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