Burbank Municipal Code Div. 10 Planned Development (CA)

10-1-19118: TITLE:

This division shall be referred to as the “Planned Development Ordinance.” [Added by Ord. No. 3016; Formerly numbered Section 31-330; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19119: PURPOSE:

This division is intended as an alternate process to accommodate 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. [Added by Ord. No. 3016; Formerly numbered Section 31-331; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19120: DEFINITIONS:

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Title 1 and Article 2 of Title 10 of this Code shall also govern the construction, meaning, and application of words and phrases used in this article and Development Agreements entered into pursuant to the provisions of this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

ADOPTED CITY STANDARDS: Shall mean those property development standards and public improvement standards contained in Articles 5 through 16, inclusive, of Title 10, and Articles 10, 11, and 15 of Title 11 of this Code.

APPLICANT: Shall mean the developer or landowner requesting review and consideration of a proposed Planned Development.

APPROVED PLANNED DEVELOPMENT: Shall mean the project report and Development Agreement processed, completed and approved pursuant to the provisions of this article.

DEVELOPMENT AGREEMENT: Shall mean a Development Agreement as authorized pursuant to the provisions of Division 9, Article 19 (commencing with Section 10-1-1997) of this Code.

GROSS AREA: Shall mean the area of a parcel or parcels prior to the dedication of land for any public street purpose.

PROPERTY DEVELOPMENT STANDARDS: Shall mean those improvement standards for the development of private property, including, but not limited to, building heights, setbacks, building site area and coverage, signs, landscaping, parking, and access.

PUBLIC IMPROVEMENT STANDARDS: Shall mean those standards which relate to public improvements and facilities including, but not limited to, streets, street lighting, utilities, and drainage systems. [Added by Ord. No. 3016; Formerly numbered Section 31-332; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19121: APPLICABILITY OF REGULATIONS:

A. REGULATIONS AND STANDARDS.

This division, and any development plan or agreement, shall provide the specific regulations and development standards for any Planned Development as established pursuant to this division. Unless otherwise provided for in this division, or in any development plan or agreement, Articles 5 through 16, inclusive, of Title 10, and Articles 10, 11, and 15 of Title 11, or portions thereof, of this Code shall be specifically applied to any Planned Development established pursuant to this division.

B. MINIMUM STANDARDS.

Uniform City standards shall be the minimum standards for any Planned Development unless otherwise provided for in a development plan or agreement.

C. “PD” ZONE.

All Planned Developments shall be identified on the Zone Map with the letter coding “PD” followed by a specific reference number identifying each separate Planned Development and such shall constitute the zone for each Planned Development. All development plans and agreements adopted pursuant to this division shall be identified by reference to the corresponding designation of each “PD” Zone on the Zone Map. [Added by Ord. No. 3016; Formerly numbered Section 31-333; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19122: PERMITTED USES:

Any use may be permitted in any Planned Development, provided such use shall be specifically listed as a permitted use in the Development Agreement for the Planned Development. Such uses shall be located and conducted in accordance with an approved Planned Development and Development Agreement, adopted pursuant to the provisions of this division. [Added by Ord. No. 3016; Formerly numbered Section 31-334; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19123: CONDITIONAL USES:

Any use may be established as a conditional use in a Planned Development, provided such use be specifically listed as a conditional use subject to the provisions of the Development Agreement for the Planned Development. Such conditional uses shall be located and conducted in accordance with an approved Planned Development and Development Agreement adopted pursuant to this division. [Added by Ord. No. 3016; Formerly numbered Section 31-335; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19124: DESIGN REVIEW CRITERIA:

Planned Developments shall observe the following design review criteria:

A. The design of the overall Planned Development shall be comprehensive and shall embrace land, buildings, landscaping, and their interrelationships and shall be substantially consistent with the General Plan and any applicable Element of the General Plan.

