Attachment 3 — Burbank City Council, February 8, 2022

ATTACHMENT 3-1

Attachment 3 - Summary of Amendments Proposed to Regulations on Single-Family Dwellings in R-1 and R-1-H Single Family Residential Zones and continuation of nonconforming structures

1. Section 10-1-203: Definitions

a) The ZTA proposes update to the definition of retaini ng wall by adding language that clarifies the way a retaining wall is measured. Currently, the existing code does not provide details regarding reference grade for measuring height of retaining walls located outside the 15-foot setback area as measured fro m the sidewalk. Th e proposed update will facilitate consistency in measuring retaining wall height.

Existing Standard Proposed Standard
RETAINING WALL: Means a structure that
retains (holds back) for more than six inches any
material (usually earth) measured from the top
of the horizontal footing and prevents it from
sliding or eroding away.

RETAINING WALL: Means a structure that
retains (holds back) for more than six inches of
any material (usually earth) measured from top
of the horizontal footing and prevents it from
sliding or eroding away. For purpose s of
measuring the height of a retaining wall, the
exposed portion of the retaining wall shall be
measured from the lowest abutting finished
ground surface, after any grading, cut, or fill
activity. The portion of the retaining wall that is
not underground shall be considered exposed.

Portions of the wall not retaining dirt shall not
be considered a retaining wall.

b) Section 10-1-203 defines “whole house demolition” as demolition of at least 50% of existing linear walls and openings. Calculation of whole house demolition includes demolition of both interior and exterior walls and openings that have wall headers (doors and windows). Per current code, any dwelling undergoing a whole house demol ition is subject to a Single Family Development Permit planning entitlement. The proposed ZTA would amend the definition of whole house demolition include only demolition of exterior walls and ope nings of a main dwelling , and accessory structures (including garage) when attached to the main dwelling . Demolition of interior walls , as long as exterior walls are maintained, does not impact the existing mass and bulk of a house.

Limiting the calculation to exterior walls and openings only meets the intent of preserving existing mass and bulk of a house and eliminates discretionary approval for interior remodels.

Existing Standard Proposed Standard
DEMOLITION, WHOLE HOUSE: Means the
demolition of at least 50% of the total length
of all the walls. Applicant shall calculate the
linear length of all exterior and interior walls.

The calculated length should not exclude
DEMOLITION, WHOLE HOUSE: Means the
demolition of at least 50% of the total length of
all the exterior walls of a main house, including
garages and other enclosed accessory structures
that are attached to the main house . Applicant
ATTACHMENT 3-2

openings because part of the opening is a
structural header, and the walls must remain
as structural elements in the new plan.
shall calculate the linear length of all exterior
and interior walls. The calculated length should
not exclude openings because part of the
opening is a structural header, and the walls
must remain as structural elements in the new
plan.

1. Table 10-1-601 (C): Neighborhood Compatibility Review

a) The ZTA proposes elimination of the SFS DP discretionary review process and the associated design guidelines/neighborhood compatibility review. Accordingly, staff is recommending removal of Section 10 -1-601(C), that elaborates the purpose of neighborhood compatibility review.

Existing Standard Proposed Standard
An additional purpose of these regulations is to
ensure that new homes and alterations and
additions to existing homes, enhance the
character of Burbank’s residential
neighborhoods, while allowing flexibility in
design. Standards on maximum allowable
building mass and building form, coupled with a
neighborhood compatibility review
process/design guideline process, are
established to implement this goal. [Formerly
numbered Section 31-26; Renumbered by Ord.

No. 3058, eff. 2/21/87; Amended by Ord. No.
17-3,890, eff. 2/23/17; 3669.]
None

2. Table 10-1-603 (A): Property Development Standards

a) The proposed ZTA includes an increase in maximum top of the plate height for a single- family dwelling from 20 feet to 22 feet to accommodate flexibility in design for new single- family dwellings and additions to existing single -family dwellings. The measurement would continue to be taken from natural grade before grading, cut or fill activity or from finished grade after grading, cut or fill activity, whichever is lower. Allowing a 22-foot top of the plate height will enable applicants to accommodate the height of raised foundation for additions to houses that are built on raised foundation, and for construction of new homes on raised foundation. Additionally, a 22 feet top of the plate height will facilitate better design for second story additions that are built on raised foundation with an eight foot interior ceiling height. Many homes within the City are built on raised foundation, and an increase in top of the plate height will facilitate better design by enabling additions to be built on the existing raised foundation, matching the mass, bulk and design of the ATTACHMENT 3-3

existing dwelling. This update will not impact mass and bulk of new homes, as the maximum top of the roof height for a single -family dwelling is limited to 30 feet as measured from adjacent grade.

Existing Standard Proposed Standard
To top plate 20 feet To top plate 20 22 feet

b) The proposed ZTA expands the applicability of upper -story stepbacks and building plane modulations to all new single -family dwellings and all upper story additions. This update will ensure that all new homes and upper-story additions incorporate modulations in order to avoid “boxy” architecture.

Existing Standard Proposed Standard
Upper-story Stepbacks; Building Plane
Modulation

Required when project is subject to
Neighborhood Compatibility Review.

Upper-story Stepbacks; Building Plane
Modulation

Required when project is subject to
Neighborhood Compatibility Review for all new
dwellings and second story additions.

c) Reference to SFSDP process is being removed to ensure consistency with elimination of SFSDP discretionary review process proposed as a part of the ZTA.

Existing Standard Proposed Standard
Required trees for New Single Family Homes or
Homes Requiring Single Family Development
Permits -
2 trees somewhere on the property, preferably
one in the front yard. (Can be existing trees)
Required trees for New Single Family Homes or
Homes Requiring Single Family Development
Permits -
2 trees somewhere on the property, preferably
one in the front yard. (Can be existing trees)

d) Reference to SFSDP process is being removed to ensure consistency with elimination of SFSDP discretionary review process proposed as a part of the ZTA.

Existing Standard Proposed Standard

6. The maximum floor area ratio is 0.4 with
neighborhood compatibility review. Without
neighborhood compatibility review, the by-
right FAR is .35, and Section 10-1-603(D)
establishes additional regulations for the floor
area ratio. In the hillside area as defined in
Section 10-1-606(A), the floor area ratio may be
reduced through conditions placed upon a
Hillside Development Permit per Section 10-1-
606(C).

ATTACHMENT 3-4

7. The 50% maximum lot coverage may be
exceeded with approval of a Single Family
Development Permit when the lot is smaller
than 6,000 square feet.

8. On lots that have an irregular shape or a
varying width, the average lot width, as
determined by the Community Development
Director, is used to calculate the side yard
setbacks. The Director also may reduce the
interior side setback adjacent to an alley for
blank walls with no ground floor windows for
habitable rooms. The City of Burbank
Neighborhood Compatibility Review and Single
Family Design Guidelines provide additional
guidance for the interior side yard setback and
street facing side setbacks on lots over 50 feet
wide.

7. The 50% maximum lot coverage may be
exceeded with approval of a Single Family
Development Permit when the lot is smaller
than 6,000 square feet.
8 7. On lots that have an irregular shape or a
varying width, the average lot width, as
determined by the Community Development
Director, is used to calculate the side yard
setbacks. The Director also may reduce the
interior side setback adjacent to an alley for
blank walls with no ground floor windows for
habitable rooms. The City of Burbank
Neighborhood Compatibility Review and Single
Family Design Guidelines provide additional
guidance for the interior side yard setback and
street facing side setbacks on lots over 50 feet
wide.

e) Table 10-1-603(A) specifies that fences and walls along the street facing side yard shall be limited to 4 feet in height if solid. Footnote #9 for Table 10 -1-603(A) contradicts the development standard in the Table by requiring a 50% open design for fences and walls located in the street facing side yard. Staff is recommending an update to footnote #9 to maintain consistency with the development standard for fences and walls located in the street facing side yard.

Existing Standard Proposed Standard

9. In the front and street-facing side yards, any
portion of the fence exceeding two (2) feet in
height must utilize an open design except as
noted above. Open design means that for each
one-foot section of fence or wall, at least 50
percent of the surface area is open and provides
direct views through the fence or wall.

Exceptions to this standard shall be allowed for
retaining walls in hillside areas through the
Hillside Development Permit process.

98. In the front yard and street -facing side
yards, any portion of the fence exceeding two (2)
feet in height must utilize an open design except
as noted above. Open design means that for
each one-foot section of fence or wall, at least
50 percent of the surface area is open and
provides direct views through the fence or wall.

Exceptions to this standard shall be allowed for
retaining walls in hillside areas through the
Hillside Development Permit process.

3. Section 10-1-603 (B): Conformance to Approved Plans required

a) Reference to SFSDP process is bein g removed to ensure consistency with elimination of SFSDP discretionary review process proposed as a part of the ZTA.

ATTACHMENT 3-5

Existing Standard Proposed Standard

1. All plans submitted with a building
permit shall incorporate all of the project
elements reviewed as part of the
determination of neighborhood
compatibility if applicable, when issuing
the Single Family Development Permit or
Hillside Development Permit. All
construction shall comply with approved
plans that are part of the building permit
following neighborhood compatibility
review and issuance of the respective
Development Permit, unless minor
modifications or changes are approved
by the Community Development
Director.

