DATE: April 1, 2002
TO: Robert R. Ovrom, City Manager
FROM: Susan M. Georgino, Community Development Director
by Art Bashmakian, Asst. Comm. Dev. Dir./City Planner
SUBJECT: Application of Measure A to the Burbank-Glendale-Pasadena Airport Authority’s Application for Approval of Plan to Use a 12.9 Acre Portion of the Adjacent Property to Relocate Existing Airport Parking (the "Application")
On September 5, 2001, the Airport Authority submitted the Application, seeking City Council approval of the Airport Authority’s Parking Lot Replacement Project pursuant to California Public Utilities Code § 21661.6. Following City procedures for processing applications under PUC § 21661.6, staff began to prepare a Preliminary Analysis summarizing the Project and its potential impacts in order to facilitate public discussion and Council consideration of the Application. Staff anticipated making the Preliminary Analysis available for comment in mid-October. Following public review and comment, staff expected final City Council action on the Application in mid-December 2001.
On October 9, 2001, the voters of Burbank approved Measure A, an initiative measure that placed a number of restrictions on the City’s power to "consent" to a wide range of projects related to the Burbank-Glendale-Pasadena Airport. The ability of the City to apply Measure A to the Parking Lot Replacement Project is a matter of controversy between the City and the Burbank-Glendale-Pasadena Airport Authority. Accordingly, the City has filed a lawsuit against the Airport Authority seeking a judicial declaration regarding the applicability of Measure A to the Parking Lot Replacement Project. That suit is currently pending in the Los Angles County Superior Court.
On December 4, 2001, the City Council adopted Resolution No. 26,140, establishing City policy for processing applications potentially subject to Measure A while the litigation is pending. Resolution No. 26,140 provides, in essence, that staff will process any application subject to Measure A under its usual procedures, including preparing and making available staff reports, preliminary analyses or other staff-level analysis of the application and conducting a public hearing, but that the City Council will not act on any such application while the litigation is pending.
Applying that policy to the Application, staff determines that the Application is subject to Measure A. First, City Council approval under PUC § 21661.6 would be a "consent" within the meaning of Measure A. Second, because the Parking Lot Replacement Project is located on land owned by the Airport Authority and is sponsored by the Airport Authority, it constitutes the "construction of any new, rebuilt, relocated or expanded Airport facility. . . ."
In accordance with the policy, therefore, staff issues this Preliminary Analysis for the Application. After receiving comments from the Airport Authority and the public, staff will prepare a staff report pursuant to its normal procedures and schedule a public hearing. Pursuant to the policy, however, staff will not present the Airport Authority’s Application to the City Council for action while the Measure A litigation is pending. After the Court rules in the Measure A litigation, staff will submit the Application to the City Council promptly and in accordance with the Court’s decision.
DATE: April 1, 2002
TO: Robert R. Ovrom, City Manager
FROM: Susan M. Georgino, Community Development Director
by Art Bashmakian, Asst. Comm. Dev. Dir./City Planner
SUBJECT: Preliminary Analysis of the Burbank-Glendale-Pasadena Airport Authority’s Application for Approval of Plan to Use a 12.9 Acre Portion of the Adjacent Property to Relocate Existing Airport Parking (the "Application")
SUMMARY
On September 5, 2001, the Burbank-Glendale-Pasadena Airport Authority ("Authority"), owner and operator of the Burbank-Glendale-Pasadena Airport ("Airport"), submitted an application pursuant to California Public Utilities Code § 21661.6(e) seeking Burbank City Council approval of an amendment to the land use plan for the Adjacent Property portion of the former Lockheed B-6 Property approved by the Burbank City Council pursuant to PUC § 21661.6 on November 16, 1999 ("Application"). The Authority seeks City Council approval of a plan to relocate existing Airport Parking Lot B and all but 1.9 acres of existing Airport Parking Lot A to a 12.9 acre portion of the Adjacent Property (the "Project").
The new parking lot would be located north of Runway 26 and north of the existing Parking Lot A. As part of the project, the Authority would close existing Parking Lot B, which is located east of Hollywood Way, and all but 1.9 acres of existing Parking Lot A, which is located north of the eastern end of Runway 8-26. The new parking lot would provide the same number of parking spaces, 2,083, as Parking Lots A and B currently provide. Approval of the Application would not result in any increase in parking at the Airport. A copy of the Authority’s Application, including a diagram of the proposed parking lot is attached at Record Reference 1 ("Ref.") 1).
