by Rick Pruetz, Contract Project Manager

SUBJECT:      Preliminary Analysis of Burbank-Glendale-Pasadena Airport Authority’s Applications (1) for Approval of Plan to Acquire and Use 0.26 Acres of Land within the City of Burbank and (2) for Approval of Plan to Acquire and Use 0.48 Acres of Land within the City of Burbank

SUMMARY

The Burbank-Glendale-Pasadena Airport Authority (the Authority) has submitted two applications pursuant to California Public Utilities Code Section 21661.6 seeking City approval of its plans to acquire certain land in Burbank for enlarging or expanding the Burbank-Glendale-Pasadena Airport (the Airport).

The first application (Application for Approval of Plan to Acquire and Use 0.26 Acres of Land within the City of Burbank, dated December 4, 2000) seeks City approval of the Authority’s plan to use a 0.26 acre lot at 2700 & 2708 Hollywood Way (the 2700 Hollywood Way Application).  2700 Hollywood Way is located at the northeast corner of Hollywood Way and Burton Avenue, immediately across Hollywood Way from the Airport’s Runway 8-26.  The property is currently privately owned and a laundry and restaurant are located on the property.

The second application (Application for Approval of Plan to Acquire and Use 0.48 Acres of Land within the City of Burbank, dated December 4, 2000) seeks City approval of the Authority’s plan to use a 0.48 acre lot at 2650 Hollywood Way (the 2650 Hollywood Way Application).  The 2650 Hollywood Way property is located at the southeast corner of Hollywood Way and Burton Avenue, immediately across Hollywood Way from the Airport’s Runway 8-26.  The property is currently privately owned and an automobile service station is located on the property.

Collectively, the 2700 Hollywood Way Application and the 2650 Hollywood Way Application will be referred to as “the Hollywood Way Applications.”  The properties located at 2650, 2700 and 2708 Hollywood Way will be collectively referred to as the “Hollywood Way Property.”  The City’s review of the Hollywood Way Applications is being conducted pursuant to the procedures adopted by the Burbank City Council in April 1996 (the Procedures).[1]  As detailed below, those Procedures provide for a public comment period and a public hearing prior to City Council’s vote on the Hollywood Way Applications.  Because the Hollywood Way Applications serve the same purpose, the City is considering the Hollywood Way Applications at the same time and addressing them in this consolidated Preliminary Analysis. 

On March 5, 2000 a Southwest Airlines passenger jet overran Runway 8-26, coming to a rest in the middle of Hollywood Way, approximately 40 feet from the Hollywood Way Property.  That incident highlighted the need to improve the margin of safety in the area off the eastern end of Runway 8-26.  As detailed below, the City has had numerous discussions with the FAA and the Authority in an effort to develop a comprehensive strategy for addressing this issue.

Although not a comprehensive solution to those concerns, the Authority proposes in the Hollywood Way Applications a partial solution by removing the existing laundry, restaurant and service station and maintaining the Hollywood Way Property as open space, with fencing and landscaping consistent both with Burbank Municipal Code requirements and FAA safety guidelines.

The purpose of this Preliminary Analysis is to analyze the Authority’s plans for using the Hollywood Way Property in order to facilitate informed public discussion regarding the Hollywood Way Applications.  As detailed below, Staff has concluded that the Authority’s proposed use of the land would be consistent with City land use laws and policies for the area.  Staff has identified negative impacts that would result from approval of the applications, including lost tax revenue, loss of existing uses and potential impacts relating to the demolition of the existing structures.  Staff has also identified advantages that would result from approval of the Hollywood Way Applications, including a reduced risk of injury in the event of an aircraft overrunning Runway 8-26.

On a preliminary basis, and based only on the analysis detailed below, staff believes that the Authority’s plans for the use of the Hollywood Way Property satisfy the criteria for approval established by Section 21661.6 and the Procedures.  This preliminary finding is presented now to facilitate public comment on the Hollywood Way Applications and is subject to revision based on further analysis and information obtained during the public comment period.