2. When the owner or the contractor
encounters conditions in the field that
may require a modification to an
approved Single Family or Hillside
Development Permit, it shall be the
responsibility of the owner or the
contractor to cease work. Information
regarding the field conditions then must
be provided to the Planning and
Inspection staff. The Community
Development Director or his designee
must approve all proposed field
modifications. Should modifications to a
remodel result in a whole house
demolition, then all standards relating to
a new house shall apply and compliance
with the respective Development Permit
shall be required.

1. All plans submitted with a building permit
shall incorporate all of the project elements
reviewed as part of the determination of
neighborhood compatibility if applicable, when
issuing the Single Family Development Permit
or Hillside Development Permit, when
applicable. All construction shall comply with
approved plans that are part of the building
permit following neighborhood compatibility
review and issuance of the respective
Development Permit, unless minor
modifications or changes are approved by the
Community Development Director.

The Community Development Director or his
designee must approve all proposed field
modifications. Should modifications to a
remodel result in a whole house demolition,
then all standards relating to a new house shall
apply and compliance with the respective
Development Permit shall be required.

4. Section 10-1-603 (C): Height

a) For single-family dwellings with flat roof, Table 10-1-603(A) specifies that maximum permitted height to top of flat roof, parapet, and architectural features is 23 feet.

However, maximum allowed top of the flat roof height is specified as 21 feet in Section 10-1-603(C)(3). Staff is recommending amending Section 10 -1-603(C)(3) to reflect accurate maximum allowed top of the flat roof height i.e., 23 feet, consistent with information provided in Table 10-1-603(A).

ATTACHMENT 3-6

Existing Standard Proposed Standard

3. Parapets shall not exceed 30 inches in height
above the intersection of the roof surface and
the wall. A flat roof surface must be no higher
than 21 feet above grade, or 11 feet above grade
when on an accessory structure.

3. Parapets and architectural features shall not
exceed 30 inches in height above the
intersection of the roof surface and the wall. A
flat roof surface must be no higher than 21 23
feet above grade, or 11 feet above grade when
on an accessory structure.

b) The proposed ZTA restricts the maximum allowed top of the roof height for front porches at 12 feet in order to ensure that front porches are subordinate in height to the overall house, creating a sense of transition between the front yard and the interior of the home, and reducing the overall mass and bulk of the house.

Existing Standard Proposed Standard
Not addressed. Currently, front porches located
outside the front yard setback can be as high as
the main dwelling, i.e., 30 feet.

6. Top of the roof height of front porches shall
be limit ed to 12 feet as measured from the
existing ground surface of the lot, prior to any
grading, cut or fill activity, or the finished ground
surface of the lot, after any grading, cut, or fill
activity, whichever is lower.

c) Reference to SF SDP process is being removed to ensure consistency with elimination of SFSDP discretionary review process proposed as a part of the ZTA.

Existing Standard Proposed Standard

6. While modest changes in grade (not to
exceed 6 inches in non -Hillside areas, an d 12
inches in the Hillside) may result when
excavation and foundation work are carried out,
the placement of fill dirt in the front and rear
yards is not allowed in order to change the
overall grade of the property and increase the
allowable height. Applicants for building permits
requiring any grading beyond 6 inches in non -
Hillside areas, and 12 inches in the Hillside shall
be required to submit a stamped and signed pre-
demolition topographic survey, a grading plan as
part of the construction documents indicating
existing and proposed topography, and, upon
completion, a final certification from the
surveyor verifying the as -built condition. Any
changes to the existing grade must be shown on
the construction drawings and approved by the
City Building Offic ial in advance of building
6 7. While modest changes in grade (not to
exceed 6 inches in non -Hillside areas, and 12
inches in the Hillside) may result when
excavation and foundation work are carried out,
the placement of fill dirt in the front and rear
yards is not allowed in order to change the
overall grade of the property and increase the
allowable height. Applicants for building permits
requiring any grading beyond 6 inches in non -
Hillside areas, and 12 inches in the Hillside shall
be required to submit a stamped and signed pre-
demolition topographic survey, a grading plan as
part of the construction documents indicating
existing and proposed topography, and, upon
completion, a final ce rtification from the
surveyor verifying the as -built condition. Any
changes to the existing grade must be shown on
the construction drawings and approved by the
ATTACHMENT 3-7

permit issuance. Subsequent changes to the
grade shall not be approved as part of field
inspection and, instead, require resubmittal of
plan documents to the Community
Development Department for review, and, if
applicable, determ ination of neighborhood
compatibility of the proposed change in grade to
the existing grade.

City Building Official in advance of building
permit issuance. Subsequent changes to the
grade shall not be approved as part of field
inspection and, instead, require resubmittal of
plan documents to the Community
Development Department for review , and, if
applicable, determination of neighborhood
compatibility of the proposed change in grade to
the existing grade.

5. Section 10-1-603 (D): Floor Area Ratio

a) The existing code exempts the following structures from FAR: stables, corrals, tack rooms, garages - based on its location, and front porches if it meets certain criteria. The proposed update include s an FAR exemption for detached accessory structures when unenclosed on all four sides, attached patio cover and overhangs not supported by posts, trellises with uniform openings that are 50% open to sky, parking areas in basements that are already exempt from FAR per Section 0 -1-603 D.4., and up to two non- habitable accessory structures (such as a shed) under 120 square feet . Additionally, language is added to provide direction regarding implementation of the FAR exemption in the case of multiple garages. This update will codify staff’s current interpretation of the FAR exemption as it has been applied to some structures, including trellises with 50% uniform openings, detached patio covers unenclosed on all four sides, understory of balconies and overhangs that are not supported by posts, and non-habitable accessory structures under 120 square feet in area.

Existing Standard Proposed Standard

1. The floor area ratio (FAR) is calculated using
the total gross floor area of all enclosed
structures on the property, including the main
dwelling structure, accessory structures, second
dwelling units, enclosed patios, even when open
on one or more sides, and sheds; except (1)
attached garages and carports or portions
thereof up to 400 square feet if in front of the
house or within the front half of the lot and 500
feet if either attached or detached in the rear
half of the lot; and 600 feet if access to the
garage is taken from the alley; (2) front covered
porches with up to 250 square feet if open on
two sides and located on the ground floor, and
(3) stables, corrals, and tack rooms attached
thereto are not included.

1. The floor area ratio (FAR) is calculated using
the total gross floor area of all enclosed
structures on the property, including the main
dwelling structure, accessory structures, second
accessory dwelling units, enclosed patios, even
when open on one or more sides, and sheds;
except the following are excluded from the FAR
calculation, (1)(a) attached garages and carports
or portions thereof up to 400 square feet if in
front of the house or within the front half of the
lot and 500 square feet if either attached or
detached in the rear half of the lot; and 600
square feet if access to the garage is taken from
the alley; in case of multiple garages, the one
with lesser area shall be ex empt from FAR , the
exemption shall not exceed 600 square feet ;
(2)(b) front covered porches with up to 250
ATTACHMENT 3-8

square feet if open on two sides and located on
the ground floor, and (3)(c) stables, corrals, and
tack rooms attached thereto; (d ) detached
accessory structures open on all sides; (e )
attached covered patios , understory of
balconies and overhangs that are not supported
by posts; ( f) parking area of any size when
located in basement, which is exempt from FAR
as specified in sub-section 10-1-603 D. 4. ; (g) up
to two, non -habitable accessory structures
under 120 square feet each. Structures above
the quantity of two shall be included in FAR; and
(h) trellises and similar structures that have
roofs that are at least 50 percent open to the sky
with uniformly distributed openings.

b) The ZTA proposes inclusion of attic spaces with a floor surface that have a ceiling height of five feet or greater within FAR calculation. Currently, attic spaces that have a structural floor and exceed four feet in height are included within FAR calculation. This update removes the requirement for structural floor, as it is difficult to determine if an attic space includes structural floor dur ing planning review, and such a determination requires feedback from the Building and Safety Division . Furthermore, the existing code allows attic spaces with surface floor (that is not structural) and a height exceeding 4 feet, to be exempt from FAR calculation. The proposed update will count all attic spaces with surface floor (irrespective of the floor being structural) that exceeds 5 feet within the FAR calculation.

Existing Standard Proposed Standard

6. Floor area within attics that have a structural
floor and a ceiling height greater than four feet
counts toward the Floor Area Ratio.

6. Portion of fFloor area within attics that
have a structural floor with a floor surface and
a ceiling height of five feet or greater than four
feet shall counts toward the Floor Area Ratio.

c) Currently, SFSDP discretionary review process is triggered for new homes that exceed 300 square feet in size and 0.35 in FAR. In other words, currently the code allows by right approval of single-family dwellings under 0.35 FAR and 3000 square feet, if the dwelling complies with code. Diagram 10-1-603(D) shows the difference in size between a single - family dwelling with 0.35 FAR and one with 0.40 FAR, when built on similar sized lot. Staff is proposing removal of the diagram to ensure consistency with elimination of SF SDP discretionary review process proposed as a part of the ZTA.

ATTACHMENT 3-9

DIAGRAM 10-1-603(D): FAR COMPARISON
FAR = 0.35 FAR = 0.40

6. Section 10-1-603(D)(11): Floor Area Ratio Exception

a) Reference to SFSDP process is being removed to ensure consistency with elimination of SFSDP discretionary review process proposed as a part of the ZTA.