The Authority’s stated purpose of the Project is to increase the margin of safety at the Airport by removing parking from the Runway Safety Area, Object Free Area and the Primary Surface for Runway 8-26, as described in greater detail below. There is no FAA order or directive compelling the Authority to move its parking lots from those areas.
The purpose of the Preliminary Analysis is to analyze the Authority’s plans for using portions of the Adjacent Property in order to facilitate informed public discussion regarding the Application. As detailed below, staff has concluded that use of the Adjacent Property as outlined in the Application is consistent with City land use laws and policies for the area.
On a preliminary basis, and based only on the analysis detailed below, staff believes that the Application satisfies the criteria for approval set forth in the Procedures. These preliminary findings are presented now to facilitate public comment on the Application and are subject to revision based on further analysis and information obtained during the public comment period.
Section 21661.6 of the California Public Utilities Code (Ref. 2) provides that before the Authority may acquire land within the City of Burbank for purposes of expanding or enlarging the 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. Further, if the Authority seeks to amend any plan previously approved by the City Council, it must seek the renewed approval of the City Council under P.U.C. § 21661.6(e).
In order to create a uniform process for City Council consideration of any PUC § 21661.6 application, the City Council adopted in April, 1996 certain procedures designed to provide the most expeditious review possible of a proposed use of land by the Authority while ensuring that all interested parties are given a full and fair opportunity to present their views ("Procedures") (Ref. 3). Review of the Application is being conducted in compliance with the Procedures.
In addition to providing a uniform process for PUC § 21661.6 applications, the Procedures establish two approval criteria that guide the City Council's decision on whether to approve or disapprove an application. Under these criteria, an application will be approved 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.
After reviewing the Application, staff, by letter dated September 21, 2001, sent the Authority the formal Determination that the Application was complete, initiating the City’s review of the application. (Ref. 4) 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.
Issuing this Preliminary Analysis is the first major step in the review process. The Preliminary Analysis is intended to achieve two main purposes. First, the Preliminary Analysis provides the public and the Authority with a clear view of any concerns raised by the Application and facilitates further participation in the review process. Second, the Preliminary Analysis provides the City Council with a preliminary evaluation of the Application, allowing it to seek additional information prior to conducting the public hearing and making a decision on whether to approve or disapprove the Application. 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 Tuesday, April 16, 2002. Comments on the Application should be addressed as follows:
Art Bashmakian, City Planner
Community Development Department
City of Burbank
275 East Olive Avenue
P. O. Box 6459
Burbank, CA 91502
email: abashmakian@ci.burbank.ca.us
Within five days of the end of the public review period, the City will officially set the date for the public hearing before the Burbank City Council on the Applications. Formal public notice of the hearing will be provided at the end of the public comment period. Pursuant to staff practice, 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 at least three weeks prior to the public hearing date. Written comments received less than three weeks prior to the hearing date 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 Authority.
As noted above, pursuant to the City’s policy regarding Measure A, final City Council action on the Application cannot take place until after resolution of the litigation between the City and the Authority regarding the applicability of Measure A to the Application. After resolution of that litigation, the City will set the date for Burbank City Council deliberation and action on the Application and provide formal public notice of such meeting. City staff will at that time consider whether a staff report is warranted and/or whether additional time for public comment will be provided.
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.
The Application reflects a revision to a plan the Authority had previously submitted to the Burbank City Council in December 2000, in two separate applications for approval under P.U.C. § 21661.6.
The first application (Application to Acquire and Use a 5-Acre Portion of the Trust Property to Relocate Existing Airport Parking and to Use a 5-Acre Portion of the Adjacent Property to Relocate Existing Airport Parking, dated December 4, 2000) sought City Council approval of a plan to relocate existing Airport Parking Lot A to 5-acres of the Trust Property portion of the B-6 Property and 5-acres of the Adjacent Property (Ref. 5). This plan would have relocated Parking Lot A to a 10-acre rectangle in the southwest corner of the B-6 site, opposite Winona Avenue, immediately north of existing Parking Lot A.
