Attachment 4 — Burbank City Council, February 8, 2022 (part 1 of 2)

ATTACHMENT 4-1
Attachment 4 - December 13, 2021 Planning Board hearing report and exhibits ATTACHMENT 4-2
ATTACHMENT 4-3
ATTACHMENT 4-4
ATTACHMENT 4-5
ATTACHMENT 4-6
ATTACHMENT 4-7
ATTACHMENT 4-8
RESOLUTION NO. ____

A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF BURBANK

RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF BURBANK MUNICIPAL CODE TO UPDATE STANDARDS AND

DEFINITIONS PERTAINING TO SINGLE FAMILY RESIDENTIAL ZONES AND CONTINUATION OF NONCONFORMING STRUCTURES.
(Zone Text Amendment; Project No. 21-0004984)

THE PLANNING BOARD OF THE CITY OF BURBANK FINDS:

A. The Planning Board of the City of Burbank at its meeting of December 13, 2021, held a public hearing on Project No. 21-0004984 (Zone Text Amendment to update standards and definitions pertaining to single family residential zones) to amend the zoning text regulating single family residential development in R-1 and R-1-H single family residential zones and continuation of nonconforming structures, to enable shorter timeline for planning reviews, remo ve redundant information, and facilitate better design for single-family dwellings.

B. Said hearing was properly noticed in accordance with the provisions of Burbank Municipal Code Section 10-1-1994.

C. The Planning Board considered the report and re commendations of the City Planner and the evidence presented at such hearing.

D. The Planning Board acknowledges the need to streamline planning review process for additions, remodels, and construction of single -family residential dwellings.

E. On October 25 th, 2021, the Planning Board considered all evidence presented, both written and oral and at the end of the hearing voted to adopt an amended resolution elimina ting the Single-Family Development Permit (SFDP) discretionary approval process and the associated design guidelines/neighborhood compatibility review process .

F. In accordance with the California Environmental Quality Act, the City Planner - proposed Zone Text Amendment and associated Ordinance has been determined to be exempt from environmental review pursuant to “common sense exemption” per Section 15061(b)(3) of the CEQA Guidelines, wherein the project in question has no potential for causi ng a significant effect on the environment.

G. In accordance with California Government Code Section 65860, the proposed Zone Text Amendment and associated Ordinance has been determined to be consistent with the General Plan of the City of Burbank and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and are compatible with the objectives, policies, general land uses and programs specified therein.

ATTACHMENT 4-9
H. The Planning Board has reviewed the City Planner’s environmental assessment and concurs with the assessment that the project qualifies for “common sense exemption” pursuant to Section 15061(b)(3) of the CEQA Guidelines.

I. The documents and other materials that cons titute the record of proceedings, upon which the decision to recommend approval of the proposed Zone Text Amendment (No. 21-0004984) and associated environmental assessment that the project qualifies for a statutory exemption under CEQA, is located in the Planning Division of the City of Burbank and the custodian of the record is the City Planner.

THE PLANNING BOARD OF THE CITY OF BURBANK RESOLVES:

1. TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF PROJECT. Project No. 21-0004984, Zone Text Amendment to update Title 10, Chapter 1 (Zoning), would result in amendments to the zoning text regulating single family residential development in R-1 and R-1-H single family residential zones and continuation of nonconforming structures to enable shorter timeline for planning reviews, remove redundant information, and facilitate better design for single-family dwellings.

This recommendation is based upon the Planning Board’s ability to make the following finding per California Government Code Section 65860:

FINDING FOR ZONE TEXT AMENDMENT:

The Zone Text Amendment to update the zoning text for single family residential development standards in R -1 and R -1-H zones and continuation of nonconforming structures to remove redundant information, facilitate better design for single -family dwellings, and enable shorter timeline for planning reviews is consistent with the General Plan of the City of Burbank and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and are compatible with the objectives, policies, general land uses and programs specified therein.

The Zone Text Amendment to update the zoning text for single family residential development standards in R -1 and R -1-H zones to remove redundant information, facilitate better design for single-family dwellings, enable shorter timeline for planning reviews is consistent with the objectives, policies, general land uses, and programs specified in the General Plan of the City of Burbank . The proposed amendments will modify specific development standards for single-family dwellings in R -1 and R -1-H single family zones consistent with the City’s Burbank2035 General Plan Land Use and Housing Element. Amendments proposed to specific development standards regulating construction in single family residential zones, such as maximum allowed top of the plate height, and permitting wider driveway while maintaining the minimum required landscaping in the front yard, are intended to provide flexibility in design keeping in mind the evolving nature of community within the City, consistent with Land Use Element Goal 3, Policy 3.11 of Burbank2035 General Plan.

ATTACHMENT 4-10
Currently, per Section 10-1-607 of BMC, design guidelines are applicable to only those projects that require Single Family Development Permit (SFDP) discretionary approval.

The proposed amendments incorporate regulations on design and archi tectural compatibility for all new construction, additions, and remodels to single-family dwellings, ensuring better design and architectural compatibility consistent with Housing Element Goal 1, Policy 1.1 and Land Use Element Goal 3, Policy 3.5 of Burbank2035 General Plan. Moreover, by proposing amendments to the applicability of SFDP discretionary planning approval, the ZTA will encourage construction of single-story homes and remodels that are smaller in scale, mass, and bulk, consistent with Land Use Element Goal 3, Policy 3.9 and Land Use Element Goal 8, Policy 8.2 of Burbank2035 General Plan.

Furthermore, the proposed extension of SFDP discretionary approval for additions and remodeling work relating to National, State, and City designated histo ric resources, maintains consistency with Land Use Element Goal 3, Policy 3.10 of Burbank2035 General Plan.