ATTACHMENT 3-10

Existing Standard Proposed Standard
iii. The additional floor area is only intended to
increase the habitability or function of the
structure.

The Planning Board hearing shall be noticed in
accordance with the requirements of the Single
Family Development Permit, and the decision
may be appealed to Council.
iii. The additional floor area is only intended
to increase the habitability or function of the
structure.

The Planning Board hearing shall be noticed in
accordance with the requirements of Section
10-1-607(A) the Single Family Development
Permit, and the decision may be appealed to
Council.

7. Section 10-1-603(E)(2): Upper story stepbacks

a) Reference to SFSDP process is being removed from Section 10-1-603(E)(1)(e) to ensure consistency with elimination of SFSDP discretionary review process proposed as a part of the ZTA.

Existing Standard Proposed Standard
e. Exceptions to these setbacks may be granted
through neighborhood compatibility review if a
project design follows the average front yard
setback on the block and otherwise complies
with the City’s Single Family Design Guidelines.

Findings for Exceptions. A setback exception
shall only be approved when the Community
Development Director or his/her designee
makes the Findings below:

1. The granting of the exception is desirable for
the preservation of an existing architectural
style or neighborhood character which would
not otherwise be accomplished through the
strict application of the provisions of this
chapter; and

2. It can be demonstrated that the design of
the proposed addition is of superior design
quality; compatible with existing neighborhood
character; effective in minimizing the perceived
size of the dwelling; not overly intrusive to the
privacy and sunlight access of neighboring
dwellings; and is in substantial compliance with
the design guidelines for single -family homes;
and

3. No other design exceptions are requested.
e. Exceptions to these setbacks may be
granted through neighborhood compatibility
review if a project design follows the average
front yard setback on the block and otherwise
complies with the City’s Single Family Design
Guidelines.

Findings for Exceptions. A setback exception
shall only be approved when the Community
Development Director or his/her designee
makes the Findings below:

1. The granting of the exception is desirable
for the preservation of an existing architectural
style or neighborhood character which would
not otherwise be accomplished through the
strict application of the provisions of this
chapter; and

the design guidelines for single-family homes;
and

3. No other design exceptions are requested.

b) Section 10-1-603(E)(2) provides details regarding side modulation standards for upper- story additions. Existing code specifies three standards for upper -story side modulations that are applicable along interior side elevations of a single -family dwelling. However, Section 10-1-603(E)(2) provides inconsistent information specifying that there are four standards. The proposed update is intended to correct the typo and reflect accurate information within Section 10-1-603(E)(2).

Existing Standard Proposed Standard

2. Side, second story. The side yard setback for
the second story must conform to one of the
following four standards.

2. Side, second story. The side yard setback
for the second story must conform to one of
the following four three standards.

8. Section 10-1-603(F): Lot Coverage:

a) Amendments are proposed to the section detailing standards on lot coverage.

Currently, the code exempts one small, non -habitable accessory structure under 120 square foot from lot coverage. Staff is recommending exemption of up to two small, non- habitable accessory structures under 120 square foot from lot coverage, consistent with the FAR section (Section 10-1-603(D)).

Existing Standard Proposed Standard

5. One small, non -habitable accessory
structure under 120 square feet. Structures
above quantity of one are to be included in lot
coverage;

5. One Two small, non -habitable accessory
structures under 120 square feet. Structures
above quantity of one two are to be included in
lot coverage;

9. Table 10-1-603 (G):

a) The proposed ZTA includes revision to Table 10-1-603(G), detailing standards for maximum encroachments by different structures to include language limiting the maximum top of the roof height for front porches to 12 feet, consistent with the changes proposed to Section 10-1-603(C).

Existing Standard Proposed Standard
Porches including their eaves

4 feet in the front yard for porches with a 5-foot
minimum clear horizontal dimension. The
Porches including their eaves

4 feet in the front yard for front porches with a
5-foot minimum clear horizontal dimension. The
ATTACHMENT 3-12

maximum height to the top of ceiling in the
porch structure shall be no more than 12 feet.
maximum height to the top of ceiling roof in for
the front porch structure shall be no more than
12 feet.

b) “Porte-cochère” is misspelled within the code. Updates are proposed to incorporate correct spelling of porte-cochere within the code.

Existing Standard Proposed Standard
Portes-cochere attached to the interior side of a
building may encroach into the interior side yard
setback area up to the maximum specified for a
maximum length of 20 feet as measured parallel
to the property line. The maximum height to the
top of a porte-cochere shall be no more than 14
feet in height; the maximum length of a porte -
cochere shall be no more tha n 20 feet. (See
Diagram 10-1-603(G)(2)(B).

9. Portes-cochere Porte-cochère attached to
the interior side of a building may encroach
into the interior side yard setback area up to
the maximum specified for a maximum length
of 20 feet as measured parallel to the property
line. The maximum height to the top of a porte-
cochere shall be no more than 14 feet in height;
the maximum length of a porte-cochere shall
be no more than 20 feet. (See Diagram 10-1-
603(G)(2)(B).

10. Diagram 10-1-603(G)(3): Lots

a) The proposed ZTA includes revision to diagram 10-1-603(G)(3) illustrating different types of lots based on their orientation to correct an error. A reverse corner lot is defined as “a corner lot, the rear lot line of which abuts upon the side lot line of another lot”, and the diagram incorrectly labels a reverse corner lot as a corner lot . Changes proposed to the diagram is indicated in red in the figure below.

11. Section 10-1-603(G)(5): Additional Requirements. The following requirements apply to all front yards and street-facing side yards:

Reverse Corner

ATTACHMENT 3-13

a) Staff is recommending update s to the development standard for maximum width of driveways within front yard setback area when a garage is located to the rear of the main dwelling. Currently, the maximum width of driveways within front yard setback area is limited to 12 feet for properties where the garage is located to the rear of the main dwelling. With this update staff is recommending a 20 feet limit for driveway width within front yard setback area, provided the percentage of hardscaping in the front yard setback area does not exceed 45% . This update is being proposed to accommodate off- street parking within driveways, resulting from increase in construction of new ADUs and conversion of garages to ADUs. This requirement applies only to garages that are located to the rear of main dwelling. In the case of front- facing garages that are attached to the front façade of a main dwelling, driveways can be as wide as the width of the garage door.

This update does not alter the primary use of a driveway, that is to provide shortest and most direct route to a garage or other required parking area.

Existing Standard Proposed Standard
b. The allowed hardscaping is limited to a
driveway leading directly from a public street or
alley to a garage or other required parking area,
pedestrian pathways, and encroachments
specifically permitted in Table 10 -1-603(G).

Within the required front yard setback area,
driveways must be no wider than 12 f eet when
the garage is located to the rear of the main
dwelling structure. The maximum width of
driveways at a curb shall be no more than 25
percent of the lot width with no single driveway
exceeding 15 feet in width. Circular drives are
permitted on lots 100 feet or more in width
provided the City’s landscaping standards are
met for a lot fronting on a major or secondary
arterial street for the purpose of complying with
Section 10-1-1403.
b. The allowed hardscaping is limited to a
driveway leading directly from a public street or
alley to a garage or other required parking area,
pedestrian pathways, and encroachments
specifically permitted in Table 10 -1-603(G).

Within the required front yard setback area,
driveways must be no wider than 12 20 feet
when the garage is located to the rear of the
main dwelling structure, provided the
percentage of hardscaping is limited to 45%. The
maximum width of driveways at a curb shall be
no more than 25 percent of the lot width with
no single driveway exceeding 15 feet in width.

Circular drives are permitted on lots 100 feet or
more in width provided the City’s landscaping
standards are met for a lot fronting on a major
or secondary arterial street for t he purpose of
complying with Section 10-1-1403.

b) The ZTA proposes an amendment to include the requirement to provide a landscape buffer between the driveway and pedestrian pathway to eliminate a continuous hardscaped surface within front setback area. Additionally, language has been included to differentiate driveway from pedestrian pathway by incorporating different surface material, making it easy to identify the width of a driveway. Furthermore, with this update, the final design of a driveway and hardscaping in the front yard setback area will be subject to approval by Community Development Director or his/her designee.

Existing Standard Proposed Standard
ATTACHMENT 3-14

c. No hardscaping is permitted next to a
driveway so as to provide a continuous
hardscaped surface greater than the allowed
driveway width unless the hardscaping is
providing direct pedestrian access to the main
dwelling.
c. No hardsc aping is permitted next to a
driveway so as to provide a continuous
hardscaped surface greater than the allowed
driveway width unless the hardscaping is
providing direct pedestrian access to the main
dwelling. When a pedestrian pathway is
provided, a landscape buffer shall be installed to
separate the pedestrian pathway from the
driveway. Pedestrian pathway shall be
differentiated from the driveway by
incorporating different surface material. Final
design of dri veway, pedestrian pathway, and
percentage of landscaping in the front yard is
subject to approval by Community Development
Director or his/her designee.

12. Section 10-1-603(H) (1): Fences, Walls, Hedges and other Yard Features

a) The ZTA proposes updates to fences, walls, and hedges section for non-hillside lots, by incorporating language that specifies a reference grade for measurement of height for fences, walls, and hedges. The existing code states that height of walls, fences, or hedges are measured from lowest abutting ground surface of the property upon which it is located. The existing code does not clarify if the height should be measured from natural grade before grading, cut, or fill activity or finished grade after grading, cut, or fill activity.