The second application (Application for Approval of Plan to Use a 5.3-Acre Portion of the Adjacent Property to Relocate Existing Airport Parking, dated December 4, 2000) sought City Council approval to relocate Parking Lot B to 5.3 acres of the Adjacent Property immediately east and north of the FAA Tower to allow for relocating automobile parking from existing Airport Parking Lot B (Ref. 6).
Together the two December 4, 2000 applications would have created a single 15.3 acre parking lot. On February 21, 2001, the city deemed those applications complete (Ref. 7). On April 16, 2001, the Authority issued a Notice of Intent to Adopt a Negative Declaration regarding the proposed parking lot relocation plan, pursuant to the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq. (Ref. 8). The Notice was accompanied by a draft Initial Study analyzing the potential environmental impacts of the projects.
On May 18, 2001, the City submitted written comments on the Notice and Initial Study (Ref. 9). Among other issues, the City noted its concern that the use of a portion of the Trust Property for an Airport parking lot was inconsistent with City policy regarding the use of the Trust Property, as reflected in, among other places, the Amended, Restated, and Superseding Escrow Agreements between the City and Authority, dated November 16, 1999 (Ref. 10) and the Grant of Easements, Declarations of Use Restrictions and Agreements for the Trust Property, dated November 16, 1999 (Ref. 11). On June 25, 2001, the Authority responded.
On September 4, 2001, the Authority issued a Notice of Determination, Certification of Final Negative Declaration and Approval of Proposed Project. (Ref. 12). By letter dated September 5, 2001, the Authority submitted to the City the Application, which replaced and superceded the two December 4, 2000 Applications. (Ref. 1). The Application proposes to use 12.9 acres of the Adjacent Property, which is subject to a previously approved PUC § 21661.6 plan, and 1.9 acres of existing Lot A, which is part of the original Airport property and is not subject to a previously approved PUC § 21661.6 plan. The Application does not propose to locate any parking on the Trust Property. On September 21, 2001, the City informed the Authority that the Application was complete. (Ref. 4).
The Application is 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, breaking through a fence at the runway end. The aircraft came to rest on 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. 13). Reports in the media have suggested pilot error as the most likely cause (Ref. 14). The FAA has not directed the Authority or Burbank to take any action in response to the incident. However, the incident highlighted concerns over safety in the different "safety zones" near active runways defined in FAA guidelines. It is important to understand the geographic scope of those safety zones, and the limited application of the FAA guidelines, in consideration of the Application.
1. FAA Runway Safety Guidelines
The FAA has published guidelines that are intended to guide the development of airports 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. 15). 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.
The FAA standards implicated by the Application are described briefly below. A map depicting the location of each area as it relates to Runway 8-26 is attached to this Preliminary Analysis (Ref. 16).
Collectively, these areas are referred to below as FAA safety zones.
2. Efforts to Improve Safety in the FAA Safety Zones
Although specific action in response to the March 5, 2000 incident was not required, the accident 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 focused on a comprehensive solution that would address property ownership and land use in all FAA 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 all or parts of the FAA safety zones within public ownership and the possibility of rerouting Hollywood Way so it would not cross the OFA. 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. 17). The substance of these discussions is summarized in a staff report prepared for the City Council on January 9, 2001. (Ref. 18).
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.
Consistent with this policy, on April 17, 2001, the Burbank City Council approved the Authority’s P.U.C. § 21661.6 Application to purchase the properties at 2650, 2700 & 2708 Hollywood Way in order to remove the service station, restaurant and laundry located there. (Ref. 19). In addition to land acquisition, the Authority has recently completed construction of an Engineered Materials Arresting System ("EMAS") at the eastern end of Runway 8-26. The EMAS replaces the runway pavement with a semi-rigid foam-like material that is intended to stop an airplane before it overshoots the runway.
The Application is an additional effort by the Authority to increase the margin of safety at the Airport by relocating Airport parking currently located in the FAA safety zones.
B. Terms of the Authority’s Application
In the Application, the Authority proposes to relocate existing Airport Parking Lot A from its current location just north of Runway 8-26 and Parking Lot B from its location just east of Hollywood Way to portions of the Adjacent Property at the former Lockheed B-6 Property. The Authority states explicitly in the Application that it intends to relocate, but not increase, existing Airport parking. Approving the Application would not create any additional Airport parking capacity. In total, the Authority would close 1,728 parking spaces on existing Lots A and B and create 1,728 new spaces on the Adjacent Property. In addition, 355 spaces from existing Lot A would be incorporated into the new parking lot, for a total of 2,083 spaces, the same number of spaces as exist today. (Ref. 1 at 1.)