I.            PROCEDURES AND CRITERIA FOR APPROVAL

Section 21661.6 of the California Public Utilities Code (Record Reference (“Ref.”) 1)[2] provides that before the Burbank-Glendale-Pasadena Airport Authority may acquire land within the City of Burbank for purposes of expanding or enlarging the Burbank-Glendale-Pasadena Airport, the Authority must submit its proposed plan to expand or enlarge the Airport to the City and the City Council, after holding a public hearing on the plan, must approve or disapprove the plan.  The Authority may acquire land only if the City Council approves the Authority’s plan. 

The City has received the Authority’s 2650 Hollywood Way Application dated December 4, 2000 (Ref. 2) and the Authority’s 2700 Hollywood Way Application dated December 4, 2000 (Ref. 3).  Review of the Hollywood Way Applications is being conducted in compliance with the Procedures, as adopted by the City Council in April 1996.  (Ref. 4)

The Procedures are designed to provide the most expeditious review possible of a proposed land acquisition while ensuring that all interested parties are given a full and fair opportunity to present their views.  Pursuant to the Procedures, upon review of the Hollywood Way Applications, on February 5, 2001, staff sent the Authority the formal Notice of Filing of Application, initiating the City’s review of the application.  (Ref. 5)  Under the Procedures, the Authority was entitled to submit new information to the City in support of its application for up to five days after issuance of the Notice of Filing. In addition, the City will consider any new information supplied by the Authority or any other party at least until the time of the hearing on this Preliminary Analysis.

Issuance of this Preliminary Analysis is the first major step in the review process.  The Preliminary Analysis is intended to achieve two main purposes.  First, it will provide the public and the Authority with a clear view of any concerns raised by the Hollywood Way Applications and will facilitate further participation in the review process.  Second, it will provide the City Council with a preliminary evaluation of the Hollywood Way Applications, allowing it to seek additional information prior to conducting the public hearing and making a decision on whether to approve or disapprove the Hollywood Way Applications.  The issuance of the Preliminary Analysis triggers a 15-day period for any interested parties to review the Preliminary Analysis and to provide written comments or supplemental information.  The City welcomes any such comments or information during this public review period, which ends March 22, 2001.  Comments on the Application should be addressed as follows:

            Art Bashmakian, Interim City Planner

                        Community Development Department

                        City of Burbank

                        275 East Olive Avenue / P. O. Box 6459

                        Burbank, CA  91510-6459  (email: abashmakian@ci.burbank.ca.us)

On March 22, 2001, the City will officially set the date for the public hearing before the Burbank City Council on the Application.  At this time, staff intends to recommend that the hearing be held on April 17, 2001.  Formal public notice of the hearing will be provided at the end of the public comment period.

City staff will prepare a staff report prior to the public hearing.  Staff expects to release its staff report several days before the public hearing.  This report will include the final staff recommendations as well as all written comments received on the Preliminary Analysis by March 22, 2001.  Written comments received after March 22 but before the hearing will be forwarded to the City Council separate from the staff report.  Public testimony will be heard and considered at the public hearing.  The Burbank City Council may close the public hearing and direct staff to return at a later City Council meeting with a staff report responding to comments on the Preliminary Analysis from the public and the Airport Authority.  However, at this time, staff expects to recommend that the City Council deliberate and render its decision immediately following the public hearing unless significant new information or important questions are raised at that hearing.  

The Procedures establish two approval criteria that govern the City Council's decision on whether to approve or disapprove the Hollywood Way Applications.  The Hollywood Way Applications will be approved pursuant to this review process if the City Council finds that:

1.         The advantages to the public of the proposed expansion outweigh the disadvantages to both the public and the environment.  Environmental factors to be considered include noise, air pollution and the burden on surrounding areas, including traffic.

2.         Approval of the Expansion Plan is consistent with the objective of adopting land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

The Preliminary Analysis, together with all supporting documents will be available for public review at the City of Burbank Community Development Department, the City Manager's Office, and the Burbank Central Library.  In reviewing and commenting on the analysis, the public should be guided by the approval criteria set forth above. 