The proposed update will require height of wall/fence or hedge to be measured either from natural grade before grading, cut, or fill activity or finished grade after grading, cut, or fill activity, whichever is lower. The intent of the update is to prevent situations where fences or walls exceed the maximum allowed height limit by being built on artificially raised grade . The proposed ZTA also incudes language to allow two gates along a wall/fence located within front yard setback, to accommodate pedestrian access, and access for vehicles if applicable . Currently, code allows only one gate in the front yard setback area. The standard pertaining to maximum height of a fence constructed on top of a retaining wall that is currently contained within “Retaining Walls” section (10 -1- 603(H) (3)) has been moved to the “Fences, Walls, Hedges and other Yard Features” section (10-1-603(H) (1)). Other changes include addition of standard regulating maximum width of pilasters within a fence in the front yard setback to 18 inches , and exclusion of pilasters from the 50% open design calculation requirement. Currently, the code does not provide standards for pilasters.

Existing Standard Proposed Standard
a. Fences, walls, and hedges shall not be
composed, in whole or part, of dangerous wire
types including, but not limited to: razor wire,
a. Fences, walls, and hedges shall not be
composed, in whole or part, of dangerous wire
types including, but not limited to: razor wire,
ATTACHMENT 3-15

barbed wire, electric wire, or any other similar
wire type that may pose serious risk of injury.

b. New chain link fences are prohibited in front
yards and street facing side yards after February
23, 2017.

c. The maximum allowed height of fences,
walls, and hedges is as specified in Table 10 -1-
603(A).

d. Only one fence with a gate is allowed in the
front yar d setback, and it must be 50 percent
open. It may be combined with a retaining wall.

The maximum height of the fence in the front
yard setback is four (4) feet. If a fence is added
above a retaining wall, the masonry or solid
portion of the wall is limited to two (2) feet in
height.

e. Only one wall is allowed in the front yard
setback, including the front edge of the
property.

f. The height of a fence, wall, or hedge is
measured from the lowest abutting ground
surface of the property upon which the fence,
wall, or hedge is located.

g. On sloped surfaces, portions of a fence, wall,
or hedge may exceed the maximum height for
the purpose of providing a stair step-design, but
each stair -step section, as measured from the
horizontal midpoint, shall n ot exceed the
maximum height.

h. Within a required street -facing side yard
(other than a reverse corner lot), fences, walls,
and hedges are limited to six (6) feet, except for
that portion of the street -facing side yard
between the rear of the main dwelling structure
and the rear property line, the maximum
allowed height of a fence, wall, or hedge is eight
(8) feet. On a reverse corner lot, fences, walls,
and hedges within the street-facing side yard are
subject to the same height limits as apply in the
front yard.

i. The only decorative element allowed on top
of fences, walls, and hedges in front and street
barbed wire, electric wire, or any other similar
wire type that may pose serious risk of injury.

b. New chain link fences are prohibited in
front yards and street facing side yards after
February 23, 2017.

c. The maximum allowed height of fences,
walls, and hedges is as specified in Table 10-1-
603(A).

d. Only one fence with a gate is allowed in the
front yard setback, and it must be 50 percent
open. It may be combined with a retaining wall.

The maximum height of the fence in the front
yard setback is four (4) feet. If a fence is added
above a retaining wall, the masonry or solid
portion of the wall is limited to two (2) feet in
height. Fence in the front yard setback area can
have up to two gates, and the gates must be 50
percent open and comply with the height
requirements specified in Table 10-1-603(A).

e. Only one wall/fence, inclusive of any
openings for access, is allowed in the front yard
setback, including the front edge of the
property.

f. Fence in the front yard setback may be
combined with a retaining wall. The maximum
height of a fence in combination with a
retaining wall in the front yard setback area
shall not exceed 4 feet, as measured from
abutting natural grade, prior to any grading,
cut, or fill activity, or abutting finished grade,
after any grading, cut, or fill activity, whichever
is lower, and the fence must be 50 percent
open.

f g. The height of a fence, wall, or hedge is
measured from the lowest abutting ground
surface abutting natural grade, prior to any
grading, cut, or fill activity, or abutting finished
grade, after any grading, cut, or fill activity,
whichever is lower of the property upon which
the fence, wall, or hedge is located.

g h. On sloped surfaces, portions of a fence,
wall, or hedge may exceed the maximum height
for the purpose of providing a stair step-design,
ATTACHMENT 3-16

side yards is lighting, which may exceed the
maximum allowed height for fences, walls, and
hedges up to 18 inches above the actual height
of the fence, wall, or hedge or up to a maximum
height limit of five (5) feet, six (6) inches. In all
other yards, lighting and ornamentation shall
not exceed the maximum allowed height for
fences, walls, and hedges. Pilasters shall be
located at least eight (8) feet from each other, as
measured from the center of the pilaster.

j. All fences, walls, and hedges must comply
with the corner cutoff provisions of Section 10 -
1-1303.

k. Gates are subject to the same requirements
as fences and walls.

l. All walls in the front yard setback or street
facing side yard must be finished with plaster,
stucco, or brick or other similar materials.

Materials must be consistent for all walls.

m. Enforcement of nonconforming fences and
walls established prior to October 17, 2008 may
be subject to abeyance pursuant to Section 10 -
1-19202.

n. If a wall or fence was legal (built pursuant to
then existing codes) prior to February 23, 2017,
the wall or fence shall not be subject to these
standards.
but each stair-step section, as measured from
the horizontal midpoint, shall not exceed the
maximum height.

h i. Within a required street-facing side yard
(other than a reverse corner lot), fences, walls,
and hedges are limited to six (6) feet, except for
that portion of the street-facing side yard
between the rear of the main dwelling
structure and the rear property line, the
maximum allowed height of a fence, wall, or
hedge is eight (8) feet. On a reverse corner lot,
fences, walls, and hedges within the street-
facing side yard are subject to the same height
limits as apply in the front yard.

i j. The only decorative element allowed on
top of fences, walls, and hedges in front and
street side yards is lighting, which may exceed
the maximum allowed height for fences, walls,
and hedges up to 18 inches above the actual
height of the fence, wall, or hedge or up to a
maximum height limit of five (5) feet, six (6)
inches. In all other yards, lighting and
ornamentation shall not exceed the maximum
allowed height for fences, walls, and hedges.

Pilasters shall be located at least eight (8) feet
from each other, as measured from the center
of the pilaster. The maximum width of each
pilaster shall be 18 inches. The area of the
pilasters is exempt from the 50% open design
calculation.

j k. All fences, walls, and hedges must comply
with the corner cutoff provisions of Section 10-
1-1303.

k l. Gates are subject to the same
requirements as fences and walls.

l m. All walls in the front yard setback or
street facing side yard must be finished with
plaster, stucco, or brick or other similar
materials. Materials must be consistent for all
walls.

m n. Enforcement of nonconforming fences
and walls established prior to October 17, 2008
may be subject to abeyance pursuant to
Section 10-1-19202.

ATTACHMENT 3-17

n o. If a wall or fence was legal (built pursuant
to then existing codes) prior to February 23,
2017, the wall or fence shall not be subject to
these standards.

13. Section 10-1-603(H) (3): Retaining Walls

a) The ZTA proposes updates to allow up to two retaining walls within the front setback area for non -hillside lots. Currently, the code allows only one retaining wall within the front setback area. This update will provide flexibility to accommodate unique s lope conditions for non- hillside lots by allowing an additional retaining wall. Allowing an additional retaining wall is not anticipated to lead to proliferation of retaining walls within front yard setback of non- hillside lots because of limitations on height of retaining walls located within 15 feet of sidewalk and the separation requirement between two retaining walls.

Additionally, language has been incorporated to specify a refence grade for measuring height of retaining walls located outside of the 1 5 feet setback as measured from the sidewalk/public right- of-way. Currently, the code does not provide details regarding reference grade for measurement of height of retaining walls located outside the 15 feet setback area, as measured from the sidewalk/public right- of-way. R etaining walls are measured the same way as regular walls. i.e., from the finished grade of the property.

With this update, height of the exposed portion of retaining wall will be measured from finished grade after grading/cut/fill activity. This update facilitates consistency in measuring retaining wall height irrespective of the amount of grading. Existing regulation requiring retaining walls within 15 feet of a sidewalk to be measured from the sidewalk elevation will be maintained. Staff is proposing additional language that clarifies that in absence of sidewalks, the height of retaining walls along front or street facing side yard shall be measured from the elevation of public right-of-way. This requirement is proposed to discourage tall retaining walls that are visible from public right-of-way, in absence of a sidewalk.

In addition to above changes, the ZTA proposes to remove development standards pertaining to maximum cumulative height requirement for retaining walls, because currently the code does not provide any details/method s for measuring cumulative height. Due to lack of a methodology and clarity regarding definition of cumulative height for retaining walls, there has been a lack of consistency in application of the cumulative ATTACHMENT 3-18

height development standard. Removing cumulative height standard will address the existing ambiguity withing the code section.