The ZTA proposes to remove discretionary approval requirement for single-story additions and remodels that do not result in development that has an overall bulk and mass that would adversely impact the existing scale and character of a residential neighborhood within R -1 and R -1-H single-family residential zones and remove redundan cy and inconsistencies from the zoning text regulating development standards for single family dwellings in R-1 and R-1-H zones, consistent with Housing Element Goal 4, Policy 4.2 of Burbank2035 General Plan.

The ZTA is consistent with Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code.

Proposed text amendments do not alter the maximum allowed density in single -family residential zones and are consistent with the purpose of R -1 and R -1-H single -family residential zones. Current regulations on single -family residential zones lack design related standards for additions, remodels and new constructions that are exempt from Single Family Developm ent Review discretionary approval. The proposed amendments include standards relating to design and architectural compatibility for all new constructions and additions to single-family dwellings, consistent with the purpose of Neighborhood Compatibility Review, as specified in Section 10-1-601 of BMC.

ATTACHMENT 4-11

2. The Secretary of the Planning Board shall forward a signed copy of this Resolution with the Planning Board’s report and decision to the City Council in accordance with Burbank Municipal Code Section 10-1-1993.

PASSED AND ADOPTED this day of , 2021.

CITY PLANNING BOARD

_______________________
Chairperson

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF BURBANK

I, Fred Ramirez, Secretary of the Planning Board of the City of Burbank, certify that this Resolution was adopted by the City Planning Board at its meeti ng held on the ___ day of _______, 2021, by the following vote:

AYES:

NOS:

ABSENT:

ABSTAINED:

________________________
Fred Ramirez, Secretary
ATTACHMENT 4-12
Attachment 1

Draft Ordinance

[Attached]

ATTACHMENT 4-13

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF BURBANK MUNICIPAL CODE TO UPDATE DEFINITIONS AND STANDARDS PERTAINING TO SINGLE FAMILY RESIDENTIAL ZONES AND CONTINUATION OF NONCONFORMING STRUCTURES. (Zone Text Amendment; Project No. 21-0004984)
City Attorney’s Synopsis
This Ordinan ce amends the Burbank Municipal Code, Title 10, Chapter 1, by updating the zoning text regulating single family residential development in R -1 and R -1-H single family residential zones and continuation of nonconforming structures.

THE COUNCIL OF THE CITY OF BURBANK FINDS:

A. The City of Burbank (“City”) is amending regulations on single -family development in R -1 and R -1-H single family residential zones and nonconforming structures to remove inconsistencies and redundant information, incorporate needed definitions, and provide greater clarity in the thresholds that trigger a Single Family Development Permit as well as implementing more objective standards and design criteria that collectively facilitate better design for new single-family dwellings as well as the additions to, and remodel of existing homes; the proposed zone text amendment will also enable a more streamlined review these types of projects.

B. The City Council adopted Ordinance No. 17-3,890 on January 24, 2017 updating development standards for single-family developments in R-1 and R-1-H zones in order to regulate mass and bulk of new single- family residential dwellings as well as additions and remodels of homes that had the potential to adversely impact the neighborhood character of single-family residential zones.

C. Since the implementation of updated standards regulating development of single -family dwellings in R-1 and R -1-H zones in 2017, City staff has received numerous concerns regarding regulatory constraints that the new regulations have created for small-scale additions and remodels. All proposals for remodels and additions are reviewed pursuant to the single family residential development standards, but the triggers related to permitted square footage of these projects versus the triggers for requiring a single family development permit have extended planning processing time for these type of developments in R -1 and R -1-H single family residential zones without significantly improving the overall design of a project.

D. The City acknowledges the need to address concerns regarding extended planning processing time for additions, remodels, and constructions in R-1 and R-1-H single family residential zones.

E. The proposed ordinance incorporates text that facilitates objective and consistent application of zoning text and removes regulatory constraints for small scale single-family developments and one-story single family homes that maintain an overall design, inclusive of overall mass and scale, that is consistent with the scale and character of the City’s existing single-family residential neighborhoods.

ATTACHMENT 4-14

F. The proposed Ordinance and resulting zone text amendment will benefit the community by cleaning redundant and inconsistent language in the development standards, providing new definitio ns as required, enabling a more objective application of zoning code, facilitating an overall design for additions, remodels, and construction of new single -family dwellings that is consistent with the scale and character of the existing neighborhoods, while also streamlining City review of these projects.

G. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in which the project (i.e., zone text amendment to the single family residential zone development standards) has no potential for causing a significant effect on the environment as the proposed update to the single family r esidential development standards will not land uses that are no more intense than the buildout scenario analyzed in the Burbank2035 General Plan.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. Chapter 1 of Title 10 of the Burbank Municipal Code is amended as follows (addition in red and deletion in strikethrough):
1) Article 2 Section 10-1-203: Definitions, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended to update the definitions for “Retaining Wall”, and “Demolition, Whole House”:
10-1-203: DEFINITIONS:

RETAINING WALL: Means a structure that retains (holds back) for more than six inches of any material (usually earth), above the footing measured from top of the horizontal footing and prevents it from sliding or eroding away. For purposes 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. Portion of the wall not retaining dirt shall not be considered a retaining wall.

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 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.
2) Article 6, Division 1, Section 10-1-601: Purpose, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-601: PURPOSE:

A. R-1.

The R-1 Single Family Residential Zone is intended for neighborhoods of single family dwellings separated from multiple family and non-residential uses. The R-1 Zone is appropriate for very low density single family development and, with limited exceptions, is generally not appropriate for non-residential development.

ATTACHMENT 4-15
B. R-1-H.