B. The Planned Development shall provide for adequate permanent open areas, circulation, off-street parking, and pertinent pedestrian amenities. Building structures and facilities and accessory uses within the Planned Development shall be well integrated with each other and to the surrounding topographic and natural features of the area.

C. The Planned Development shall be compatible with existing and planned land use on adjoining properties.

D. Any private street system or circulation system shall be designed for the efficient and safe flow of vehicles, pedestrians, bicycles, and the handicapped, without creating a disruptive influence on the activity and functions of any area or facility.

E. The public street system within or adjacent to a Planned Development shall be designed for the efficient and safe flow of vehicles (including transit vehicles), pedestrians, bicycles, and the handicapped. Public streets shall be designed using standard City lane widths, capacities, and travel speeds. The design shall also include adequate space and improvements for transit vehicles and facilities for bicycle and pedestrian circulation. City standard entrance control requirements shall be maintained. Design of major streets shall also provide sidewalks, adequate street lighting, and concrete median islands on arterial streets.

F. Common area and recreational facilities shall be located so as to be readily accessible to the occupants of residential uses.

G. Compatibility of architectural design and appearance, including signing throughout the Planned Development, shall be sought. In addition, architectural harmony with surrounding neighborhoods shall be achieved so far as practicable.

H. Where applicable, an adequate variety of uses and facilities shall be provided in order to meet the needs of the Planned Development and adjacent neighborhoods.

I. The Planned Development and each building intended for occupancy shall be designed, placed, and oriented in a manner conducive to the conservation of energy. [Added by Ord. No. 3016; Formerly numbered Section 31-336; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19125: PROJECT REPORT:

The processing of a Planned Development shall commence with the submission of a project report to the Director. The project report shall be in a form determined by the Director, which will promote a complete understanding of the proposed Planned Development and allow for convenient modification and supplementation of such project report as the proposed Planned Development is reviewed and evaluated. The applicant shall submit a sufficient number of copies of the project report as determined by the Director. Each project report shall contain the following minimum information:

A. DEVELOPMENT PLAN.

An aerial photograph or map of the site and adjacent land within 300 feet of the site, at a scale prescribed by the Director.
A legal description of the Planned Development.
A map drawn to scale showing the boundaries of the Planned Development, any public or private streets, proposed building sites, and any areas proposed to be dedicated or reserved for school sites, ponding basins, parks, parkways, paths, playgrounds, public buildings, and other such public or private uses.
A land use plan, including densities and intensities of uses, for the proposed “PD” Zone identifying the areas proposed for each use or combination of uses identified by the development program statement.
A vehicular and circulation plan for streets and rights-of-way within and adjacent to the Planned Development and for intersections and extensions of streets within the Planned Development indicating the proposed movement of vehicles, goods, pedestrians, and bicycles within the Planned Development, and to and from adjacent thoroughfares.
A designation of the number and type of dwelling units, gross area, and corresponding residential density for each area proposed for residential uses and the aggregate numbers and types of dwelling units, gross area, and residential density for all proposed residential uses.
A description of intensity of nonresidential uses expressed as estimated floor area ratio for each area of the Planned Development for which nonresidential uses are proposed.
Location of existing buildings.
Description of utility service systems, including gas, water, electricity, telephone, and cable television, to be provided for the Planned Development.
Description of storm waters and flood control systems, including location of flood control facilities.
Description of energy conservation designs and techniques to be incorporated in the development of the Planned Development.

B. DEVELOPMENT SCHEDULE.

A schedule, indicating to the best of the applicant’s knowledge, the approximate earliest date upon which construction or development can begin, the approximate duration of time required for completion of the development, and the approximate date or dates of occupancy.
A phasing program indicating, in the event the proposed development within the Planned Development is expected to require more than one (1) year for completion and occupancy, a logical or programmed sequence of phases and related public improvements and incorporating a schedule as described in Subsection (1) above for each phase of development.