Additionally, current code prohibits construction of walls on top of retaining walls within front yard setbacks. The proposed update adds language within the current code to prohibit construction of walls on top of r etaining walls within street facing side yard setbacks as well. This requirement has been included to prevent construction of fortress like walls along street facing side yards . Other proposed updates include permitting replacement of damaged legal non -conforming retaining walls to previous height and location if a City official determines it to be unsafe. This update has been include d to provide flexibility to rebuild legal retaining walls to previous permitted height.

Existing Standard Proposed Standard
a. Retaining walls located within front yard areas
are limited to a maximum height of 30 inches in
height, and must be setback 18 inches from the
sidewalk with a planting buffer strip provided
between the wall and the sidewalk. Only one
retaining wall is allowed in the front yard setback,
including a wall at the front edge of the property.

b. Other retaining walls shall not exceed four (4)
feet in height, and the cumulative height of all
retaining walls on a lot (existing, new, replacement
or any combination) shall not exceed eight (8) feet.

c. Retaining wall height shall be measured from
the street side, not to the inside of the wall and
facing the house. Within 15 feet of a sidewalk,
retaining wall height shall be measured from the
sidewalk elevation.

d. Fences or hedges that are placed above a
retaining wall within a front yard are limited to a
maximum height of four (4) feet from the abutting
ground surface prior to grading. Walls shall not be
placed above retaining walls.

e. Additional walls must be setback a distance
equivalent to twice the height of the retaining wall
below as measured from the face of the retaining
wall below.

f. Nonconforming retaining walls established
prior to October 17, 2008, may be subject t o
abeyance pursuant to Section 10-1-19202.

a. Retaining walls located within front yard
setback areas are limited to a maximum height
of 30 inches in height, and must be setback 18
inches from the sidewalk with a planting buffer
strip provided between the wall and the
sidewalk. Only one retaining wall is allowed in
the front yard setback, including a wall at the
front edge of the property. Only two (2)
retaining walls are allowed in the front yard
setback.
b. Exposed retaining wall height shall be
measured from lowest abutting finished ground
surface, after any grading, cut, or fill activity.

Within 15 feet of a sidewalk, retaining wall
height shall be measured from the sidewalk
elevation. For streets with no sidewalk, retaining
wall height shall be measured from the public
right-of-way elevation.
b c. Other exposed retaining walls, located
outside the front yard setback area, shall not
exceed four (4) feet in height as measured from
lowest abutting finished ground surface, after
any grading, cut, or fill activity. and the
cumulative height of all retaining walls on a lot
(existing, new, replacement or any combination)
shall not exceed eight (8) feet.
c. Retaining wall height shall be measured from
the street side, not to the inside of the wall and
facing the house. Within 15 feet of a sidewalk,
retaining wall height shall be measured from the
sidewalk elevation.
d. Fences or hedges that are placed above a
retaining wall within a front yard are limited to a
maximum height of four (4) feet from the
ATTACHMENT 3-19

g. If a retaining wall was legal (built pursuant to
then existing codes) prior to February 23, 2017, the
wall shall not be subject to these standards.

abutting ground surface prior to grading. Walls
shall not be placed above retaining walls within
the front yard setback and street facing side yard
setback.
e. Additional retaining walls must be setback a
distance equivalent to twice the height of the
exposed retaining wall below as measured from
the face of the retaining wall below lowest
abutting finished ground surface, after any
grading, cut, or fill activity.
f. Nonconforming retaining walls established
prior to October 17, 2008, may be subject to
abeyance pursuant to Section 10-1-19202.
g. If a retaining wall was legal (built pursuant to
then existing codes) prior to February 23, 2017,
the wall shall not be subject to these standards.
h. Damaged legal non-conforming retaining walls
that require strengthening or restoring to a safe
condition, as determined by any City official
charged with protecting the public health or
safety, can be replaced to previous height and
location upon order of such official.

DIAGRAM 10 -1-603(H)(3)(D): RETAINING WALL

HEIGHT WITHIN FRONT YARD

DIAGRAM 10 -1-603(H)(3)(D): RETAINING WALL

HEIGHT WITHIN FRONT YARD

b) Updates have been proposed to the “Exceptions” sub-section contained within Section 10-1-603(H) of BMC. Currently, code does not allow exceptions to development standards pertaining to retaining walls for lots that are not located within the hillside area. T his update would allow exceptions to maximum height and separation requirement for retaining walls located outside the front setback area will be permitted with an approval of Minor/Major Fence Exception Permit, to provide flexibility for lots that may have unique slope conditions. Additionally, language prohibiting exceptions from height and

ATTACHMENT 3-20

separation requirement for retaining walls located within the front yard setback has been included. Furthermore, language detailing specifics regarding Minor/Major Fence Exception Permit has been replaced by the code section pertaining to regulations on Minor/Major Fence Exception Permit to present the information concisely.

Existing Standard Proposed Standard

4. Exceptions. Exceptions from the
requirements of this Subsection (H) (including
the applicable requirements of Section 10 -1-
1303 referenced herein) may be granted
through approval of a fence exception permit as
follows.

a. Any exceptions from the requirements of
this Subsection (H) to allow a fence, wall, hedge,
or other yard feature with a height of six (6) feet
or less as measured from the abutting ground
surface prior to grading may be granted through
approval of a Minor Fence Exception Permit per
Section 10-1-19200.

b. Any exceptions from the requirements of
this Subsection (H) to allow a fence, wall, hedge,
or other yard feature with a height of greater
than six (6) feet as measured from the abutting
ground surface prior to grading may be granted
through approval of a Major Fence Exception
Permit per Section 10-1-19201.

c. Any exceptions from the requirements of this
Subsection to allow additional fences or walls or
such fences of walls with a height greater than
otherwise permitted in the Hillside may be
granted through approval of a Hillside
Development Permit per Section 10-1-606.

d. No exception shall be granted for the
maximum height or cumulative height of a
retaining wall.

4. Exceptions. Exceptions from the
requirements of this Subsection (H) (including
maximum height, separation, and number of
walls, fences, hedges, gates, and retaining walls,
and the applicable requirements of Section 10-
1-1303 referenced herein) may be granted
through approval of a fence exception permit as
specified in Article 19, Division 11 : Fence
Exception Permits and Enforcement follows. No
exceptions shall be granted for development
standards for retaining walls located within the
front yard setback area.
a. Any exceptions from the requirements of
this Subsection (H) to allow a fence, wall, hedge,
or other yard feature with a height of six (6) feet
or less as measured from the abutting ground
surface prior to grading may be granted through
approval of a Minor Fence Exception Permit per
Section 10-1-19200.
b. Any exceptions from the requirements of
this Subsection (H) to allow a fence, wall, hedge,
or other y ard feature with a height of greater
than six (6) feet as measured from the abutting
ground surface prior to grading may be granted
through approval of a Major Fence Exception
Permit per Section 10-1-19201.
c. Any exceptions from the requirements of
this Subsection to allow additional fences or
walls or such fences of walls with a height
greater than otherwise permitted in the Hillside
may be granted through approval of a Hillside
Development Permit per Section 10-1-606.
d. No exception shall be granted for the
maximum height or cumulative height of a
retaining wall.

14. Section 10-1-603(I): Parking and Driveways

a) The ZTA proposes amends the code section that details situations wherein existing non- conforming off-street parking for a property is required to provide code-compliant ATTACHMENT 3-21

parking. One of the triggers for updating non- conforming off-street parking pertains to voluntary demolition of existing house to an extent more than 50% of its replacement cost. The ZTA proposes to update ‘replacement cost’ to ‘whole house demolition’ which is defined as demolition of more than 50% of exterior linear walls and openings of a main house. This update has been recommended because determination of replacement cost requires input from Building and Safety Division and often times it is challenging to verify the accuracy of the cost provided by an applicant. Calculation of percentage of demolition of exterior linear walls and openings of a main dwelling is straightforward and removes any ambiguity related to computation of replacement cost. The other updates to the code section pertains to editing existing text contained in the code section for clarity, to enable consistent application of the code section.

Existing Standard Proposed Standard

4. Existing off -street parking must be
maintained consistent with Subsection (3)
except in the following situations, where the
parking otherwise required by this Section must
be provided:

a. An addition to the existing dwelling structure
results in a total gross floor area of more than
3,400 square feet.

b. The existing dwelling structure is voluntarily
demolished to an extent more than 50 percent
of its replacement cost, whether or not the
garage or carport structure is demolished.

i. For purposes of establishing the replacement
cost, the appl icant must refer to the
International Code Council per square foot
valuation table. Any deviations from this
calculation must be based on an actual cost
breakdown provided by the contractor on
letterhead and signed by the contractor.

c. The existing garage or carport is demolished
or destroyed including but not limited to
destruction by an act of God or by fire, removed,
relocated, or rebuilt.