The R -1-H Single Family Residential Horsekeeping Zone is intended for neighborhoods of single family dwellings with incidental facilities for the keeping of horses, separated from multiple family and non - residential uses. The R -1-H Zone is appropriate for very low density single family development with equestrian accommodations. The R-1-H Zone is generally not appropriate for non -residential development except for certain equestrian related facilities and other limited exceptions.

C. SECTION RESERVED Neighborhood Compatibility Review.

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; Amend ed by Ord. No. 17-3,890, eff. 2/23/17; 3669.]
3) Article 6, Division 1, Section 10-1-602: Uses in R-1 and R-1-H zones, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:
10-1-602: USES IN R-1 AND R-1-H ZONES:

Uses are allowed in the R-1 and R-1-H zones as follows:

A. PERMITTED USES.

Table 10-1-602 identifies the land uses allowed by this Zoning Ordinance, and the land use permit, if any, required to establish a use or expand an existing use.

B. PROHIBITED LAND USES.

Uses not expressly listed in Table 10-1-602, or uses listed as prohibited, may not be carried on in the R-1 or R-1-H zones except as lawful nonconforming uses, unless authorized per Section 10-1-503 or other provisions of this Code.

C. APPLICABLE SECTIONS.

Where the last column in the table includes a section number, the referenced section includes additional requirements related to the use; however, provisions in other sections of this Chapter may also apply.

Table 10-1-602
Permitted Uses in the R-1 and R-1-H Zones
Symbol Meaning
P Use is permitted
AUP Administrative use permit required (see Article 19, Division 4.1) ATTACHMENT 4-16
Table 10-1-602
Permitted Uses in the R-1 and R-1-H Zones
Symbol Meaning
CUP Conditional use permit required (see Article 19, Division 4) --- Use is prohibited
Land Use R-1 R-1-H Specific Use
Standards
Residential and Accessory Uses
Single family dwelling, not to exceed one per lot, including mobilehomes and manufactured homes P P
Single family dwellings, additional, on one lot CUP (1) CUP (1) Garages, private P (2) P (2)
Accessory structures, including minor structures for which no building permit is required (3) P (4) P (4) 10-1-604
Accessory uses typical for a single family home including tennis courts and swimming pools P P
Accessory dwelling unit and Junior accessory dwelling unit P P Article 6, Division 3
Home occupation P P Article 6,
Division 11
Home occupation, music lessons AUP AUP 10-1-672
Planned residential development CUP CUP Article 6,
Division 8
Stable or corral, non-commercial, for keeping horses owned by the owner or occupant of the property only --- P 10-1-605 Small family day care home P P
Large family day care home AUP AUP Article 6,
Division 13
Community care facility (licensed, six or fewer occupants) P P Community care facility (unlicensed, six or fewer occupants) P P Supportive Housing P (8) P (8) q
Transitional Housing P (8) P (8)
Non-Residential Uses
ATTACHMENT 4-17
Land Use R-1 R-1-H Specific Use
Standards
Carnival conducted by a church, public or private school, service club, or nonprofit association or corporation CUP CUP
Church or church school CUP CUP
Educational institution, public or private CUP (5) CUP (5) Municipal fire station CUP CUP
Municipal library CUP CUP
Park or recreational facility, golf course, cultural facility; including incidental commercial uses commonly associated with a park or recreation use

CUP CUP

Parking lot, off-street CUP CUP Article 14,
Division 4
Public utility facility CUP CUP
Wireless Telecommunications Facility (6) (6) 10-1-1118
Equestrian and Special Uses
Animal hospital; no boarding --- CUP (7)
Blacksmith; horse shoeing only --- CUP (7)
Petting zoo --- CUP (7)
Plant nursery --- CUP (7)
Stable, commercial; including housing facilities for caretaker on premises --- CUP (7) Article 24,
Division 9
Cannabis Uses
Cannabis delivery --- --- 10-1-512
Commercial cannabis activities --- --- 10-1-512
Cultivation --- --- 10-1-512
Retailer --- --- 10-1-512
Notes/Additional Requirements:
(1) Additional single family dwellings legally constructed prior to June 4, 1963 are permitted uses that do not require a CUP.
(2) Intentionally deleted.
(3) Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops, storage sheds and buildings and pool houses. Accessory dwelling units, whether attached to the main dwelling unit or ATTACHMENT 4-18
detached, and additional dwelling units authorized by conditional use permit, are not considered accessory structures.
(4) Intentionally deleted.
(5) Public educational institutions existing prior to June 1, 1978 are permitted uses that do not require a CUP.
(6) Permitted in accordance with Section 10-1-1118.
(7) Permitted only on properties with a land area of 12,000 square feet or greater that abut commercially zoned land.
(8) Supportive Housing and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single- family is permitted in the R-1 and R-1-H residential zones, whereas transitional and supportive housing structured as multi-family is limited to the R-2, R-3, and R-4 residential zones. [Amended by Ord. No. 21-3,957, eff. 7/23/21; 20-3,932; 20-3,931; 19-3,930; 18-3,901; 17-3,898; Formerly numbered Section 31-27; 3890; 3872; 3840, 3817, 3697, 3669, 3622, 3535, 3399, 3139, 3127, 3058, 2858, 2754, 2727, 2371, 2322, 2183.]
4) Article 6, Division 1, Section 10-1-603: Property Development Standards, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-603: PROPERTY DEVELOPMENT STANDARDS:

A. STANDARDS TABLE. All land uses and structures, and alterations to existing land uses and structures, in the R-1 and R-1-H zones must be designed, constructed, and established consistent with the requirements in Table 10 -1-603(A) and all other applicable provisions of this Division and this Code. Numbers in parentheses within the table refer to notes and additional requirements list ed at the end of the table. For items marked with an (H), the hillside development standards apply if the property is located within the hillside area, as defined in Section 10-1-606(A). Where the last column in the table includes a section number, the referenced section includes additional requirements related to the development standard. All properties located within the R-1-H Zone must further comply with the requirements set forth in Section 10- 1-605, and all properties located within the hillside area, as defined in Section 10-1-606(A), must further comply with the requirements set forth in Section 10-1-606.

TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional or
Related
Standards
Dimensions Related to Density
ATTACHMENT 4-19
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional or
Related
Standards
Minimum lot area 6,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Minimum lot area per primary
dwelling unit
6,000 square feet
Minimum lot area per additional
dwelling unit above first 6,000
square feet subject to CUP
approval
5,750 square feet
Minimum dwelling unit size 850 square feet
Minimum dwelling unit width (1) 20 feet
Maximum height: (2)
To top plate 20 22 feet 10-1-603(C)
To top of pitched roof and
architectural features
30 feet (3) (4) 10-1-603(C)
To top of flat roof, parapet, and
architectural features
23 feet 10-1-603(C)
To top plate for accessory
structures
10 feet 10-1-603(C)
To top of roof and architectural
features for accessory
structures
14 feet (5) 10-1-603(C)
Maximum number of stories 2; 3 stories if the third story is enclosed within a pitched roof (maximum height requirements
apply).

ATTACHMENT 4-20
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional or
Related
Standards
Maximum floor area ratio (H) 0.4 for lot area up to 7,500 square ft. plus 0.3 for lot area over 7,500 square ft. and 0.2 for lot area
over 15,000 square ft. (6)
10-1-603(D)
Upper-story Stepbacks;
Building Plane Modulation
Required when project is subject to
Neighborhood Compatibility Review for all new
dwellings and second story additions.
10-1-
603(E); 10-1-
609
Maximum lot coverage 50% (7) 10-1-603(F)
Minimum yard setbacks (H)
Front Average front yard setback on the blockface. 10-1-603(G) Rear 15 feet 10-1-603(G)
Interior side At least 10% of lot width, but no less than 3 feet and no more than 10 feet (8)
10-1-603(G)
Street-facing side For the first story, no less than 10% of lot width or 5 feet and no more than 10 feet (8). For the
second story, 20% of lot width, but no less than 6
feet and no more than 20 feet.
10-1-603(G)
Maximum fence, wall, and
hedge heights (H)

Within the front yard setback
area
4 feet (9) (11)
6 feet (hedges only)
10-1-603(H)
Within the street-facing side
yard setback area
6 feet (to rear of house) if 50% open; 4 feet if
solid (11)
8 feet (to rear of lot) (11)
10-1-603(H)
Outside of the front yard or
street-facing side yard setback
area
8 feet
12 feet (hedges only)
10-1-603(H)
ATTACHMENT 4-21
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional or
Related
Standards
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)
10-1-603(L)
Minimum number of off-street
parking spaces (H)

When main dwelling has a gross
floor area of 3,400 square feet
or less
2 (10) 10-1-603(I)
When main dwelling has a gross
floor area of more than 3,400
square feet
3 (10) 10-1-603(I)
Notes/Additional Requirements:
(H) For items marked with an (H), the hillside development standards apply if the property is located within the hillside area as defined in Section 10-1-606(A).

1. The minimum dwelling unit width does not apply when a narrower dwelling width is necessary to maintain the minimum required side yard setbacks.

2. Unless otherwise permitted by state or federal law, the maximum 30-foot height limit also applies to freestanding structures other than buildings, including but not limited to antennas, satellite dishes, and flagpoles.

3. To achieve this height, the minimum roof slope shall be 30 degrees above a horizontal plane.

4. Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops, storage sheds and buildings, pool houses, stables, corrals, and tack rooms. Accessory dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by conditional use permit, are not considered accessory structures.

5. On lots larger than 10,000 square feet, the maximum accessory structure height shall be 23 feet.

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 4-22

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.
9 8. 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.
10 9. The first two required parking spaces must not be tandem spaces. The third parking space may be a tandem space.
11 10. The height of the retaining wall adjacent to the sidewalk or the public right of way in front of the house must be measured along the sidewalk or the right of way, not the finished grade of the property.

B. CONFORMANCE TO APPROVED PLANS 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.

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.

C. HEIGHT.

1. For purposes of these standards, height shall be measured as the vertical distance from grade to an imaginary plane located the allowed number of feet (as listed in Table 10-1-603(A)) above and parallel to the grade. The measurement is taken at each point along the face of the structure at no less than one foot intervals, and the reference grade shall be established as 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.

Diagram 10-1-603(C) illustrates the imaginary plane on a sloped lot and flat lot when measured from the existing grade to the top of the roof. A separate imaginary plane also parallel to the grade determines the ATTACHMENT 4-23
maximum top plate height. With approval of a Conditional Use Permit, height may be measured from the average grade in lieu of being measured as described above. In this instance, average grade shall be the average of the highest and lowest finished ground surface elevations at the perimeter of the structure, whether or not the finished ground surface is higher than the existing ground surface.

DIAGRAM 10-1-603(C): HEIGHT MEASUREMENT

2. No building feature, except parapets above a height of 20 feet, or 10 feet on an accessory structure, shall exceed a roof pitch of 12 vertical inches for every 12 horizontal inches, where pitched. This standard is not intended to require hipped roofs.

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.

4. Chimneys shall not extend more than 15 feet above the highest point of the roof or exceed a maximum height of 30 feet, or 17 feet on an accessory structure. Unless otherwise permitted by State or federal law, air conditioning units and other roof-mounted equipment shall not exceed 30 feet in height, or 17 feet on an accessory structure. All such equipment shall be screened so as to limit visibility from the right-of-way.