II.        THE APPLICATIONS

            A.            Background

The Hollywood Way Applications are intended to address concerns over airport safety that were highlighted by a March 5, 2000 incident in which a Southwest Airlines Boeing 737-300 landing at the Airport overran the eastern end of Runway 8-26[3], breaking through a fence beyond the runway end.  The aircraft came to rest on Hollywood Way, within forty feet of the Chevron service station located at 2650 Hollywood Way and the laundry and restaurant located at 2700 and 2708 Hollywood Way.  There were minor injuries to passengers and crew, but no fatalities.  The National Transportation Safety Board (NTSB) is investigating the incident but has not issued a final report or formally determined the cause of the accident.  (Ref. 6)  Reports in the media have suggested pilot error as the most likely cause.  (Ref. 7)  There has been no suggestion that the use of the property across Hollywood Way from Runway 8-26 contributed in any way to the incident.  The FAA has not directed the Authority or Burbank to take any action in response to the incident.

B.                FAA Runway Safety Guidelines

The FAA has published guidelines which are intended to guide the development of airports and neighboring property to provide the optimal margin of safety for airport operations and neighboring land uses.  Those guidelines are published in Advisory Circular Number 150/5300-13 (Sept. 29, 1989) (“FAA Design Standards”).  (Ref. 8) The FAA Design Standards are intended to guide airport proprietors only and do not, by their terms, apply to or compel action by other governments such as the City of Burbank or private parties who may control land in the vicinity of an airport.  Furthermore, Runway 8-26 was constructed prior to the adoption by the FAA of the current airport design guidelines.  Consequently, neither the Authority nor the City is required to conform to the FAA Design Standards with respect to the existing runway configuration and nearby land uses at this airport.  Nevertheless, the FAA Design Standards are based upon extensive research and analysis of incidents involving aircraft that undershoot, overrun or veer off runways and thus are intended to provide all local governments with useful information for assessing ways to improve safety of airports and their neighbors.

There are four overlapping safety areas beyond the actual runway itself.  These are described below.  A diagram depicting the location of each area as it relates to Runway 8-26 follows the descriptions.

·        An “obstacle free zone” or “OFZ” is the airspace up to 150 feet above a runway and extending 200 feet beyond the runway end and 200 feet in both directions from the runway centerline.  FAA Design Standards require that the OFZ be cleared of all objects, except frangible navigational aids.[4]  A portion of the property at 2700 and 2708 Hollywood Way is in the OFZ.  2650 Hollywood Way is just beyond the limits of the OFZ.

·        An “object free area” or “OFA” is an area on the ground extending 1,000 feet from the runway end.  FAA Design Standards require that the OFA be cleared of all objects, except essential objects used for air navigation or aircraft ground maneuvering can be placed in the OFA.  Additionally, aircraft can taxi and hold in the OFA.[5]  All of the Hollywood Way Property is located within the OFA.

·        A “runway safety area” or “RSA” is an area on the ground extending 1,000 feet from both runway ends and 250 feet from the runway centerline.  The FAA has found that ninety percent of aircraft that undershoot or overrun a runway on approach do not travel beyond 1,000 feet of the runway end.[6]  As explained in the FAA Design Standards, “[t]he runway safety area enhances the safety of airplanes which undershoot, overrun, or veer off the runway, and it provides greater accessibility for firefighting and rescue equipment during such incidents.”[7]  The FAA Design Standards require the clearing of objects within the RSA, except for objects that have to be located in the RSA because of their function.[8]  All of 2700 and 2708 Hollywood Way are located in the RSA.  A portion of 2650 Hollywood Way is located in the RSA.

·        A “runway protection zone” or “RPZ” (formerly known as a “clear zone”) is “an area off the runway end to enhance the protection of people and property on the ground.”[9]   The RPZ contains a portion of the OFA and a “controlled activity area.”[10]  FAA Design Standards recommend clearing all objects from the RPZ but permit some uses (i.e., golf courses, agricultural operations and parking facilities) and prohibit other uses (i.e., residences and places of public assembly).[11]  The RPZ begins two hundred feet beyond the runway end and is trapezoidal in shape.  The RPZ at the departure end of Runway 8 is 1,000 feet in length, 1,000 feet in inner width and 1,100 feet in outer width.  The RPZ includes much of the property in the quadrant between Winona Avenue and Thorton Avenue and between Hollywood Way and Ontario Street.  A portion of the Hollywood Way Property is within the RPZ.