4. Existing off -street parking must be
maintained consistent with Subsection (3).
except In the following si tuations, where the
parking otherwise required by this Section must
be provided:
a. An addition to the existing main dwelling
structure that results in a total gross floor area,
as defined in Section 10 -1-203 of BMC, of more
than 3,400 square feet, excl usive of attached
garages and detached accessory structures.
b. Whole house demolition of The existing
dwelling structure is voluntarily demolished to
an extent more than 50 percent of its
replacement cost, whether or not the garage or
carport structure is demolished. This
requirement shall apply for detached and
attached garages.
i. For purposes of establishing the replacement
cost, the applicant must refer to the
International Code Council per square f oot
valuation table. Any deviations from this
calculation must be based on an actual cost
breakdown provided by the contractor on
letterhead and signed by the contractor.
c. The existing garage or carport is demolished
or destroyed including but not lim ited to
destruction by an act of God or by fire, removed,
relocated, or rebuilt.

b) Updates are being proposed to remove redundant language within the code section on parking and driveways. This update does not amend existing standards on width of ATTACHMENT 3-22

driveways at curb cut, which is limited to 15 feet. Instead, this update is intended to bring clarity by providing information in a consistent way. This update is consistent with the information provided in Section 10-1-603(G)(5) and Diagram 10-1-603(I) of BMC.

Existing Standard Proposed Standard

7. Where a garage is located under a single
family home, the width of the curb cut for the
driveway shall not exceed 15 feet.

7. Where a garage is located under a single
family home, the width of the curb cut for the
driveway shall not exceed 15 feet. The
maximum width of driveways at a curb shall be
no more than 25 percent of the lot width with
no single driveway exceeding 15 feet in width.

15. Section 10-1-603 (L): Trees

a) Reference to SFSDP process is being removed to ensure consistency with elimination of SFSDP discretionary review process proposed as a part of the ZTA.

Existing Standard Proposed Standard
When applying for a Hillside Development
Permit or a Single Family Development Permit,
two trees are required to be planted preferably
in the front yard and rear yard if there are none
on the property. Required trees shall be a
minimum 15 -gallon in size. Anywhere that
individual tree is planted in a space surrounded
by pavement, the planting area shall have a
minimum interior dimension of five square feet.

This requirement may be modified if an
alternative landscape plan is approved by the
Community Development Director or his/her
designee. Additional trees, including side yard
trees, may be required as a condition of permit
approval on lots greater th an 10,000 square
feet. [Amended by Ord. No. 18 -3,901, eff.
4/13/18; 17 -3,890; 3774; Added by Ord. No.
3774, eff. 12/08/09; Formerly numbered Section
31-28; 3750; 3748; 3690, 3688, 3669, 3622,
3535, 3399, 3259, 3255, 3058, 2922, 2912, 2725,
2640, 2616, 2387, 2356, 2183.]
When applying for a Hillside Development
Permit or a Single Family Development Permit,
two trees are required to be planted preferably
in the front yard and rear yard if there are none
on the property. Required trees shall be a
minimum 15-gallon in size. Anywhere that
individual tree is planted in a space surrounded
by pavement, the planting area shall have a
minimum interior dimension of five square
feet. This requirement may be modified if an
alternative landscape plan is approved by the
Community Development Director or his/her
designee. Additional trees, including side yard
trees, may be required as a condition of permit
approval on lots greater than 10,000 square
feet. [Amended by Ord. No. 18-3,901, eff.
4/13/18; 17-3,890; 3774; Added by Ord. No.
3774, eff. 12/08/09; Formerly numbered
Section 31-28; 3750; 3748; 3690, 3688, 3669,
3622, 3535, 3399, 3259, 3255, 3058, 2922,
2912, 2725, 2640, 2616, 2387, 2356, 2183.]

ATTACHMENT 3-23

16. Section 10-1-603 (M): Design Standards

a) Staff is recommending inclusion of objective design standards for additions, remodels, and new construction of single-family dwellings. Currently, the code does not require additions, remodels, and construction of new single -family dwellings that are exempt from SFS DP discretionary approval to comply with design guidelines requirements, including upper -story modulations . Furthermore, elimination of SFS DP discretionary review process as proposed will result in absence of design related guidelines for all single-family residential projects, resulting in new dwellings with boxy architecture and additions/remodels that do not match the existing design and s cale of a dwelling .

Standards regulating front entrance orientation, upper story modulations, screening for privacy, and provision of windows along street facing facades for all new additions, remodels, and construction of single-family dwellings are being proposed to regulate the mass and bulk of all single -family residential development projects in lieu of SF SDP discretionary review process.

Existing Standard Proposed Standard
Not addressed M. DESIGN STANDARDS

1. All new residential construction and/or
expansion or remodeling work that alters the
entrance of a dwelling shall comply with the
following design elements:
a. Entry porches, when provided, shall
be at least 5 feet wide and 4 feet
deep.
b. Front entrie s and doors shall be
located along the street facing façade
of a main dwelling.

2. For all new residential construction or
remodeling and/or addition to a single family
dwelling, that includes alteration of exterior
facades, at least 20% of the area of eac h
street-facing façade shall be windows or
entrance doors. Garage doors shall not be
included in 20% calculation. Window area is
considered the entire area within the outer
window frame, including any interior window
grid. Door area is considered the porti on of
the door that moves. Door frames do not
count toward this standard.

ATTACHMENT 3-24

3. A two -story project design shall provide
screening in the form of trees, shrubs, fence
and/or hedges that meet the City height
requirements along the shared property lines
for the full length of a single -family dwelling
being developed , if any portion of the
proposed upper story addition is located
within 15 feet of the shared property lines.

4. Upper story square footage of a dwelling
shall be limited to 85% of the first story gross
square footage.

5. When exterior lighting is incorporated, it
shall be designed so as to avoid glare and light
spill over onto adjoining and adjacent
residences and public right of way.

6. Following materials are prohibited:
a. Barred windows
b. Use of unfinished cinder -block or
concrete blocks for building façade or
fences.
c. roofing materials with a reflective
surface that produces glare
siding with a reflective surface that produces
glare

17. Section 10-1-606(F): Fences, Walls, Hedges and Screening in the Hillside Area

a) Staff is recommending updates to remove redundant language from the existing development standards for fences, walls, hedges, and retaining walls in the hillside area.

The proposed updates do not modify existing development standards pertaining to height and separation requirement for retaining walls, regular walls, fences, and hedges in the hillside area . Updates are proposed to this section to maintain consistency with the amendments proposed to Section 10-1-603(H)(3), including updates to maximum number of retaining walls within front yard setback area, maximum cumulative height requirement for retaining walls, and refence grade for measurement of height of retaining walls. Consistent with changes discussed under Section 10 -1-603(H)(3), staff is recommending to allow two retaining walls by -right in the front yard setback area of hillside lots, and removal of development standard pertaining to maximum cumulative height for retaining wa lls. Additionally, changes have been proposed to specify refence ATTACHMENT 3-25

grade for measurement of height of retaining walls, consistent with the changes proposed under Section 10-1-603(H)(3).

Additionally, Staff is also recommending removal of a Minor or Major Fe nce Exception Permit for construction of regular block walls, fences, and hedges outside of the front setback area. This update is intended to remove requirement of discretionary permit for construction of code -compliant walls, fences, and hedges, located outside the front setback area. Other proposed updates include requirement of a Minor or Major Fence Exception permit to allow exceptions from the code-required development standards for walls, fences, and hedges pursuant to Article 19, Division 11 of BMC. Any exception from the development standard of retaining walls is subject to approval of a Hillside Development Permit.

Existing Standard Proposed Standard

1. Fences and walls in the front setback area
are limited to four (4) feet in height. Any portion
of the fence or wall exceeding two (2) feet in
height must utilize an open design. Open design
is defined as follows: for any one (1)-foot section
of fence or wall, at least 50 percent of the
surface area is open and provides direct views
though the fence or wall. Hedges in front and
street side setbacks are limited to four (4) feet in
height.

2. The minimum horizontal distance between
two retaining walls is eight (8) feet, but may be
reduced to six (6) feet with Community
Development Director’s or his/her designee’s
approval to accommodate unique slope
conditions existing prior to development or
grading for development, provided the
cumulative height within a required front
setback area with this red uced separation does
not exceed six (6) feet.

3. For all other fences, walls, and hedges
regardless of their height, a Minor or Major
Fence Exception Permit is required prior to
construction. Fences, walls, and hedges must
comply with Sections 10 -1-19200 and 10 -1-
19201, except that

a. A Minor Fence Exception Permit is required
for fences and walls up to eight (8) feet in height
and a Major Fence Exception Permit is required
for fences and walls in excess of eight (8) feet.

1. Fences and walls in the hillside area must
comply with the height requirements specified
in Table 10-1-603(A). front setback area are
limited to four (4) feet in height. Any portion of
the fence or wall exceeding two (2) feet in
height must utilize an open design. Open design
is defined as follows: for any one (1)-foot
section of fence or wall, at least 50 percent of
the surface area is open and provides direct
views though the fence or wall. Hedges in front
and street side setbacks are limited to four (4)
feet in height.

2. Within the front yard setback, any portion of
the fence or wall exceeding two (2) feet in
height must utilize an open design. Open design
is defined as follows: for any one (1)-foot
section of fence or wall, at least 50 percent of
the surface area is open and provides direct
views though the fence or wall.

3. Only two (2) retaining walls are allowed in
the front yard setback area.
2 4. The minimum horizontal distance
between two retaining walls is eight (8) feet,
but may be reduced to six (6) feet with
Community Development Director’s or his/her
designee’s approval to accommodate unique
slope conditions existing prior to development
or grading for development, provided the
cumulative height within a required front
setback area with this reduced separation does
not exceed six (6) feet.