5. When a deck or platform is provided on top of a structure, the assumed top plate height of the structure is six (6) feet, eight (8) inches above the deck surface, unless a deck covering or the top plate of an enclosed space on the same level exceeds that height.

6. Top of the roof height of front porches shall be limited to no more than 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. 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 certification from the surveyor verifying the as-built condition.

ATTACHMENT 4-24
Any changes to the existing grade must be shown on the construction drawings and approved by the 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.

D. FLOOR AREA RATIO.

1. The floor area ratio (FAR) is calculated using the total gross floor area of all enclos ed 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 exempt from FAR, the exemption shall not exceed 600 square feet; (2)(b) front covered porches with up to 250 square feet if open on two sides and located on the ground floor, and
(3)(c) stables, corrals, and tack rooms attached thereto are not included; (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.

2. Floor Area shall be calculated for each story and includes the horizontal area within exterior finish face walls. The total gross floor area shall be the sum of the floor area for each story.

3. Any portion of a structure, including the area above a staircase, over 12 feet in interior height, shall count as floor area as if a second story were within the space. This means that any space with a ceiling or top plate exceeding the maximum allowed one story height shall be considered as constituting two stories for the purpose of calculating floor area and thus the ground floor area is counted twice. For purposes of measuring height in this section, it is measured from grade, not from finished floor.

4. Basements with usable floor area that meet the minimum habitable room dimensions (area, height and width) as defined by the Building Code shall be counted toward the floor area ratio unless both of the following criteria are satisfied:
a. The finished floor level of the first story is no more than 24 inches above the adjoining ground surface for at least 50 percent of the perimeter of the basement; and ATTACHMENT 4-25
b. The basement space is located directly beneath an enclosed space that is included in the floor area ratio calculation.

5. The following requirements apply to basements whether or not exempted from floor area ratio per Subsection (4) above.
a. The gross floor area of the basement must be included in the total house square footage for the purposes of determining the number of required off-street parking spaces; and b. When built as part of an accessory structure, the gross floor area of the basement must be counted toward the square footage and size limitation of the accessory structure.

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.

7. The floor area for required parking provided underground shall not be counted when calculating the floor area ratio.

8. Maximum Residential Floor Area. The maximum residential floor area (FAR) by lot size is shown in Table 10-1-603(D). For lot sizes between the sizes shown, the maximum floor area shall be determined by the relevant proportional increase.

TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
3,500 1,400

0.4 4,000 1,600
4,500 1,800
ATTACHMENT 4-26
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
5,000 2,000
5,500 2,200
6,000 2,400
6,500 2,600
7,000 2,800
7,500 3,000
8,000 3,150

0.4 for up to 7,500; 0.3 for lot area over 7,500
8,500 3,300
9,000 3,450
9,500 3,600
10,000 3,750
10,500 3,900
11,000 4,050
ATTACHMENT 4-27
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
11,500 4,200
12,000 4,350
12,500 4,500

13,000 4,650
13,500 4,800
14,000 4,950
14,500 5,100
15,000 5,250
15,500 5,350 0.4 for up to 7,500; 0.3 for lot area over 7,500 but less than 15,000; and 0.2 for lot area over 15,000
16,000 5,450

16,500 5,550
17,000 5,650
17,500 5,750
ATTACHMENT 4-28
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
18,000 5,850
18,500 5,950
19,000 6,050
19,500 6,150
20,000 or
more
As determined by same
FAR formula
DIAGRAM 10-1-603(D): FAR COMPARISON
FAR = 0.35 FAR = 0.40
ATTACHMENT 4-29

However, land area in the pole portion with a minimum width of 15 feet, and not part of the shared driveway, and under control of a single owner shall be included in calculating the maximum allowable floor area within a given FAR allowance. Such pole area can only be counted for one lot.

10. Reduced FAR on Sloped Lots in the Hillside. The maximum FAR of 0.4 shall be reduced to 0.35 on all hillside lots with slopes in the 15-29.99 percent range, as determined by the City, and to 0.30 for all hillside lots with slopes of 30 percent or more, as determined by the City. The applicant shall provide a topographic map of the site showing topographic features by means of contour lines, with slope calculated by the formula:

S = (I x L x 100)/A, where:

S = Average ground slope in percent, calculated for the entire lot ATTACHMENT 4-30
I = Contour interval in feet. The contour interval shall be 10 feet or less.

L = The combined length in feet of all contour lines on the lot A = Gross area for the lot in square feet

11. Floor Area Ratio Exception
a. A floor area ratio exception of up to ten (10) percent greater than the maximum square footage allowed for the lot may be granted by the Planning Board for an addition to an existing house that has already reached an FAR of .399. The exception requires a public hearing which must be in compliance with Article 19, Zoning Procedures, and requires notification of property owners within 300 feet.

An Example is listed below:

If a property is 6,000 square feet, the maximum square footage allowed for the lot is 2,400 square feet as determined by Table 10-1-603(D). If a Floor Area Ratio Exception is approved by the Planning Board, the applicant would be able to increase their square footage by 10%, resulting in an increase of 240 square feet. This will result in the maximum square footage allowed for the lot to equal 2,640 square feet.

1. Eligibility. Only non-Hillside houses on lots of 7,000 square feet or smaller are candidates for an FAR exception.

2. Findings for approval. A floor area exception shall not be approved unless the Planning Board makes the Findings below:
i. The addition is on the first story, of quality design, and consistent with the architectural character of the existing home;
ii. The addition does not propose a setback encroachment nor any exception from any other development standards; and
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.