Unless necessary to refer to a single one of these areas, this Preliminary Analysis will refer to them collectively as the “safety zones.”  A map of the eastern end of Runway 8-26 depicting each of the four safety zones and the location of the Hollywood Way Property is attached to the Preliminary Analysis.

Apparently, no prior actions have been taken by the Authority to clear property within the limits of a standard OFZ, OFA or RSA or to obtain property interests sufficient to restrict the use of property within the RPZ of Runway 8-26.  The Authority does, however, own most of Parking Lots B and C, portions of which lie within the safety zones.  The Authority has constructed only an aircraft jet blast fence a short distance beyond the runway end on the west side of, and immediately adjacent to, Hollywood Way.

C.            Efforts to Improve Safety

Although specific action in response to the March 5, 2000 incident was not required, the incident heightened local concern about the safety of Runway 8-26 and led City officials and staff to consider ways to improve the margin of safety at the eastern end of Runway 8-26.  Beginning almost immediately after the incident and continuing through late 2000, City officials met with representatives of the Authority and the FAA to discuss this issue. The FAA and the City focussed on a comprehensive solution that would address property ownership and land use in all the safety zones in an effort to bring the Airport closer to compliance with the guidelines set forth in the FAA Design Standards.  In these discussions, City staff made clear that the City stood ready to assist in improving safety and wanted to be an active participant in any such strategy.  The parties discussed ways to bring the all or parts of the safety zone within public ownership and the possibility of rerouting Hollywood Way so it would not cross the Object Free Zone.  The various options for improving safety were outlined in a staff report dated October 30, 2000 that was provided to FAA and Authority staff to aid in discussions.  (Ref. 9 )  The substance of these discussions is summarized in a staff report prepared for the City Council on January 9, 2001 (Ref. 10)

Several principles emerged from these discussions.  First, it became clear that it would be desirable to gain control over the land in the safety zones in order to bring land uses into compliance with FAA Design Standards.  Second, there were negative impacts to the City, such as lost tax revenues, that needed to be addressed through payments in lieu of taxes or some other mechanism if such property was to be removed from the tax rolls.  Third, although a comprehensive solution was preferable, it would not be possible financially to protect all the safety zones to comply fully with the FAA Design Standards.  As a result, it was decided that land acquisitions should be prioritized.

Initially, the Authority participated in these discussions, but ultimately withdrew from interagency discussions apparently to pursue its own approach.  The Authority filed the Hollywood Way Applications before the FAA, the Authority and the City had worked out the technical and financial details of a joint, comprehensive strategy for improving safety in the safety zone.  Discussions did not resume following the Authority’s submission of the Hollywood Way Applications.

In addition to acquiring and clearing the Hollywood Way property, the Authority has publicly announced that it is considering closing Parking Lot B and constructing an “engineered materials restraining system” (EMAS), which is an FAA-approved barrier that would be constructed at the end of Runway 8-26 and could have the effect of providing an additional margin of safety.  A shortening of the runway would be necessary to accommodate the EMAS. 

D.            Terms of the Authority’s Applications

In the Hollywood Way Applications, the Authority proposes to acquire the Hollywood Way Property, clear the Hollywood Way Property and maintain the Hollywood Way Property as open space.  The Authority’s Applications explicitly affirm that the Authority does not seek to use the Hollywood Way Property to construct or relocate Airport facilities.  Although the Hollywood Way Applications were not accompanied by a description or depiction of how the Authority would maintain the Hollywood Way Property, the City has advised the Authority that it will review the Application on the understanding that the Authority will use the Hollywood Way Property as follows:

¨      The Authority is to use the Hollywood Way Property as open space.  The use of the Hollywood Way Property for any Airport-related use will require a subsequent application for approval under Section 21661.6 as well as a general plan and zone map amendment or Planned Development application.

¨      In connection with clearing the Hollywood Way Property, the Authority will comply with all applicable requirements for purchase (or condemnation) and relocation of the businesses involved and the Authority will demolish all existing structures and grade the Hollywood Way Property surface as soon as practicable.

