Burbank Municipal Code Div. 9 Development Agreements

This division is enacted pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code, Section 65864 et seq. This division is adopted to supplement existing provisions of the Burbank Municipal Code and may be cited as the “Development Agreement Ordinance of the City of Burbank.” [Added by Ord. No. 2965; Formerly numbered Section 31-300; Renumbered by Ord. No. 3058, eff. 2/21/87.]

The purpose of this division is to strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development by providing an option to the City and developers to enter into Development Agreements. This division is intended as an alternate process to accommodate major and unique developments for residential, commercial, professional, or other similar activities, including combinations of uses and modified development standards, which would create a desirable, functional, and community environment under controlled conditions of a development plan. This division is further intended to provide assurances to a land developer which will reduce the economic risks of a project while providing the City with a flexible means of promoting comprehensive planning and orderly development. [Added by Ord. No. 2965; Formerly numbered Section 31-301; Renumbered by Ord. No. 3058, eff. 2/21/87.]

The procedures and requirements set forth in this division shall provide the specific regulations and development standards for any Development Agreements proposed by developers and entered into by the City Council under the authority vested in the Council pursuant to Section 10-1-1997 and may be in lieu of other procedures specified or required in other provisions of this article. [Added by Ord. No. 2965; Formerly numbered Section 31-302; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19100: APPLICATION:

A. FORM OF APPLICATION.

The City Planner shall prescribe the form of each application, notice, and documents provided for or required under this division for the preparation and implementation of Development Agreements.

B. ADDITIONAL INFORMATION.

The City Planner may require an applicant to submit such information and supporting data as the City Planner considers necessary to process the application. [Added by Ord. No. 2965; Formerly numbered Section 31-303; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19101: FEES:

Prior to the time an application for a Development Agreement is determined to be complete and accepted for processing, the applicant shall pay to the City Planner such fees as provided in the Burbank Fee Resolution. [Added by Ord. No. 2965; Formerly numbered Section 31-304; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19102: APPLICANT AND OTHER PARTIES:

A. APPLICANT.

Only a qualified applicant may file an application to enter into a Development Agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the Development Agreement, or authorized agent of such person. The City Planner may require an applicant to submit proof of the applicant’s interest in the real property and of the authority of an agent to act for the applicant.

B. OTHER PARTIES.

In addition to the City of Burbank and the property owner, any federal, state, or local governmental agency or body, including the Redevelopment Agency of the City of Burbank, and any other private party may be included as a party to any Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-305; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19103: PROPOSED TERMS OF AGREEMENT:

Each application shall be accompanied by a description of the proposed parties and the general terms and conditions proposed by the applicant to be contained in the Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-306; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19104: REVIEW OF APPLICATION:

The City Planner shall endorse on the application the date the application is received. The City Planner shall review the application and may reject it if it is incomplete or inaccurate for processing. If the City Planner finds that the application is complete, the City Planner shall accept it for filing. The City Planner shall review the application and determine the additional requirements necessary to complete the agreement. After the required information is received, a staff report and recommendation shall be prepared. The staff report shall state whether or not the agreement as proposed or in an amended form would be consistent with the general plan and any applicable specific plan. [Added by Ord. No. 2965; Formerly numbered Section 31-307; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19105: CONTENTS OF DEVELOPMENT AGREEMENT:

Each Development Agreement shall be prepared under the direction and supervision of the City Planner and approved as to form by the City Attorney. Each Development Agreement shall contain the following minimum provisions:

1. Duration of agreement.

2. Permitted and conditional uses.

3. Density or intensity of uses.

4. Location of uses.

5. Provisions for reservation, dedication, and improvement of land for public purposes.

6. Rules, regulations, policies, and detailed design of physical improvements, governing property development standards, and public improvement standards.

7. Conditions, terms, restrictions, and requirements for subsequent discretionary action, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.

8. Commencement and completion dates.

9. Performance security as may be required.

10. An appeal process for resolution of any interpretation disputes. [Added by Ord. No. 2965; Formerly numbered Section 31-308; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19106: NOTICE:

The City Planner shall give notice of intention to consider adoption of a Development Agreement and of any other public hearing required by law or this division according to the provisions of this section.

A. FORM OF NOTICE.

The form of the notice of intention to consider adoption of Development Agreement shall contain:

1. The time and place of the hearing.

2. A general explanation of the matter to be considered including a general description of the area affected.

3. Other information required by specific provisions of these regulations or which the City Planner considers necessary or desirable.

B. TIME AND MANNER OF NOTICE.

The notice shall be published at least once in a newspaper of general circulation in the City of Burbank. The notice shall also be mailed to all persons shown on the last equalized assessment role as owning real property and occupants within 300 feet of the property which is the subject of the proposed Development Agreement.

C. DECLARATION OF EXISTING LAW.

The notice requirements referred to in this section are declaratory of existing law (Government Code Section 65867). The provisions of Government Code Sections 65854, 65854.5, and 65856 are incorporated by reference as a part of this section. If state law prescribes a different notice requirement, notice shall be given in that manner.

D. FAILURE TO RECEIVE NOTICE.

The failure of any person entitled to notice required by law shall not affect the authority of the City of Burbank to enter into a Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-309; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3587, eff. 11/3/01.]

10-1-19107: RULES GOVERNING CONDUCT OF HEARING:

The public hearing shall be conducted in accordance with the procedural standards prescribed in this article for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant shall have the burden of proof at the public hearing on the proposed Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-310; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19108: IRREGULARITY IN PROCEEDINGS:

No action, inaction, or recommendation regarding the proposed Development Agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted in error or is shown. [Added by Ord. No. 2965; Formerly numbered Section 31-311; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19109: DETERMINATION BY PLANNING COMMISSION:

A. PLANNING COMMISSION HEARING.

Within 30 days of completion of an Environmental Impact Report, or within 90 days of the date the application is accepted as complete, whichever date is later, the Planning Commission shall hear and consider the proposed Development Agreement.