E. UPPER-STORY STEPBACKS.

Building Modulation Required. To reduce second story building mass and avoid shadow and privacy impacts on adjacent property, new construction and exterior alterations and additions must provide front and side setbacks according to the following standards:

ATTACHMENT 4-31
c. If the front yard setback proposed for the finished wall of the first floor is between 25 and 30 feet, the second story must be set back 10 feet.
d. Alternatively, if the front yard setback proposed for the finished wall of the first floor is 30 feet or greater, the second story shall be setback at least five (5) feet for 15 percent of the front elevation, and the total floor area of the second story shall not exceed 85 percent of the first story floor area. This option can be integrated with side modulation options to achieve the 85 percent floor area reduction. See Diagram

10.1.603E(1)(B) below.
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.

DIAGRAM 10-1-603(E)(1)(A): FRONT YARD BUILDING MODULATION ALTERNATIVE A

ATTACHMENT 4-32
DIAGRAM 10-1-603(E)(1)(B): FRONT YARD BUILDING MODULATION ALTERNATIVE B

2. Side, second story. The side yard setback for the second story must conform to one of the following four three standards.
a. Standard E-(2)(a): At least 40 percent of the length of the second story is set back 4 feet from the first floor building face. See Diagram 10-1-603(E)(2)(A) below.

DIAGRAM 10-1-603(E)(2)(A): SIDE YARD BUILDING MODULATION ALTERNATIVE A

b. Standards E-(2)(b): At least 30 percent of the interior side of a building is offset a minimum of 5 feet in depth from the primary wall. See Diagram 10.1.603(E)(2)(B) below.

ATTACHMENT 4-33
DIAGRAM 10-1-603(E)(2)(B): SIDE YARD BUILDING MODULATION ALTERNATIVE B

c. Standard E-(2)(Cc): The second story setback is determined by a 45-degree inclined daylight plane extending from the intersection of the side property line and the existing grade at a point 12 feet above finished grade. See Diagram 10.1.603(E)(2)(C) below.

DIAGRAM 10-1-603(E)(2)(C): SIDE YARD BUILDING MODULATION ALTERNATIVE C

3. Street Side Yard Modulation Additional Requirement. An additional two (2) feet of yard setback shall be required for any portion of the second story side façade of the house greater than 60 feet in length and 14 feet in height.

F. LOT COVERAGE.

Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, ATTACHMENT 4-34
carports, porte-cocheres, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. See Diagram 10.1.603(F) below. The following structures are excluded from this calculation:

1. Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, balconies, and stairways less than 18 inches in height at surface of deck (and less than six feet including railings);

2. Eaves and roof overhangs projecting up to two feet from a wall;

3. Trellises and similar structures that have roofs that are at least 50 percent open to the sky with uniformly distributed openings;

4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks;

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; and

6. R-1-H Zone Only. Stables, corrals, and tack rooms attached thereto.

DIAGRAM 10-1-603(F): DETERMINING LOT COVERAGE

G. YARDS.

1. The minimum required setbacks for all yards are specified in Table 10-1-603(A). However, for front yard setbacks, an average front setback for adjoining and nearby lots shall be used. The average front yard setback shall be determined from lots on the same block that are within 250 feet on either side of the subject property. In calculating the average setbacks, measurements that vary from the average by more than 150 percent shall not be used to calculate the average.1 a. In calculating the average front yard setback for houses with more than one plane, the plane closest to the street shall be used to determine the setback provided that plane constitutes at least 40 percent of the width of the house. See Diagram 10.1.603(G) below.

ATTACHMENT 4-35
DIAGRAM 10-1-603(G): FRONT YARD AVERAGING
Average setback includes garages and encroachments of that constitute more than 40% of the front facade.

2. Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified in Table 10-1-603(G). Encroachment distances are measured from the minimum required setback line and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.

TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Structural walls and posts supporting
an overhead structure (except
accessory structures) and any
structural components or objects not
specifically listed in this table
Front none permitted
Rear none permitted
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Accessory structures (1) Front none permitted
Rear up to within 3 feet of property line but not
beyond setback plane (2)(3)
Interior
Side
up to within 3 feet of property line but not
beyond setback plane (2)(3)(4)
ATTACHMENT 4-36
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
none permitted
Eaves, canopies, porches including
their eaves, or balcony covers,
cornices, sills, etc.

Front 2.5 feet; 4 feet in the front yard for front
porches with a 5-foot minimum clear horizontal
dimension. The maximum height to the top of
ceiling roof in for the front porch structure shall
be no more than 12 feet. See Diagram 10-1-
603(G)(2)(A)

Rear

Interior
Side
up to within 2.5 feet of property line (6)

Street-
Facing
Side

2.5 feet (6)
Garden window boxes and non-
structural bay windows
Front 2.5 feet
Rear 2.5 feet
Interior
Side
2 feet but no less than 3 feet from the property
line
Street-
Facing
Side

2.5 feet
Uncovered patios or porches at
ground level. For a built-up slab-on-
grade deck on a sloped lot, four
inches above the lowest adjacent
grade are permitted.