3. For all other fences, walls, and hedges
regardless of their height, a Minor or Major
Fence Exception Permit is required prior to
ATTACHMENT 3-26

b. A Minor Fence Exception Permit is subject to
the same public noticing requirement and
findings as the Major Fence Exception Permit.

c. The Fence Exception Permit may be issued
as part of the Hillside Development Permit when
such a permit is required.

d. No exception shall be granted for maximum
retaining wall height or cumulative height or for
the required minimum separation for retaining
walls.

4. All retaining walls facing downslope areas
must be screened with vegetation, and a
minimum 18 -inch wide planting strip provided
along a front or street side-facing lot line.

5. Conditions may be placed on a Hillside
Development Permit per Section 10 -1-607 that
require retaining walls to be shortened, broken
into multiple shorter walls, stepped up or down
a hillside, or otherwise modified.

6. Fences and walls may be required to be
shorter by conditions placed upon a Hillside
Development Permit.

7. Areas under enclosed structures must be
enclosed or skirted with permanent walls. All
such enclosure or skirt walls and all other
structure walls facing downslope areas must
provide aesthetic relief through windows,
variation in texture, or similar methods
approved by the Director or his/her designee
and must be screened by vegetation.
construction. Fences, walls, and hedges must
comply with Sections 10-1-19200 and 10-1-
19201, except that
a. A Minor Fence Exception Permit is required
for fences and walls up to eight (8) feet in
height and a Major Fence Exception Permit is
required for fences and walls in excess of eight
(8) feet.
b. A Minor Fence Exception Permit is subject
to the same public noticing requirement and
findings as the Major Fence Exception Permit.
c. The Fence Exception Permit may be issued
as part of the Hillside Development Permit
when such a permit is required.
d. No exception shall be granted for maximum
retaining wall height or cumulative height or for
the required minimum separation for retaining
walls.
4 5. All retaining walls facing downslope areas
must be screened with vegetation, and a
minimum 18-inch wide planting strip provided
along a front or street side-facing lot line.

6. Exceptions to the standards of height,
separation, and number of walls, fences,
hedges, gates, and the applicable requirements
of Section 10-1-1303, may be granted through
approval of a fence exception permit as
specified in Article 19, Division 11: Fence
Exception Permits and Enforcement.

7. Exception to the standards of retaining walls
in the Hillside area can be granted by the
Director or his/her designee with the approval
of a Hillside Development Permit to
accommodate unique slope conditions existing
prior to development or grading for
development.
5 8. Conditions may be placed on a Hillside
Development Permit per Section 10-1-607 that
require retaining walls to be shortened, broken
into multiple shorter walls, stepped up or down
a hillside, or otherwise modified.
6 9. Fences and walls may be required to be
shorter by conditions placed upon a Hillside
Development Permit, and Minor/Major Fence
Exception Permit.
7 10. Areas under enclosed structures must
be enclosed or skirted with permanent walls.

All such enclosure or skirt walls and all other
structure walls facing downslope areas must
provide aesthetic relief through windows,
ATTACHMENT 3-27

variation in texture, or similar methods
approved by the Director or his/her designee
and must be screened by vegetation.

18. Section 10-1-606(H): Approval Process
a) The ZTA proposes updates to remove the requirement for discretionary approval f or pools and spas that are proposed on flat portions of a lot located in the hillside area of the City. A flat ground surface is defined to have a slope of less than 5%. This update will allow over-the-counter approval for pools and spas located in flat portions of a hillside lot, for those that do not require grading beyond the grading work required for constructing a pool/spa. A pplicants will be required to provide a topographic map indicating slope of the flat portion of a hillside lot to show co mpliance with the 5% slope requirement.

Existing Standard Proposed Standard
Approval of a Hillside Development Permit per
Section 10 -1-607(D) is required prior to the
issuance of grading or building permits for the
main dwelling structure or any other structure
when any of the following criteria is applicable.

Approval of a Hillside Development Permit per
Section 10-1-607(D) is required prior to the
issuance of grading or building permits for the
main dwelling structure or any other structure
when any of the follow ing criteria is applicable.

A Hillside Development Permit is required
whether the criteria apply to construction of a
new structure or to modifications that increase
the square footage or height of an existing
structure or otherwise alter the footprint,
volume, mass, or dimensions of an existing
structure. Grading for construction of a pool
and/or a spa on a flat portion of a lot with a slope
less than 5% shall be exempt from HDP.

19. Section 10-1-607(C): Single Family Development Permit a) The ZTA proposes elimination of Single Family Development Permit (SFS DP). Staff is proposing removal of SFS DP discretionary approval, as recommended by the Planning Board. SFSDP discretionary approval, which contains design guidelines for neighborhood compatibility review , was put in place to control mass and bulk of new single -family homes and additions , and to ensure that any new addition/construction is compatible with scale and character of existing neighborhood. In the past two years (excluding the applications received after October 2021) Planning Division has received around 78 SFSDP applications. The high volume of SF SDP applications , coupled with the prolonged processing time, has resulted in lengthy planning review time for single -family projects creating uncertainty amongst the applicants and property owners. Elimination of SFS DP discretionary review will enable ministerial approval of all single -family residential ATTACHMENT 3-28

projects that are not located in the designated Hillside region of the City , res ulting in shorter planning review time.

In lieu of SFSDP discretionary review process, staff is proposing extension of second story modulations, as well as other objective design standards (discussed under bullet point#16), for all single family residential projects including additions, remodels and new construction in order to ensure consistent application of design related guidelines regulating the mass and bulk of single-family dwellings.

Existing Standard Proposed Standard

1. Intent and purpose. The intent and purpose
of the Single Family Special Development Permit
is to help ensure new construction and additions
and alterations to the existing housing stock are
generally consistent with the standards of this
Article and the existing character of single family
neighborhoods and, when applicable, the Single
Family Design Guidelines.

2. Applicability. Single Family Development
Permits are required 1) for all new single family
construction that exceeds a .35 FAR or is larger
than 3,000 sq uare feet, 2) for all single family
homes where there is a whole house demolition,
and 3) for additions or remodels of existing
homes adding more than 500 square feet, which
do not meet the exception, below.

Exception: When the addition or remodel of an
existing home does not result in a FAR over .40,
but only if it is a single story addition or remodel
not visible from the street no Single Family
Development permit is required.

3. Required Findings. In lieu of the finding
required by Section 10 -1-1956, the Director, or
Planning Board or Council if appealed, may not
approve a Single Family Development Permit
unless the following findings are made after
review using the Single Family Design Guidelines
adopted by the Burbank City Council:

a. The house conforms to all of the required
standards of this Article unless an exception has
been approved; and

b. If the house has an FAR greater than .35, or
is larger than 3,000 square feet, or involves an
addition or remodel that requires a Permit (but
the FAR remains less than .40 with the addition),
None
ATTACHMENT 3-29

the house has been reviewed against the
Neighborhood Compatibility and the house
complies with the City’s Single Family Design
Guidelines.

c. Conditions are necessary for the purpose of
satisfying t he required findings, ensuring
conformance with the Design Guidelines,
mitigating environmental or other impacts of
the project, and/or protecting the public health,
safety, convenience, or welfare.

4. Look Back Period. After a building permit is
issued for new square footage through a
remodel or addition or for a new house which
does not require review under this provision, no
new building permits shall be issued for
additional square footage within two years
unless the new project is submitted for des ign
review if, when the previous and new building
permits are taken together, the total square
footage exceeds 500 square feet, or the FAR
exceeds .35 (as defined by all building permits
issued in the past two years).

20. Section 10-1-607(D): Hillside Development Permit

a) The Hillside Development Permit section of the code is being updated to remove references to SF SDP and the associated neighborhood compatibility review/design guidelines, since the ZTA proposes elimination of SFS DP discretionary review process.

Additionally, the “look back period” that was put in place to prevent an applicant from dividing the scope of work into two parts through two different building permits, in lieu of going through a SFSDP discretionary approval, is being removed.

Existing Standard Proposed Standard

1. Intent and purpose. The intent and purpose
of the Hillside Development Permit is to
protect, to the extent feasible, views in the
hillside area and to ensure neighborhood
compatibility through design review. The
Hillside Development Permit is intended to
balance the reasonable development of
property consistent with high land values in the
hillside area with the values placed upon views
of Burbank and surrounding communities from
hillside properties.

2. Applicability. Hillside Development Permit
is required in accordance with Section 10-1-
606(G).

a. The vehicle and pedestrian access to the
house and other structures do not
detrimentally impact traffic circulation and
safety or pedestrian circulation and safety and
are compatible with existing traffic circulation
patterns in the surrounding neighborhood. This
includes, but is not limited to: driveways and
private roadways, access to public streets,
safety features such as guardrails and other
barriers, garages and other parking areas, and
sidewalks and pedestrian paths.

b. The house and other structures are
reasonably consistent with the natural
topography of the surrounding hillside.

c. The house and other structures are
designed to reasonably incorporate or avoid
altering natural topographic features.

d. The house and other structures will not
unnecessarily or unreasonably encroach upon
the scenic views from neighboring properties,
including both downslope and upslope views.

e. The house has been reviewed against the
Neighborhood Compatibility provisions as set
forth in Section 10-1-609 and the house
complies with the Single Family Design
Guidelines.

f. For the purpose of evaluating required
finding (d) above, a view study must be
submitted with all Hillside Development Permit
applications documenting the impacts of the
proposed structure(s) on views from adjacent
properties. The view study must be prepared in
a manner approved by the Director or his/her
designee and contain all information and
of Burbank and surrounding communities from
hillside properties.