B. RECOMMENDATIONS TO COUNCIL.

The Planning Commission shall, at the conclusion of the hearing, recommend to the Council approval, disapproval, or modification of the proposed Development Agreement. Such recommendation shall include specific regulations, if applicable, to be applied to the proposed project, including but not limited to, the following:

1. Permitted uses.

2. Conditional uses.

3. Property development regulations.

4. Public improvement standards.

5. Special requirements where applicable.

6. Development plan and schedule. [Added by Ord. No. 2965; Formerly numbered Section 31-312; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19110: DECISION BY COUNCIL:

A. ACTION BY COUNCIL.

Within 30 days of the Planning Commission action on a proposed Development Agreement, a public hearing shall be set by the City Clerk, noticed in accordance with Section 10-1-19106, and held by the Council. After the Council completes its public hearing, it may accept or disapprove the recommendation of the Planning Commission. The Council shall refer matters not previously considered by the Planning Commission during its hearing and any proposed modifications to the Development Agreement back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the Council.

B. CONSIDERATION WITH GENERAL AND SPECIFIC PLANS.

The Council may not approve the Development Agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

C. APPROVAL OF DEVELOPMENT AGREEMENT.

If the Council approves the Development Agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development takes effect, the Council may enter into the agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-313; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19111: ADDITIONAL USE OF DEVELOPMENT AGREEMENTS:

A. DISCRETIONARY ENTITLEMENTS.

The City Planner, in the City Planner’s discretion, or the Planning Commission or the Council, in its discretion, may approve the use of a Development Agreement as a method of implementing any discretionary approval authorized in this article, including, but not limited to, the following:

1. Zone map amendments.

2. Issuance of a Conditional Use Permit.

3. Conditions imposed upon approval of a Variance.

4. Conditions imposed upon approval of site plan review.

5. Conditions imposed in connection with the adoption of any specific plan.

6. Conditions imposed upon any subdivision.

7. Mitigation measures imposed upon a project after approval of an environmental impact report or a negative declaration in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts.

B. PROCESSING.

The processing, review, and approval of a Development Agreement authorized or required pursuant to the provisions of this section shall be processed, reviewed, and approved concurrently with the specific discretionary entitlement or review process applicable to the project which would be subject to such Development Agreement. Development agreements authorized or required pursuant to this section need not be processed pursuant to the provisions of this division. [Added by Ord. No. 2965; Formerly numbered Section 31-314; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19112: AMENDMENT AND CANCELLATION OF AGREEMENT BY MUTUAL CONSENT:

The procedure for proposing and adopting an amendment to or canceling, in whole or in part of the Development Agreement is the same as the procedure for entering into an agreement in the first instance. [Added by Ord. No. 2965; Formerly numbered Section 31-315; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19113: RECORDATION OF DEVELOPMENT AGREEMENT, AMENDMENT, OR CANCELLATION:

A. RECORDATION.

Within ten (10) days after the Development Agreement has been executed and has become binding on the City, the City Clerk shall have the agreement recorded with the County Recorder.

B. AMENDMENT OR CANCELLATION.

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the Council terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder. [Added by Ord. No. 2965; Formerly numbered Section 31-316; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19114: PERIODIC REVIEW:

A. REVIEW OF DEVELOPMENT AGREEMENT.

The City Planner shall review the compliance by the property owner under the Development Agreement every 12 months from the date the agreement is entered into.

B. PUBLIC HEARING.

If the City Planner finds substantial evidence that the property owner under the Development Agreement has not complied in good faith with the terms and conditions of the Development Agreement the City Planner shall set a public hearing before the Planning Commission, noticed in accordance with Section 10-1-19106, at which the property owner must demonstrate good faith compliance with the terms of the Development Agreement. The burden of proof of compliance by the property owner is upon the property owner.

C. FINDINGS UPON PUBLIC HEARING.

The Planning Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-317; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19115: PROCEDURE UPON FINDINGS:

A. FINDING OF COMPLIANCE.

If the City Planner after the City Planner’s review, or the Planning Commission after a hearing, determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

B. FINDING OF FAILURE OF COMPLIANCE.

If the Planning Commission after a hearing determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission shall forward its recommendation to the City Council and the City Council may modify or terminate the agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-318; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19116: MODIFICATION OR TERMINATION:

Within 30 days of receipt of the Planning Commission’s findings and determinations regarding compliance with the Development Agreement, a public hearing shall be set by the City Clerk, noticed in accordance with Section 10-1-19106, and held by the Council. The notice shall contain:

1. The time and place of the hearing.

2. A statement as to whether the City proposes to terminate or to modify the Development Agreement.

3. Other information which the City considers necessary to inform the property owner of the nature of the proceedings. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The Council may impose such conditions as it considers necessary to protect the interest of the City. The decision of the Council shall be final. [Added by Ord. No. 2965; Formerly numbered Section 31-319; Renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. 22-3,983, eff. 12/16/22.]

10-1-19117: ENFORCEMENT:

Unless amended or canceled, a Development Agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation (not including Title 9 Chapter 1 of this Code), adopted by the Council which may otherwise alter or amend the rules, regulations, or policies specified in such Development Agreement. [Added by Ord. No. 2965; Formerly numbered Section 31-320; Renumbered by Ord. No. 3058, eff. 2/21/87.]