¨      The Authority will convert the Hollywood Way Property to an irrigated landscaped area with turf and/or appropriate ground cover.  Such landscaping shall be comparable to the improvements installed by the City within certain segments of the City of Los Angeles’s Department of Water and Power Whitnall Highway transmission corridor.

¨      The Authority will maintain the landscaping on the Hollywood Way Property in a manner comparable to the City’s maintenance of the segment of the Whitnall Highway corridor noted above.

¨      The Authority will surround the Hollywood Way Property with a frangible, wrought iron fence of adequate height to minimize unauthorized access, prevent congregation of people and maintain an attractive appearance.

¨      The Authority will remove existing curb cuts and install curbs, gutters and sidewalks to City specifications, subject to discussion with the City to maximize safety.

(Ref.s 11, 12, & 13)

E.         Relationship of this Review Process to Other Federal, State and Municipal Requirements

This section briefly describes the other federal, state and municipal requirements that may affect the Hollywood Way Applications and the uses of the Hollywood Way Property contemplated therein.

            1. California Environmental Quality Act

The California Environmental Quality Act (CEQA), [California Public Resources Code Sections 21000 et seq.; Title 14 of the California Code of Regulations Sections 15000 et seq. (hereafter “Guidelines”)] requires agencies with discretionary approval authority over a project to consider the environmental consequences of a project before taking action on it.  On February 9, 2001, the Authority issued two Notices of Exemption, finding that its decision to submit and pursue the Hollywood Way Applications are categorically exempt from CEQA pursuant to California Code of Regulations § 15301(l)(3).  (Ref 14)  The Airport Authority’s decision that these projects are exempt are documented in Authority Resolutions 362 and 363 approving these projects (Ref. 14).  For purposes of processing the Hollywood Way Applications, the City concurs with the Authority’s Notices of Exemption.  To provide notice of this agreement, staff posted two Notices of Environmental Decision on February 9, 2001 (Ref. #15).

Any development on the Hollywood Way Property beyond what is described in the Hollywood Way Applications (as clarified in the previous section of this Preliminary Analysis) may require a separate analysis under CEQA.

2. California Airport Noise Standards

The State of California's Airport Noise Regulations (California Administrative Code, Title 21, Division 2.5, Chapter 6, §§ 5000 – 5090), establish the California Airport Noise Standard.  The Airport Noise Standard provides that the "acceptable level of aircraft noise for persons living in the vicinity of airports is community noise equivalent level [CNEL] of 65 decibels [dB]."  Under California regulations, certain land uses are deemed incompatible with aircraft noise levels above a CNEL of 65 dB.  For example, land devoted to residences, schools, hospitals and convalescent homes, and places of worship is deemed incompatible with such noise levels.

The Hollywood Way Property has been used for industrial and commercial purposes that are compatible with the Airport Noise Standard for decades and the Authority’s proposed uses are also consistent with the Airport Noise Standard.  Existing zoning and land use plans for the Hollywood Way Property are consistent with the Airport Noise Standard.

                        3.            Other Requirements Regarding Airport Noise

At the time the decision to create the public entity to operate the Airport was made, federal, state and local authorities as well as the Airport Authority each articulated enforceable limits on the noise impacts that could be generated by the Airport.  These include a cap on the size of the noise impact area and a prohibition on any extension of the Airport’s runways.  These limitations are set forth principally in the Joint Powers Agreement that created the Authority, in California Government Code § 6546.1, in the federal Final Environmental Impact Statement on public acquisition of the Airport, and in the FAA grant agreement approving the use of federal money to assist in the acquisition of the Airport.  The Authority’s plans for the Hollywood Way Property do not propose any change in Airport operations.  Staff concludes that approval of the Hollywood Way Applications would not facilitate or enable any operations at the Airport that could violate relevant noise requirements.

California Government Code § 6546.1 also prohibits the Airport Authority from lengthening of the runways at the Airport.  The term “runways” is defined in the statute as “the paved portions of runways presently on airport property.”  (Emphasis added.) Staff has concluded that the Authority’s proposed use of the Hollywood Way Property would not constitute an extension of Runway 8-26 as that phrase is used in California Government Code § 6546.1 since there is no proposal to pave any of the Hollywood Way Property. 