The Application is part of a larger Project to relocate Parking Lots A and B. The Project consists of the following elements:
In addition to these elements, and based on prior correspondence with the Authority, the City accepted the Application as complete and is processing the Application based on the following understandings regarding the current Lot B site:
The Application requests Burbank City Council approval under P.U.C. § 21661.6(e) to amend the previously approved plan for the Adjacent Property. That plan preserved the Adjacent Property as a buffer zone between the Airport and the rest of the B-6 Property, and permitted no uses other than certain limited temporary overflow parking uses as permitted by a 1997 Stipulated Order of Court. (Ref. 20). The Authority seeks to amend that plan to permit the use of 12.9 acres of the Adjacent Property for a permanent automobile parking lot to replace existing Lots A and B.
C. 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 Application and the uses of the Adjacent and Trust Property contemplated therein.
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.] requires agencies with discretionary approval authority over a project to consider the environmental consequences of a project before taking action on it. On April 19, 2001, the Authority issued a draft Initial Study and Notice of Intent to Adopt a Negative Declaration (Ref. 8), concluding that the proposed relocation of Parking Lots A and B would not result in any significant environmental impacts. On August 10, 2001, the Authority issued a revised Initial Study and on September 4, 2001, issued a Certification of Final Negative Declaration and Approval of Proposed Project, concluding that the relocation of Parking Lots A and B and associated clearance of the existing parking lot facilities "will not have a significant effect of the environment." (Ref. 12). Subject to the comments the City submitted in response to the Notice of Intent to Adopt a Negative Declaration (Ref. 8), the City concurs in the determination that approval of the Application likely would not result in any significant environmental impact.
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 noise exposure 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. Commercial and industrial uses are deemed compatible with such noise exposure levels.
As depicted in the Application, construction of the Project would be compatible with reported noise levels for the Adjacent Property.
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 plan to relocate Airport parking does not propose any change in Airport operations. Staff concludes that approval of the Application 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 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 relocation of existing Lots A and B would not constitute an extension of Runway 8-26.
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. As depicted in the Application, construction of the new parking lot would not violate these standards.
A new parking lot would be subject to Burbank’s land use laws, including the Burbank General Plan and the Burbank Zoning Ordinance. The new parking lot would be located partially in the M-2 Zone and partially in the Airport Zone.
Under the General Plan Land Use Element, the site of the proposed parking lot is partially designated for Airport uses and partially designated for Industrial use. (Ref. 21). Use of the site for a parking lot is consistent with both General Plan land use designations.
Under the Zoning Ordinance, the site is similarly divided between M-2 Industrial and Airport Zoning. As shown on the map at Reference 22, the southeastern "flagpole" portion of the parking lot is in the M-2 Industrial Zone and the western portion of the parking lot is in the Airport Zone.
In the M-2 Zone, an "Off-Street Parking Lot or Structure" is a permitted use. However, "Airport uses" are prohibited in the M-2 Zone. (Ref. 23). Because the proposed parking lot is intended for use exclusively by Airport users, there is a concern that a parking lot exclusively for Airport users would be considered an Airport use, and therefore prohibited in the M-2 Zone. Staff has considered this issue and has concluded that an off-street surface parking lot, even if intended for use exclusively by Airport users, would not be an "Airport use" under the Zoning Ordinance and therefore would be a permitted use.
In the Airport Zone, an "Off-Street Parking Lot or Structure" requires a Conditional Use Permit. (Ref. 24). The proposed parking lot would be consistent with Burbank land use laws and policies if the Authority obtains a Conditional Use Permit. As a preliminary matter, and without having examined a formal application for a Conditional Use Permit for the parking lot, it appears that the proposed parking lot would meet the conditions for approval and that staff would recommend that a Conditional Use Permit be granted. However, the final decision can be made only by the Burbank Planning Board following review of a formal application for a Conditional Use Permit.