C. DEVELOPMENT PROGRAM STATEMENT.

A complete listing of all permitted and conditional uses retained or proposed, or potentially to be included, within the Planned Development.
A description of the nature of uses proposed, and the conditions or characteristics of occupancy, use, or operation, with particular reference to those conditions or characteristics which may warrant regulation differing from those regulations which might apply to such uses if located in one (1) or more general zones within the City, and justification for any such differences.
A complete listing and description, including diagrams, and a statement of justification, of all property development standards not consistent with adopted City standards which are proposed for the Planned Development.
A complete listing and description, including appropriate diagrams, and a statement of justification, of all public improvement standards not consistent with adopted City standards which are proposed for the Planned Development.

D. ENVIRONMENTAL INFORMATION.

The applicant shall provide such support documentation, studies, analyses, and explanatory materials pertinent for the thorough understanding and review of the environmental documents for the project.

E. SUPPLEMENTAL INFORMATION.

The applicant shall further provide any additional information, studies or material which the Director may deem appropriate for the reasonable explanation or illustration of the Planned Development. Any request by the Director made pursuant to the provisions of this subsection shall be in writing and mailed by first class mail to the applicant or their designated representative. [Added by Ord. No. 3016; Formerly numbered Section 31-337; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19126: DEVELOPMENT REVIEW:

A site plan for the Planned Development, or portion or phase thereof as approved and accepted by the Director, consistent with the provisions of Division 2 of this article, must be submitted for review and approval prior to the issuance of a building permit. Such plan shall be submitted as a part of the project report for the Planned Development as submitted, in which event the plan will be reviewed and considered as an integral part of the project report for the Planned Development. A tentative subdivision map or preliminary parcel map, covering at a minimum the area of the site plan, shall be submitted concurrently with such plan whenever the Director deems such map appropriate. The filing of a tentative subdivision map or a preliminary parcel map pursuant to the provisions of this section shall be deemed a waiver of the time limits contained in Title 11 of this Code. [Added by Ord. No. 3016; Formerly numbered Section 31-338; Renumbered by Ord. No. 3058; Amended by Ord. No. 3190, eff. 5/26/90.]

10-1-19127: PLANNED DEVELOPMENT REVIEW PROCESS:

Proposals for Planned Developments shall be processed as provided in this section.

A. PROJECT CONFERENCES.

Prior to filing a project report for a Planned Development, the applicant, their engineer and their planning consultant shall meet with the Director and such other persons as the Director may deem appropriate in order to 1) discuss property development standards and public improvement standards which may be proposed for the Planned Developments; 2) acquaint the applicant with the substantive and procedural requirements of this article; and 3) identify policies and issues which may create opportunities or pose significant constraints for the proposed Planned Development.
Nothing in this section shall be construed as precluding any other conference, meeting, or discussion which the applicant or the Director deems appropriate.

B. COMPLETION AND ACCEPTANCE OF A PROJECT REPORT.

No later than 30 calendar days after the Director has received a project report for a Planned Development, the Director shall determine in writing whether such project report is complete and accepted for processing, and shall immediately transmit such determination to the applicant. In the event the project report is determined not to be complete, the Director’s determination shall specify those parts of the project report which are incomplete and shall indicate the manner in which such project report may be made complete. After the Director accepts a project report as complete, the Director may, in the course of processing the project report, require the applicant to clarify, amplify, correct, or otherwise supplement the information required for the project report.

C. FEES.

Prior to the time a project report for a Planned Development is determined to be complete and accepted for processing, the applicant shall pay such fees as provided in the Burbank Fee Resolution.

D. DISTRIBUTION OF PROJECT REPORT.

The Director shall distribute copies of the project report for a Planned Development, including the Development Plan, Development Schedule, and Development Program Statement, and all accompanying materials to other City departments and officials, government agencies, public utilities and private organizations, who are directly concerned with the Planned Development.

E. ENVIRONMENTAL REVIEW.

Prior to Planning Commission and Council review of the project report and proposed Planned Development, appropriate environmental review in compliance with the California Environmental Quality Act of 1970, as amended, and applicable State guidelines, must be completed and submitted to the Director pursuant to Article 1 of Title 9 Chapter 3 of this Code. A project report for a Planned Development shall not be deemed complete until such review has been completed and accepted by the Director.