4. California Laws and Regulations on Construction of Obstructions to Air Navigation and FAA Guidelines on Clear Zones, Setbacks, Height Limits and Electromagnetic and Light Interference

Burbank Municipal Code § 31-1305 creates an Airport Approach Map to establish height limitations within 200 feet of the eastern end of Runway 8-26.  California Public Utilities Code Section 21659 prohibits the construction or alteration of any structure that would obstruct navigable airspace as provided in Federal Aviation Regulations, Part 77, Subpart C, unless a permit is issued by the California Department of Transportation.

The Authority states that it needs to acquire the land to remove an existing safety hazard, citing FAA guidelines regarding the runway safety area and runway protection zone at 14 C.F.R. §§ 77.23 & 77.25, 14 C.F.R. § 139.309 and Airport Design, FAA Advisory Circular AC 150/5300-17 (Sept. 1989).  The City is not aware of any FAA order, directive or other action requiring the Authority to acquire the Hollywood Way Property, remove the structures on the Hollywood Way Property or otherwise implement its Runway 8-26 safety improvement project.  As noted above, Runway 8-26 is a grandfathered facility and is not required to be in compliance with the FAA Design Standards for safety zones. 

By demolishing the structures on the Hollywood Way Property and maintaining the Hollywood Way Property as open space, the Authority’s uses of the Hollywood Way Property would be in compliance with the applicable provisions of the FAA Design Standards.

                        5.            Burbank Land Use Approval

The City has determined that use of the Hollywood Way Property as open space in the manner proposed by the Hollywood Way Applications is consistent with existing land use laws and requirements.  Accordingly, no land use approval is required other than approval under Section 21661.6.  Any subsequent proposal to change the use of the Hollywood Way Property in any manner other than as described in the Authority’s Applications for the Hollywood Way Property would, however, be subject to separate review under Burbank’s land use and other applicable laws, including Section 21661.6.

                        6.            Airport Land Use Commission Requirements

An airport land use commission (ALUC) is created under California law, Cal. Pub. Util. Code § 21670, et seq.  The Los Angeles County Regional Planning Commission is designated as the ALUC with jurisdiction over the Airport and, as required by law, it has issued the Los Angeles County Airport Land Use Plan.

The Authority’s plans for use of the Hollywood Way Property do not propose any change in land use designations for the Hollywood Way Property and do not trigger the ALUC process. 

                        7.            Transportation Plans

The Authority’s plans for the Hollywood Way Property do not propose any use of the Hollywood Way Property for facilities, structures or other uses that would generate any traffic.  In fact, the Authority would remove existing curb cuts and install curb, gutter and sidewalks in compliance with City requirements.  If anything, the Authority’s use of the Hollywood Way Property as open space could be expected to reduce traffic by an insignificant amount.

                        8.            Air Quality Plans

Under the federal Clean Air Act, each state must adopt a plan known as the state implementation plan, to implement, maintain and enforce primary and secondary national ambient air quality standards for designated pollutants.  The Authority must comply with these laws to the extent applicable.

The Authority does not propose any new activity or construction on the Hollywood Way Property other than the installation of landscaping and fencing.  During demolition and site grading, the Authority will be required to comply with all City regulations designed to minimize construction and grading-related dust.  Accordingly, staff does not find that the Authority’s proposed use of the Hollywood Way Property would have any significant impact on air quality.

                        9.            Land Acquisition and Relocation Assistance

The Authority proposes to acquire the Hollywood Way Property and to remove existing businesses on the property.  The City is not aware that the Authority has initiated any negotiations or other process to acquire the Hollywood Way Property, nor has the Authority disclosed whether it intends to negotiate the acquisition with the current owners of the Hollywood Way Property or use the power of eminent domain.

