport Authority (“Authority”) on October 30, 2000.
The City has reviewed the Land Use Applications for completeness
and has determined – as explained in detail below – that they do not
contain the basic information necessary to evaluate
the requested land use
amendments. This letter
identifies the information necessary to make the applications complete
and allow the City to commence substantive review.
It also responds to the
earlier inquiries of your October 19, 2000 letter by outlining upcoming
steps and processes for addressing these and other related applications. Relationship
to Other Applications Staff
has begun its analysis of the pending application for approval under
Public Utilities Code Section 21661.6 and for City consent to remove
certain deed restrictions on the B-6 Property (collectively “21661.6
Application”). One of the
first steps in the analysis of the 21661.6 Application is to determine
the adequacy of preexisting environmental documents for purposes of
discharging the City’s obligations under the California Environmental
Quality Act (“CEQA”). As
required by state law, the City has undertaken an analysis to determine
if any of the factors identified in CEQA Guideline 15162 necessitate
further study or review. Because CEQA requires agencies to consider the potential
environmental effects of development projects in their entirety, the
City must consider both the 21661.6 Application and the approvals sought
in the Land Use Applications in this analysis.
When the Land Use Applications are complete, the City expects to
be able to determine quickly what, if any, CEQA documentation will be
necessary. Once
that decision is made, the City will prepare a detailed schedule for review of both the Land Use
Applications and the 21661.6 Application.
As I explained in my September 1, 2000, letter to you, the
City’s 1996 Procedures for
Review by the Burbank City Council of Plan for Expansion of the
Burbank-Glendale-Pasadena Airport (“Procedures”) will govern the
processing of the Authority’s 21661.6 Application.
We expect to conduct review for the proposed removal of the B-6
Property deed restrictions simultaneously with the review under Public
Utilities Code Section 21661.6. It is important to note that the time frames outlined
in the Procedures assumed that
all necessary CEQA documentation and analyses have been completed, so that the City could proceed with its
substantive decision. It
would, therefore, be premature at this time to set target dates for the
completion of the Preliminary Analysis or the public hearing under
Section 21661.6 prior to the City’s determination of CEQA compliance.
Pursuant to the Procedures, the City will make all reasonable
efforts to act as expeditiously as possible, consistent with the need to
conduct essential analyses, comply with CEQA, and provide appropriate opportunities for public notice and involvement. Completeness
of Land Use Applications
The Land Use Applications are incomplete for the
reasons given below. Please
submit the additional information itemized below within 30 days so that
we may complete the processing of your applications.
If we do not receive this additional information within 30 days,
we will deem the Land Use Applications to be withdrawn.
As you requested, the City will accept a materials palette and a
lighting plan as soon as you can provide them with the understanding
that the public hearing date will not be set until these items have been
received. 1. THE ENVIRONMENTAL INFORMATION FORM
Please date this application form. Under Section 9 of this form, you indicate that
“the applicable provisions of the City code require in excess of
5,000” parking spaces. Please indicate what code section you are
referencing. It is our opinion that the required parking for your
project will be established through your Planned Development application
as explained below. 2. GENERAL APPLICATION
Please provide Assessors’ Parcel Numbers as
required in Line 5. Please date this application form. Although
not an area of incompleteness, it is important to correctly identify the
owner of record of the subject site.
Title to most of the proposed project site is held by a Trustee
– not the Authority – and is subject to the requirement of sale to a
third party. Further, the
use of the entire site for airport purposes is subject to approval by
the City of Burbank in accordance with the deed restrictions recorded on
this property. 3.)
PLANNED DEVELOPMENT APPLICATION
A.)
Under Item No. 4 of the Application form, applicants must specify
all areas in which they propose development standards that are different
from those in the Burbank Municipal Code.
However, the following issues are not adequately addressed in
your Planned Development Application: 1.
Plans
submitted with your applications do not comply with the parking lot
landscaping requirements specified by Burbank Municipal Code Sec.
31-1418(c)(2), as recently revised per the adoption of Ordinance 3548 on
July 25, 2000. Please
indicate whether you plan to comply with this requirement or seek an
“exception for large parking lots” through the Planned Development
process per Burbank Municipal Code Sec. 31-1418(c)(3). If you plan to
comply, this should be reflected on the plans.
If you plan to pursue an exception, your Planned Development
application must explain why you think it is not feasible to provide the
landscaping and shading otherwise required. 2.
The
number of parking spaces required for an airport terminal is regulated
under BMC 31- 1408 (5) (g) “Uses not specified”.
Unless you demonstrate that another provision will apply, the
number of parking spaces required for your project will be established
through this Planned Development application. 3.
The
application does not specify that the proposed project will exceed 35
feet in height (a height that would require a conditional use permit for
a project not seeking Planned Development approval), even though the
plans show heights in excess of 35 feet.
The City will consider a request for this building height to be
part of your Planned Development application. B.) Attachment
PD-6 should show how your application complies with the requirements for
a Planned Development application as specified on pages 5 and 6 of the
application form. However, we have identified the following deficiencies
and questions. 1.
Aerial Photo – You do not indicate whether or not you supplied this.
We could not find it in your submittal. 2.
Site Plan – Utilities should be shown on the site plan, a separate utilities
plan or described in narrative. It
is not clear how or if you have depicted or described all utilities.
Please explain where we should look for the location of your proposed
gas, water, electricity, telephone, cable and sanitary sewer systems.
If these are intended to be depicted in your sheet U-1 Utility
Plan, please add a legend to that plan with an explanation to that
effect. Also, the
dimensions of adjacent streets and the locations of easements and
dedications are not depicted on the Site Plan; please include this
information or indicate where we can find it. 3.
Parking Plan – In various places, you depict handicap spaces.
Please provide an index of where all handicap parking is located
and how many handicap spaces you propose. 4.
Landscape Plan – Please calculate the size of your proposed landscaping areas. 5.
Cut and Fill Map – Please explain how your submitted plan complies with the
requirement to show contours at five foot intervals. If this information
is contained in a separate submittal, please indicate which submittal. 6.
Survey of Site – Please indicate how your application complies with this
requirement. 7.
Energy Consumption Measures, Square Footage Tabulations and Color
Perspective
– Please indicate how your application complies with this requirement. 8.
Additional Information (Revised Plans/Extra Plans)
-- Please provide us
with 18 more full sets of plans with any revisions in response to the
above comments. C.)
SOME
ASSUMPTIONS
Finally, there are two areas where we must make
assumptions regarding the scope of your application. Please let us know if our assumptions are incorrect.
First, there is no discussion in the application regarding an
apparent need to vacate a portion of Kenwood Street.
We intend to use the Planned Development application to process a
street vacation request for the applicable portion of Kenwood Street.
Second, we assume you are not seeking approval for on-site
alcohol sales. The
applications do not include on-site alcohol as a requested use. If you
have plans for on-site alcohol use in your proposed terminal, you may
wish to submit them now for a determination of the required approval
process. Lack of plans for
on-site alcohol will not render your application incomplete.
We will work with you to complete these applications
quickly. Please call Paul
Deibel or me if you have any questions regarding the issues in this
letter or the Section 21661.6 process generally.
Legal questions can be addressed to City Attorney Dennis Barlow
or the City’s special counsel, Peter Kirsch at Akin Gump. Sincerely, Robert M. Tague Community Development Director cc:
Burbank City Council Dios Marrero
Robert Ovrom
Paul Deibel
Carl Meseck
Peter Kirsch Rick Pruetz |