F. PREPARATION OF REPORT AND ANALYSIS.

The Director shall cause to be prepared a written report and analysis on the proposed Planned Development for presentation to the Planning Commission and Council. Such report and analysis shall contain appropriate staff recommendations and shall be served on the applicant at least ten (10) business days prior to any hearing on the proposed Planned Development before the Planning Commission.
The Director shall develop and implement appropriate administrative procedures for the participation of interested persons, affected property owners, private organizations, public agencies, and other City departments and officials in the preparation of the report and analysis on the Planned Development.

G. PLANNING COMMISSION HEARING.

Within 30 days of completion of the Draft Environmental Impact Report, if required, or within 90 days of the date the project report is accepted as complete, whichever date is later, the Planning Commission shall hear and consider the proposed Planned Development.

Notice of the time, place, and purpose of such hearing shall be published once in a local newspaper of general circulation, not less than twenty (20) days prior to the date of the hearing, or other time period as may be required by applicable law, and shall be mailed by first class mail to all persons, organizations, and agencies which participated in the preparation of the Director’s report and analysis. The Director may also give such additional notice as they deem desirable and practicable.
Notice of the time, place, and purpose of the hearing for purpose of the consideration for the Planned Development proposal shall be given at least twenty (20) days in advance of such hearing, or other time period as may be required by applicable law, to all property owners and occupants within 1000 feet of such proposed Planned Development.
One four (4) foot by eight (8) foot sign, approved by the Community Development Director, shall be posted on the subject property. The sign shall be posted no less than twenty (20) days prior to the scheduled hearing, or other time period as may be required by applicable law.
The hearing may be continued for a period not to exceed 30 days unless a Draft Environmental Impact Report has been prepared, in which event the hearing may be continued for a period not to exceed 60 days for the purpose of allowing for the completion of the Final Impact Report. In the event the Planning Commission, for any reason, fails to make a recommendation within the time limits established by this subsection, the Planned Development proposal shall be referred to Council and set for hearing pursuant to Subsection (H) of this section.
At the conclusion of the hearing, the Planning Commission shall recommend to the Council approval, disapproval or modification of the proposed Planned Development. Such recommendation shall include specific regulations to be applied to the proposed Planned Development, including, but not limited to the following:

(i) Permitted uses,

(ii) Conditioned uses,

(iii) Property development regulations,

(iv) Public improvement standards,

(v) Special requirements where applicable,

(vi) Development plan and schedule.

H. COUNCIL HEARING.

Within 30 days of Planning Commission action on a proposed Planned Development, a public hearing shall be set by the City Clerk, noticed in accordance with Subsection (F)(1) and (F)(2) of this section, and commenced by the Council.

Following such hearing the Council shall adopt, modify, or reject the proposed Planned Development and the specific regulations which shall govern such Planned Development.
The hearing may be continued at the discretion of the Council.
Prior to approval of a Planned Development, the Council must find such Planned Development is consistent with the General Plan and applicable community plans and that the design criteria identified in Section 10-1-19124 of this article have been satisfied.
Any decision of the Council shall be final.
A Planned Development shall be adopted by uncodified ordinance.
Approval of any Planned Development shall include such conditions and specific regulations to be applied to the proposed Planned Development, including, but not limited to, the following:

(i) Permitted uses,

(ii) Conditioned uses,

(iii) Property development regulations,

(iv) Public improvement standards,

(v) Special requirements where applicable,

(vi) Development plan and schedule.

I. RULES GOVERNING CONDUCT OF HEARING.

Public hearings before the Planning Commission and Council on a proposed Planned Development 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 each public hearing on the proposed Planned Development.

J. IRREGULARITY IN PROCEEDINGS.

No action, inaction, or recommendation regarding the proposed Planned Development 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.