Front 4 feet (5)
Rear up to property line
Interior
Side
up to property line
Street-
Facing
Side
up to property line (5)
ATTACHMENT 4-37
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Uncovered porches, patios, decks,
and platforms above ground level and
supported from the ground (whether
freestanding or attached to a
structure)
Front 4 feet
Rear none permitted
Interior
Side
permitted with limitations (6)
Street-
Facing
Side
none permitted
Uncovered porches, patios, decks,
platforms, and balconies above
ground level, attached to a structure,
and not supported from the ground
Front 4 feet
Rear 5 feet
Interior
Side
permitted with limitations (6)
Street-
Facing
Side
up to within 10 feet of property line
Stairways, ramps, and landings
leading up to grade level from
basement or other below-grade space
Front 5 feet
Rear 5 feet
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Stairways, ramps, and landings
leading from one grade level to
another grade level or from grade
level up to the first floor level
Front up to property line
Rear up to property line
Interior
Side
up to property line
ATTACHMENT 4-38
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
up to property line
Stairways, ramps, and landings above
floor level of first story (6)(7)
Front 2.5 feet
Rear none permitted
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Above-ground and in-ground
swimming pools and spas (as
measured to water line)
Front none permitted
Rear 10 feet
Interior
Side
up to within 5 feet of property line
Street-
Facing
Side
none permitted
Pool equipment, air conditioning
equipment, water heaters (8),
barbecues, play equipment, and
similar accessory appliances and
equipment
Front none permitted
Rear 12 feet
Interior
Side
up to within 3 feet of property line
Street-
Facing
Side
none permitted
Chimneys Front none permitted
Rear 2 feet
ATTACHMENT 4-39
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Interior
Side
2 feet. Encroachment shall be a minimum of 3
feet from the property line
Street-
Facing
Side
2 feet
Portes-cochere Front none permitted
Rear none permitted
Interior
Side
up to 3 feet from the property line with a
minimum 5-foot setback from the primary front
building plane (9)
Street-
Facing
Side
none permitted
Notes/Additional Requirements:

1. Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops, storage sheds and buildings, pool houses, stables, corrals, and tack rooms. Second dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by a Conditional Use Permit, are not considered accessory structures subject to the encroachment provisions in this table.

2. Accessory structures are permitted to encroach within the standard side and rear setbacks to the minimum three (3) foot setbacks only when located in the rear one-third of the lot. See 10-1-603(G)(4) for information about accessory structure setback planes.

3. The three (3)-foot side and rear setbacks are not required for accessory structures along any side or rear property line that abuts an alley. However, the setback plane described in 10-1-603(G)(4) still applies.

4. On lots less than 26 feet wide, accessory structures are permitted to encroach within the three (3)-foot side and rear setbacks to a distance necessary to provide a garage or carport that meets the minimum size specified in Section 10-1-603(I).

5. Uncovered patios and porches in the front and street-facing side yards are subject to the hardscape limitations in 10-1-603(G)(5).

6. Porches, patios, decks, platforms, and balconies must be set back a minimum of 10 feet from interior side property lines. This requirement applies whether the porch, patio, deck, platform, or balcony is freestanding, attached to the main dwelling structure, or attached to an accessory structure.

ATTACHMENT 4-40

7. Stairways, ramps, and landings attached to an accessory structure may encroach to the same minimum setbacks as the accessory structure itself.

8. Water heater and equipment closets that are built-in to a structure or enclosed by structural walls or are within a cabinet are subject to the standard setback requirement for structural walls.

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).)
DIAGRAM 10-1-603(G)(2)(A): PERMITTED ENCROACHMENT FOR PORCHES

DIAGRAM 10-1-603(G)(2)(B): PERMITTED ENCROACHMENT FOR PORTES-COCHERE

3. Reverse Corner Lots. Where a reversed corner lot abuts a key lot (See Diagram 10-1-603(G)(3) below) and the key lot is located in a residential zone, the minimum required street-facing side yard setback and permitted encroachments for all structures and objects in the rear 30 feet of the reversed corner lot is equal to the required setback and permitted encroachments for structures and objects in the front yard of the key lot.

ATTACHMENT 4-41
Diagram 10-1-603(G)(3): LOTS

Setback planes are illustrated in Diagram 10-1-603(G)(4) and are defined as follows:
a. Setback planes extend inward from each side and rear property line at an angle of 45 degrees from the horizontal.
b. The base of each setback plane is a point located three (3) horizontal feet inward from the property line and 10 vertical feet above the top surface of the six (6) inch foundation stem wall of the accessory structure, or an equivalent vertical distance if the stem wall is a height other than six (6) inches. This applies whether the structure is built on slab or on a raised foundation.

DIAGRAM 10-1-603(G)(4): ACCESSORY STRUCTURE SETBACK PLANES

Reverse Corner
Lot
ATTACHMENT 4-42

5. Additional Requirements. The following requirements apply to all front yards and street-facing side yards:
a. No more than 45 percent of the required front yard or street-facing side yard setback area shall be hardscaped. For the purposes of this provision, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious or semi-pervious paved surfaces. An additional five (5) percent allowance for decorative brick sections or decorative paving within a landscaped area may be provided if needed for access or to complete a landscape design. If artificial turf is proposed for installation in the front yard, it shall be limited to half of the landscaped square footage. 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 the purpose of complying with Section 10-1-1403. c. No hardscaping is permitted next to a driveway so as to provide a continuous hardscaped surface greater than the allowed driveway w idth 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 different iated from the driveway by incorporating different surface material. Final design of driveway, pedestrian pathway, and percentage of landscaping in the front yard is subject to approval by Community Development Director or his/her designee. d. No vehicle shall be parked in a required front yard or street-facing side yard except on a driveway and subject to the limitations of Section 10-1-1405.
e. All areas within the required front yard and street-facing side yard setback that are not hardscaped must be landscaped. Such landscaping must be properly maintained. All newly installed landscaping must comply with State of California requirements for the use of water efficient landscaping and irrigation equipment, as adopted in Article 5, Chapter 3, Subsection 9-3-500 of the Municipal Code.