2. Applicability. Hillside Development Permit
is required in accordance with Section 10-1-
606(GH).

3. Required Findings. In lieu of the finding
required by Section 10-1-1956, the Director, or
Planning Board or Council if appealed, may not
approve a Hillside Development Permit unless
the following findings are made after review
using the Single Family Design Guidelines:
a. The vehicle and pedestrian access to the
house and other structures do not
detrimentally impact traffic circulation and
safety or pedestrian circulation and safety and
are compatible with existing traffic circulation
patterns in the surrounding neighborhood. This
includes, but is not limited to: driveways and
private roadways, access to public streets,
safety features such as guardrails and other
barriers, garages and other parking areas, and
sidewalks and pedestrian paths.
b. The house and other structures are
reasonably consistent with the natural
topography of the surrounding hillside.
c. The house and other structures are
designed to reasonably incorporate or avoid
altering natural topographic features.
d. The house and other structures will not
unnecessarily or unreasonably encroach upon
the scenic views from neighboring properties,
including both downslope and upslope views.
e. The house has been reviewed against the
Neighborhood Compatibility provisions as set
forth in Section 10-1-609 and the house
complies with the Single Family Design
Guidelines.
f e. For the purpose of evaluating required
finding (d) above, a view study must be
submitted with all Hillside Development Permit
applications documenting the impacts of the
proposed structure(s) on views from adjacent
ATTACHMENT 3-31

documentation deemed necessary by the
Director for the purpose of analyzing view
impacts and establishing setback lines for view
determination pursuant to Section 10-1-606(E).

This study is separate from the Ridgeline
setback analysis required by Section 10-1-
606(D).

g. The view impacts of the proposed project
must be considered by the Director, or Planning
Board or City Council if appealed, and may be
used as a basis for requiring modifications to a
project or denying a Hillside Development
Permit due to inability to make the required
finding:

4. Conditions may be necessary for the
purpose of satisfying the required findings,
ensuring conformance with the Design
Guidelines, mitigating environmental or other
impacts of the project, and/or protecting the
public health, safety, convenience, or welfare.

Such conditions may be imposed.

5. Look Back Period. After a building permit is
issued for new square footage through a
remodel or addition or for a new house which
does not require review under this provision, no
new building permits shall be issued for
additional square footage within two years
unless the new project is submitted for design
review if, when the previous and new building
permits are taken together, the total square
footage exceeds 500 square feet or the FAR
exceeds .35 (as defined by all building permits
issued in the past two years). [Added by Ord. No.
2858; Formerly numbered Section 31 -30.1;
Renumbered b y Ord. No. 3058, eff. 2/21/87;
Amended by Ord. No. 17 -3,890, eff. 2/23/17;
3669.]
properties. The view study must be prepared in
a manner approved by the Director or his/her
designee and contain all information and
documentation deemed necessary by the
Director for the purpose of analyzing view
impacts and establishing setback lines for view
determination pursuant to Section 10-1-606(E).

This study is separate from the Ridgeline
setback analysis required by Section 10-1-
606(D).
g f. The view impacts of the proposed project
must be considered by the Director, or Planning
Board or City Council if appealed, and may be
used as a basis for requiring modifications to a
project or denying a Hillside Development
Permit due to inability to make the required
findings:

4. Conditions may be necessary for the
purpose of satisfying the required findings,
ensuring conformance with the applicable
development standards Design Guidelines,
mitigating environmental or other impacts of
the project, and/or protecting the public
health, safety, convenience, or welfare. Such
conditions may be imposed.

21. Section 10-1-609: Neighborhood Compatibility Review

a) The ZTA proposes elimination of the SFS DP discretionary review process and the associated design guidelines/neighborhood compatibility review. Accordingly, staff is recommending removal of Section 10 -1-609, that elaborates the purpose of neighborhood compatibility review.

ATTACHMENT 3-32

Existing Standard Proposed Standard
The purpose of neighborhood compatibility
review is to conserve and enhance the character
of Burbank’s residential neighborhoods and
ensure such that the design of new homes an d
additions and alterations to existing homes is in
accord with and relates to the existing
community character. Instead of creating a
design review process, the intent is to
incorporate the review into the Single Family
Development Permit or the Hillside
Development Permit. Compatibility review is
intended to promote high-quality design, which
will be achieved with well- crafted and
maintained buildings and landscaping, the use of
high-quality building materials, and well-
executed details. This review shall be carried out
in a manner that encourages creative and
appropriate solutions while avoiding
unnecessary delays in project approval or
burdens on projects that are deemed approved.

The review is achieved by applying Design
Guidelines to project. [Added by Ord. No. 17 -
3,890, eff. 2/23/17.]
None

22. Section 10-1-1810: Continuation of Structure
a) Staff is recommending updates to allow creation of openings (doors and windows) along legal non-conforming portions of a residential structure, if the openings are limited to 50% of the linear length of the non- conforming wall. Please note that installation of openings along legal non -conforming walls of residential structures will be subject to approval from Building Official. Currently, a Minor Setback Exception Permit is required to create openings along non-conforming walls of residential structures. This update has been proposed to provide flexibi lity to property owners to remodel their homes , by creating new openings on existing walls, without undergoing any planning entitlement permit.

Additionally, updates have been proposed to allow damage s to residential structures , from termites or dry rot, that are limited to 50 percent or less of its replacement cost, to be rebuilt to its previous form. Currently, restoration and reconstruction of portions of residential structure that have been destroyed due to termites and dry rot, are required to comply with existing development standards, including setbacks and height standards.

The proposed update has been included because often property owners are unaware of damages caused due to termites and dry rot, and such damages are frequently encountered during construction work after issuance of building permit. Allowing portions of the structures that have been damaged due to termites and dry rot to get ATTACHMENT 3-33

rebuilt to its previous form will enable property owners to obtain planning approval in a timely manner and limit costs.

Existing Standard Proposed Standard

4. Should such structure be voluntarily
demolished to an extent of 50 percent or less of
its replacement cost, any non -conforming
features or portions of the structure that are
demolished shall n ot be replaced unless they
conform to the standards of this Chapter. “Non-
conforming features or portions of a structure”,
as used above, include, but are not limited to,
non-conforming walls and/or roofs. Such
portion or feature shall be considered
demolished if underlying structural elements
such as foundations, framing or trusses are
removed. Removal of surface or finish features
such as siding, plaster, drywall, shingles, tiles, or
suchlike for purposes of replacement or repair
only shall not be conside red demolition of the
underlying element.

5. Should such structure be destroyed to an
extent of 50 percent or less of its replacement
cost by means of fire, flood, wind, earthquake or
other natural force or by action of the public
enemy:

a. The dam aged structure may be repaired or
rebuilt to the area, footprint and height of the
previously existing structure.

b. Such repairs must be commenced within one
(1) year of the event causing the damage, and
must be diligently pursued until completed.

c. If during restoration or reconstruction, floor
area or height is increased, the structure shall
relinquish its non -conforming status, and shall
become subject to Subsection (4) above.

Damage due to termites or dry rot is not
considered to be a result of natural force or
action for purposes of this Section, as such
damage can be prevented by regular inspection
and maintenance.

4. Should such structure be voluntarily
demolished to an extent of 50 percent or less of
its replacement cost, any non -conforming
features or portions of the structure that are
demolished shall not be replaced unless they
conform to the standards of this Chapter. “Non-
conforming features or portions of a structure”,
as used above, include, but are not limited to,
non-conforming walls and/or roofs. Such
portion or feature shall be considered
demolished if underlying structural elements
such as foundations, framing or trusses are
removed. Removal of surface or finish features
such as siding, plaster, drywall, shingles, tiles, or
suchlike for purposes of replacement or repair
only shall not be considered demolition of the
underlying element. For a single family
residential structure, any new openings
(windows and doors) along a non -conforming
exterior wall, limited to 50% of the linear length
of the wall, shall be exempt from requirements
of this sub -section, subject to approval from
Building Official.

5. Should such structure be destroyed to an
extent of 50 percent or less of its replacement
cost by means of fire, flood, wind, earthquake or
other natural force or by action of the public
enemy or from damages due to termites or dry
rot:
a. The damaged structure may be repaired or
rebuilt to the area, footprint and height of the
previously existing structure.
b. Such repairs must be commenced within
one (1) year of the event causing the damage,
and must be diligently pursued until completed.
c. If during restoration or reconstruction, floor
area or height is increased, the structure shall
relinquish its non -conforming status, and shall
become subject to Subsection (4) above.

Replacement of a nonconforming structure or
portions thereof, from damages due to termites
or dry rot is applicable to residential structures
only, and as such these damages shall be
confirmed by the Building Official.

ATTACHMENT 3-34

Damage due to termites or dry rot is not
considered to be a result of natural force or
action for purposes of this Section, as such
damage can be prevented by regular inspection
and maintenance.

Burbank City CouncilFebruary 8, 2022

Burbank City Council
February 8, 2022