Approval of the Hollywood Way Applications would be a determination by the City that the Authority’s plan for the use of the Hollywood Way Property was acceptable to the City under Section 21661.6 and the Procedures.  If such approval were given, the Authority would then have to acquire the Hollywood Way Property in a lawful manner, including compliance with the terms of Section 6546.1, the Joint Powers Agreement and all other constitutional, statutory and other limitations on the exercise of its authority, including the requirement to pay just compensation for any property acquired.  Nothing in this Preliminary Analysis or in the City’s review of and action upon the Hollywood Way Applications should be construed as a determination by the City that the Authority has the legal authority to exercise eminent domain or that it has otherwise complied with requirement of applicable law.  Nor should the City’s role in this process be construed as requiring the Authority to acquire the Hollywood Way Property.  If the City Council ultimately approves the Hollywood Way Applications, the Authority would not be required by such approval to actually acquire the Hollywood Way Property.

The Authority has publicly stated that it is seeking federal funds for the acquisition of the Hollywood Way Property.  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655 (“Uniform Act”) requires federally funded airports to provide certain financial assistance and adhere to other procedures when projects require the dislocation of homes and businesses.  Implementation of the project described in the Hollywood Way Applications would require the dislocation of three businesses in Burbank, and the Authority would remain responsible for complying with the Uniform Act.

10. Requirements Regarding Demolition, Grading and Hazardous Materials

The Burbank Municipal Code imposes a number of requirements regarding demolition, grading, dust control, landscaping and other activities in which the Authority might engage in connection with its ownership of the Hollywood Way Property.  For example, Chapter 13 of the Burbank Municipal Code requires hauling vehicles to follow approved routes and requires that all roadways be maintained free of dust dirt and debris caused by the grading operation.  Similarly, the City of Burbank requires Best Management Practices to protect water quality under the National Pollutant Discharge Elimination System (NPDES).  Site clearing and grading activities that are subject to these requirements must implement measures to control sediments, prevent erosion and manage construction sites in a manner that prevents pollutants from entering storm water drainage systems.  In addition, federal and state environmental laws may be implicated in the demolition of the structures on the Hollywood Way Property, particularly in connection with the demolition of the service station at 2650 Hollywood Way, where gasoline, underground storage tanks and other potentially hazardous materials might be present.  Burbank expects the Authority to comply fully with all such requirements and to obtain all required permits and approvals from Burbank and other applicable government agencies.  Nothing in this analysis shall be construed as review under any law other than Section 21661.6, and nothing herein is intended to indicate that the City has taken a position regarding whether the Authority has complied with any law relating to demolition, grading, environmental matters, hazardous materials or other laws that may apply to the Authority’s ownership and use of the Hollywood Way Property.

III.            ANALYSIS

In order to facilitate public discussion of the Hollywood Way Applications, staff presents its preliminary understanding of the principal advantages and disadvantages of approving the Applications in light of the criterion set forth in the Procedures.  As detailed below, based on that preliminary analysis, staff has preliminarily concluded that the Authority’s proposed uses of the Hollywood Way Property meet the criterion for approval.

            A.            Analysis of First Criterion for Approval

Under the first criterion for approval, a decision to approve the Application must be supported by a finding that:

The advantages to the public of the proposed expansion outweigh the disadvantages to both the public and the environment.  Environmental factors to be considered include noise, air pollution and the burden on surrounding areas, including traffic.

                        1.            Advantages to the Public and the Environment

The primary advantage to the public from approval of the Authority’s plans for the Hollywood Way Property would be increased safety.  Minimizing Airport-related hazards is an important goal of the City’s Land Use Element.  (Ref. 16)  As the March 5, 2000 incident demonstrated, the existence of structures close to the eastern end of Runway 8-26 increases the safety concerns posed by the Airport’s location in an urbanized area.  Based upon the Authority’s proposed use of the Hollywood Way Property as open space, the public interest in increased margins of safety would be advanced.

In addition to an improved margin of safety with respect to the Airport, traffic flow and vehicular safety on Hollywood Way would be improved by the elimination of traffic turning into and out of the existing driveways on the Hollywood Way Property.

                        2.            Disadvantages to the Public and the Environment

There are several potential disadvantages to the public and the environment to approving the Authority’s plans for the Hollywood Way Property.

