DATE: June 2, 2004
TO: Mary J. Alvord, City Manager
FROM: Susan M. Georgino, Community Development
Director
Dennis Barlow, City Attorney
SUBJECT: Queen's List Item No. 278
Pros and Cons of Airport Zoning vs. Development Agreement
At the City Council meeting of May 18, 2004, staff provided a brief update on the progress of the ongoing Airport zoning amendments. Per Council’s previous direction, staff had provided information about the proposed zoning amendments to staff from the Burbank-Glendale-Pasadena Airport Authority and had requested input from the Authority. The Authority responded with a proposal for the City and the Authority to enter into a Development Agreement as an alternative to the City amending the requirements for the Airport zone. For several weeks, City and Authority staff have been in discussions regarding the proposed Agreement and its possible terms.
A Development Agreement is a contract between the City and a project applicant that is authorized by state planning law and the Burbank Municipal Code. Development Agreements provide for a form of vested right in that such agreements supersede any change in planning, zoning or certain building regulations adopted after the execution of such agreement.. In exchange for the vested rights, the Airport Authority would be allowed to develop certain structures and uses, and would not be allowed to construct or plan for a new or relocated terminal building for the term of the agreement. The City has regularly entered into Development Agreements with developers for projects processed as Planned Developments. This proposed Agreement would be somewhat unique in that it would be executed between the City and another public agency, but the general concept would be the same.
As proposed by staff, the Airport zoning amendment would have required the Airport Authority to obtain approval from the City Council of a Specific Plan prior to going forward with most development at the Airport. A variety of minor projects would be exempted from the Specific Plan requirement and be allowed to go forward, but any projects of significance could not be completed unless and until a comprehensive Specific Plan for all future Airport development was applied for and approved. Staff believes that a Development Agreement is a viable alternative to this zoning approach, as both options provide the City with the ability to control development in the Airport zone. Executing a Development Agreement and adopting zoning amendments both have certain advantages and disadvantages. The tables below outline the most notable pros and cons of each approach.
As shown in the tables, the two processes are very similar, and many of the advantages and disadvantages of the two approaches overlap. Both zoning ordinances and Development Agreements are legislative acts of the City Council adopted by ordinance, each subject to referendum. The two approaches have similar public process, with both requiring noticed public hearings before both the Planning Board and City Council. The Development Review process will remain applicable under either approach. Development Agreements control the development of property in much the same way as a zoning ordinance. However, a Development Agreement does not change the underlying zoning of the property, and rather acts as an extension of the City’s development controls to implement the zoning in a specified way.
Staff will be returning to the Council in the near future to provide a report on the proposed Development Agreement and the progress of the ongoing negotiations between City and Airport Authority staff regarding the terms of the proposed Agreement.
c: Lorraine Ruvalcaba, Administrative Analyst II