Finally, it should be noted that the City is considering a number of changes to the Zoning in and around the Airport, including the site of the proposed parking lot. (Ref. 25). Although those potential changes are at a preliminary stage of staff-level review and development, and subject to further revision by the Burbank City Council and by staff as the process continues, the proposed parking lot would be consistent with the changes currently under consideration. Under the current proposal, parking for the Airport would be permitted on the site of the proposed parking lot.
Uses on the Adjacent Property are subject to easement and use restrictions pursuant to the Grant of Easements, Declarations of Use Restrictions and Agreements for the Adjacent Property executed by the Authority and the City on November 16, 1999 (Ref. 11).
The use of the Adjacent Property for the Project is not permitted pursuant to the 1999 Easement Agreement. Accordingly, the Project can not be implemented unless and until the City and the Authority agree to amend the 1999 Easement Agreement to permit the Project.
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. In general, the ALUC’s plan for the Airport designates the Adjacent Property as appropriate for uses that are compatible with noise exposure levels on the Adjacent Property.
As depicted in the Application, construction of the Project would be consistent with the ALUC’s plan.
The Project likely would not have any significant effect on traffic patterns on Hollywood Way or elsewhere in the City. The Project would be a one-for-one replacement of existing parking spaces, and would not add any spaces or accommodate additional vehicles. Relocating existing Lot A likely would not have any significant effect on traffic patterns in and around the airport as the lot is moving just north of its current position. Removing Lot B from its current site along Hollywood Way likely would reduce the traffic turning onto Winona Avenue from Hollywood Way. The number of vehicles turning from Hollywood Way onto the existing Lot A access road (the access road) would increase. The Authority would mitigate this anticipated change by widening the entrance to the parking lot to 60 feet and aligning it with Winona Avenue, relocating and/or rephasing the traffic signal at Hollywood Way and Winona Avenue, installing curb returns with 24-foot radius at the entrance, and installing appropriate signage. Staff’s preliminary view is that the Project would not adversely effect transportation plans or traffic levels of service in the City. Because the existing Lot B site would be utilized as open space, no use with the potential to generate additional traffic would locate on the site and no additional traffic impacts would be created.
Under the federal Clean Air Act, each state must adopt a plan known as a 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 relocation of existing Airport parking would not increase the parking capacity at the Airport and would not increase the number of car-trips, and thus should have no appreciable effect on the number of vehicles in the vicinity of the Airport. Staff does not find that the Authority’s proposed relocation plans would have any significant impact on air quality.
The Project would not entail the relocation or displacement of any persons or businesses, thus avoiding application of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655, which requires federally funded airports to provide certain financial assistance and adhere to other procedures when projects require the dislocation of homes and businesses.
The Burbank Municipal Code imposes a number of requirements regarding grading, dust control, landscaping, and other activities in which the Authority might engage in connection with relocating Airport Parking Lots A and B. If the Application is approved, 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 P.U.C. § 21661.6. Further, nothing herein is intended to indicate that the City has taken a position regarding whether the Authority has complied with any law relating to grading, environmental matters, landscaping or other laws that may apply to the Authority’s relocation of Lots A and B.
In order to facilitate public discussion of the proposed Airport Parking Lots A and B relocation, staff presents its preliminary understanding of the principal advantages and disadvantages of approving the Application in light of the criteria set forth in the Procedures. As detailed below, based on that preliminary analysis, staff has preliminarily concluded that relocation of existing Parking Lots A and B does meet the criteria 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.
- Advantages to the Public and the Environment
The primary advantage to the public from approval of the Authority’s plans for relocation of existing Airport Parking Lots A and B is increased safety. Minimizing Airport-related hazards is an important goal of the City’s Land Use Element (Ref. 21). As the Southwest Airlines accident illustrated, the existence of structures close to the eastern end of Runway 8-26 increases the risks posed by the Airport’s location in an urbanized area. Further, although the Airport is currently not in violation of FAA regulations and is not under any legal duty to take any action regarding Parking Lots A and B, approving the Application would further reduce dangers associated with the parking structures currently located to the north and east of Runway 8-26.