First, approving the Authority’s plans for the Hollywood Way Property could result in the loss of a certain amount of tax revenue.  The conversion of these two properties to public ownership would result in the loss of approximately $5,000 per year in property tax revenues, based on 2000-2001 taxes. In addition, the City would lose sales tax revenues because of the loss of these businesses.  However, the amount of sales tax loss cannot be disclosed for confidentiality reasons.

It is staff’s position that the Authority is legally authorized to make payments in lieu of taxes to compensate Burbank for the loss of tax revenues.  The City has requested that the Authority make such payments in the event the Hollywood Applications were approved, but the Authority has, to date, refused to agree to make any such payments.  For purposes of this analysis, staff assumes that the Authority will not make any payments in lieu of taxes even to the extent that such payments are legally authorized.

Although not negligible, the amount of taxes that would be lost by the dislocation of the business on the Hollywood Way properties is not a significant percentage of City tax revenues.  Moreover, if the City or property owners are successful in relocating the businesses in the City, there would likely be no appreciable loss of sales tax revenues, although the loss of property taxes would be unmitigatable.

Second, approval of the Authority’s plans for the Hollywood Way Property would result in the loss of existing businesses that serve the public.  However, staff from the City and Redevelopment Agency are prepared to assist in finding suitable new locations for these businesses within Burbank.  The staff recommends that the City and the Authority work closely to develop an acceptable relocation plan for the dislocated businesses to mitigate the impact of losing the automobile service station that is closest to the Airport terminal and Airport parking facilities.

Third, it is possible that demolition, grading and related activity on the Hollywood Way Property could cause environmental impacts due to the possible location of hazardous materials on the Hollywood Way Property.  As noted above, all of the Authority’s activities on the Hollywood Way Property will be subject to applicable demolition, grading and environmental laws.  Accordingly, any environmental impacts would be addressed through those procedures.

            B.            Analysis of Second Criterion for Approval

Under the second criterion for approval, a decision to approve the Application must be supported by a finding that:

Approval of the Expansion Plan is consistent with the objective of adopting land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

The Authority’s proposed uses of the Hollywood Way Property are intended to reduce the public’s exposure to safety hazards, and staff concurs that they would do so.  Additionally, the Airport’s plan to maintain the Hollywood Way Property as open space would not increase Airport operations or otherwise contribute to or enable increased noise from operations at the Airport.

IV.            PRELIMINARY CONCLUSIONS

Based on the foregoing preliminary analysis, staff’s preliminary conclusion is that the Authority’s proposed uses of the Hollywood Way Property meets the criteria for approval under Section 21661.6 and the City’s Procedures.

First, staff preliminarily concludes that the advantages of the Authority’s proposed use of the Hollywood Way Property outweigh the disadvantages to the public and the environment.  The Authority’s use of the Hollywood Way Property would not impose any environmental impacts that would not be addressed through applicable law and procedures and would not increase Airport noise or operations.  If the Authority continues to refuse to make payments in lieu of taxes to compensate the City for the tax revenue lost by the relocation of the businesses on the Hollywood Way Property, the City may lose tax revenue.  That loss may be offset if the businesses relocate within the City.  On balance, staff preliminary concludes that the advantage of an improved margin of safety in Runway 8-26’s safety zone outweighs these potential disadvantages.

Second, staff preliminarily concludes that approval of the Authority’s proposed use of the Hollywood Way Property is consistent with the City’s objective of adopting land use measures that minimize the public’s exposure to excessive noise and safety hazards.  The Authority’s use of the Hollywood Way Property would not cause any increased noise or Airport operations.  The Authority’s use of the Hollywood Way Property would increase the margin of safety in the area near the Airport. 

The principal purpose of this Preliminary Analysis is to facilitate public discussion and comment on the Hollywood Way Applications.  This Preliminary Analysis is not intended to identify all possible impacts associated with the Application.  Therefore, staff requests that members of the public address any impacts that they believe would accompany approval or disapproval of the Application beyond those discussed in this memorandum.  All identified impacts (and mitigation of those impacts, to the extent appropriate) that are identified should be considered by the City Council before it makes a final determination as to whether the Application should be approved or disapproved.  That decision will not be made until the public comment period closes and the City Council has held a noticed public hearing.