K. APPLICANT MODIFICATIONS.

Whenever the applicant initiates or proposes a modification, change, or amendment to an accepted project report for a Planned Development, the time limits specified in this section shall be tolled for a period of 30 days following submission of such modification, change, or amendment, unless otherwise agreed to by the Director. [Added by Ord. No. 3016; formerly numbered Section 31-339; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 25-4,024, eff. 4/1/25; 22-3,983, 15-3,868, 13-3,844; 3587, 3020.]

10-1-19128: DEVELOPMENT AGREEMENT:

The approval of a Planned Development shall be subject to the applicant entering into an agreement or agreements with the City for the provision and guarantee of the terms, conditions, and regulations of the Planned Development as approved by the Council. Such agreement shall be the legal mechanism for the full implementation and enforcement of the approved Planned Development. The agreement shall be prepared under the direction and supervision of the Director and the City Attorney. Such Development Agreement shall contain the following minimum provisions:

A. Duration of agreement.

B. Permitted and conditional uses.

C. Density or intensity of uses.

D. Location of uses.

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

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

G. Conditions, terms, restrictions and requirements for subsequent discretionary actions, if applicable.

H. Commencement and completion dates as specified in the Development Schedule.

I. Performance security as may be required.

J. An appeal to Council process for resolution of any interpretation disputes. [Added by Ord. No. 3016; Formerly numbered Section 31-340; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19129: PERIODIC COUNCIL REVIEW AND REVERSION:

A. At least every 12 months the Director shall submit to Council a review of each Development Agreement entered into pursuant to the provisions of this article.

B. Council may terminate or modify the agreement without the consent of the applicant or their successors in interest in the event Council finds and determines, on the basis of substantial evidence, the applicant or successor in interest has not complied in good faith with the terms or conditions of the agreement.

C. The termination of a Development Agreement pursuant to the terms of this section shall result in the immediate reversion of the “PD” Zone to the R-1 Zone for each area of the Planned Development for which a final map has not been recorded or a building permit issued subsequent to the approval of the Planned Development. [Added by Ord. No. 3016; Formerly numbered Section 31-341; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19130: ENFORCEMENT:

Unless amended or canceled pursuant to Section 10-1-19132, 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 the Code), adopted by Council which may otherwise alter or amend the rules, regulations, or policies specified in such Development Agreement. [Added by Ord. No. 3016; Formerly numbered Section 31-342; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19131: COMPATIBILITY WITH DESIGN PLANS:

Construction drawings and plan checking documents, subsequently submitted with applications for required permits or other construction approvals pursuant to approved Planned Development regulations, shall conform to the site plan and shall be subject to all applicable review and permit requirements in effect at the time of approval and permit issuance. [Added by Ord. No. 3016; Formerly numbered Section 31-343; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19132: ADDITIONAL ENTITLEMENTS:

Nothing in this article shall preclude the processing or approval of discretionary entitlements or rights or privileges identified in this Code. Such entitlements shall be processed in the manner specified in such chapter. The property development standards, public improvement standards, and other design standards contained in the approved Planned Development shall be applied in the review of such entitlement applications. [Added by Ord. No. 3016; Formerly numbered Section 31-344; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19133: AMENDMENT:

Any amendment to the Development Agreement or Planned Development which substantially deviates from, or substantially modifies, the terms, conditions and regulations of the approved Planned Development, as determined by the Director, shall be deemed a new request for a Planned Development and processed pursuant to the provisions of Section 10-1-19127 of this article. [Added by Ord. No. 3016; Formerly numbered Section 31-345; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-19134: RECORDATION OF AGREEMENT:

No later than ten (10) days after the Council enters into a Development Agreement, the City Clerk shall record a copy of the agreement with the County Recorder. The burdens of the agreement shall be binding upon and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement. [Added by Ord. No. 3016; Formerly numbered Section 31-346; Renumbered by Ord. No. 3058, eff. 2/21/87.]