- Disadvantages to the Public and the Environment
The Project presents no major disadvantages to the public or the environment. The Project involves the consolidation of two parking lots into one parking lot, with no increase in the total number of parking spaces. The proposed site is, in general, suitable for parking. The potential disadvantages of the Project can be addressed through basic mitigation measures and compliance with existing law. For example, potential traffic impacts can be mitigated by implementing the roadway, signal and sign improvements summarized above. Potential disadvantages due to stormwater runoff can be mitigated by the construction of drainage facilities pursuant to existing law. See Burbank Municipal Code § 25-1005. Potential disadvantages of incompatible land use can be addressed by the appropriate amendments to the Grant of Easements, Declarations of Use Restrictions and Agreements for the Adjacent Property executed by the Authority and the City on November 16, 1999 and by obtaining a Conditional Use Permit to permit a parking lot in the Airport Zone.
Provided these steps are taken, and the Authority otherwise complies with existing law, staff has not identified, at this preliminary stage, any disadvantages to the public or to the environment of approving the Project.
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 points out in its Application that the relocation of existing Lots A and B is intended to reduce the public’s exposure to safety hazards, and staff concurs in this conclusion. Furthermore, relocating the Lots would not to increase Airport operations, increase overall passenger capacity at the Airport 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 relocation of Parking Lots A and B to a 12.9-acre portion of the Adjacent Property meets the criteria for approval under P.U.C. § 21661.6 and the City’s Procedures.
First, staff preliminarily concludes that the advantages of approving the Application outweigh its disadvantages. Approving the Application would improve the margin of safety at the Airport by moving existing Parking Lots A and B out of the RSA, PSA and OFA. Although not required by any FAA regulation or directive, such a move has the advantage of increased safety margins. Approving the Application would not create any disadvantages, provided the Authority complies with existing law and implements promised mitigation measures.
Second, staff preliminarily concludes that approval of the Application would be 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 a portion of the Adjacent Property for Airport parking would not cause any increased noise or Airport operations and would increase the margin of safety in the area near the Airport by removing existing parking lots from the RSA, OFA and PSA.
IV. CONCLUSION
The principal purpose of this Preliminary Analysis is to facilitate public discussion and comment on the Application. 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.
As noted at the beginning of this Preliminary Analysis, the City and the Authority are currently in litigation regarding the application of Measure A to the Application. Accordingly, the City cannot complete the processing of the Application or take any action to approve or deny the Application pending resolution of that litigation. This Preliminary Analysis is provided for informational purposes only, and will be revised and updated as necessary after the court has ruled on the applicability of Measure A to the Application.
TABLE OF RECORD REFERENCES
Reference 1 Application for Relocation of Parking Lots A and B
Reference 2 California Public Utilities Code § 21661.6
Reference 3 City Procedures for Section 21661.6 Applications
Reference 4 September 21, 2001 Determination of Completeness
Reference 5 December 4, 2000, Section 21661.6 Application for Parking Lot A
Reference 6 December 4, 2000, Section 21661.6 Application for Parking Lot B
Reference 7 February 21, 2001 Determination of Completeness
Reference 8 Notice of Intent to Adopt Negative Declaration and Draft Initial Study
Reference 9 City Comments on Notice of Intent to Adopt Negative Declaration
Reference 10 Amended, Restated, and Superseding Escrow Agreements
Reference 11 Grant of Easements, Declarations of Use Restrictions
and Agreements for the Trust Property
Reference 12 Notice of Determination, Certification of Final Negative Declaration
and Approval of Proposed Project
Reference 13 NTSB Preliminary Statement
Reference 14 Edward R. Phillips, NTSB Probe Focuses on Southwest Pilots,
Aviation Week & Space Tech., March 13, 2000, at 40
Reference 15 FAA Design Standards, Advisory Circular Number 150/5300-13
(Sept. 29, 1989)
Reference 16 Map of Safety Zones
Reference 17 October 30, 2000 Staff Report on Runway Safety
Reference 18 January 9, 2001 Staff Report on Runway Safety
Reference 19 Approval of Hollywood Way Section 21661.6 Applications
Reference 20 November 16, 1999 Section 21661.6 Plan for the Adjacent Property
Reference 21 Burbank General Plan Land Use Element
Reference 22 Burbank Zone Map (excerpt)
Reference 23 Burbank M-2 Zone Regulations
Reference 24 Burbank Airport Zone Regulations
Reference 25 Notice to Property Owners Regarding Potential Zoning Changes