6. The City Planner and Traffic Engineer may approve exceptions to the requirements of this Subsection to allow for a turnaround area or circular driveway for a lot fronting on a major or secondary arterial street for the purpose of complying with Section 10-1-1403. See the Burbank 2035 Plan for an illustration of the major and secondary arterial streets.

7. No structures or objects may be constructed or placed in required yard areas except as permitted by this Section or as included in the definition of Landscaping in Section 10-1-203, and subject to the limitations of Section 10-1-603(H).

H. FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

ATTACHMENT 4-43
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 area 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, 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 4-44
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.

DIAGRAM 10-1-603(H)(1): FENCES AND WALLS

2. Other Yard Features.
a. Other yard features, including but not limited to natural features such as rocks; structural features such as arbors, pergolas, fountains, reflecting pools, art works, screens, light poles, benches, and other items included within the definition of Landscaping per Section 10-1-203 are limited to a maximum of two (2) features per street frontage within front and street-facing side yards. Such features must comply with the corner cutoff provisions of Section 10-1-1303.
b. Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and an interior length of three (3) feet, as measured from the highest abutting ground surface prior to grading. Other yard features are limited to a maximum height of six (6) feet and a maximum width of six (6) feet.
c. Enforcement of nonconforming yard features established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

3. Retaining Walls.
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 ATTACHMENT 4-45
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.

DIAGRAM 10-1-603(H)(3)(A): RETAINING WALL HEIGHT WITH PLANTED BUFFER

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 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.

ATTACHMENT 4-46
DIAGRAM 10-1-603(H)(3)(D): RETAINING WALL HEIGHT WITHIN FRONT YARD

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.

DIAGRAM 10-1-603(H)(3)(E): RETAINING WALL SETBACK
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.

No exceptions shall be granted for development standards for retaining walls located within the front yard setback area.

Maximum height of a fence in
combination with a retaining wall
ATTACHMENT 4-47
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.

I. PARKING AND DRIVEWAYS.

1. All parking required by this Section must be provided in a carport, as defined in Section 10-1-203, or in an enclosed garage. No more than one (1) side of a garage may be used for a door to provide vehicle access to the garage.

2. A space no less than nine (9) feet, six (6) inches wide and 19 feet deep must be provided for each required vehicle parking space inside a carport or garage. All parking spaces must be clear of and unobstructed by any encroachments, including but not limited to structural features, shelves, cabinets, appliances, and equipment.

3. For existing dwellings where the parking area in a garage or carport does not meet the minimum requirements of this Section, the existing parking area shall not be reduced or encroached upon, as determined by the dimensions of the physical space provided.

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 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, exclusive 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 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.

5. Garages located at the front of the main dwelling with a door parallel to the street must be located no closer to the front property line than 10 feet back from the ground floor front facade. An exception to the garage setback shall be granted by the Community Development Director or his/her designee when the ATTACHMENT 4-48
existing block face is already characterized by front facing garages with doors parallel to the front property line and not setback the required 10 feet for at least 40 percent of the houses on the block face.

6. Garages located at the front of the main dwelling must occupy no more than 50 percent of the width of the dwelling. A three car wide garage is allowed on lots that have a minimum width of 70 feet, but must be offset from the plane of the first two parking spaces by a minimum depth of four (4) feet. This standard applies whether the door is parallel or angled to the street. The Community Development Director or his/her designee shall approve minor exceptions to this requirement for irregular lots and narrow lots where there is less than fifty (50) feet of frontage.

DIAGRAM 10-1-603(I): MAXIMUM GARAGE WIDTHS AND OFFSETS REQUIRED

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.

8. Driveways must lead directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible. The City Planner and Traffic Engineer may approve exceptions to this requirement to allow for a turnaround area or circular driveway for a lot fronting on a major or secondary arterial street for the purpose of complying with Section 10-1-1403.

9. Driveways must be no less than 10 feet wide and must be improved with cement concrete, asphalt, brick, pavers, or another similar permanent surface approved by the Traffic Engineer. Driveways must remain clear and unobstructed by any structural elements or vegetation.

ATTACHMENT 4-49

10. When a turning movement is required to back out of a parking space, including but not limited to a curved driveway or access from an alley, a minimum backup turning radius of 24 feet must be provided for all parking spaces as measured from the exterior wall of the garage or carport.

11. Parking space access and minimum backup clearances must be provided as shown in Diagram 10-1- 603(I)(1) for all required parking spaces whether in a garage or carport or uncovered (in the case of parking for a second dwelling unit). The shaded clear driveway area shown in the diagram must be maintained as a driveway. The clear area must be improved with a permanent surface and must remain clear and unobstructed by any structural elements or vegetation.

12. The elevation of the floor of a garage or carport must be equal to or higher than the top of the curb at the front property line, unless the existing grade slopes downhill away from the street and the driveway follows the existing grade. The existing grade may not be altered for the purpose of lowering the elevation of a garage or carport floor below the top of the curb. Exceptions to this requirement may be granted through approval of a Conditional Use Permit.

DIAGRAM 10-1-603(I)(1): BACKUP CLEARANCE

ATTACHMENT 4-50
J. INTERNAL CIRCULATION.

All rooms attached to the main dwelling unit structure must provide interior access so as to maintain internal circulation among all rooms of the main dwelling. All stories, including usable basements and attics when applicable, must have interior stairway access and may not be accessible solely by an exterior stairway. Second dwelling units and water heater or equipment closets are exempt from this requirement.

K. MOBILE HOMES AND MANUFACTURED HOMES.

In addition to the other standards of this Section, the following requirements apply to all mobile homes and manufactured homes:

1. Homes must be manufactured after June 15, 1976, and must be manufactured to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974.

2. Homes must be installed on a permanent foundation system approved by the Building Official.

3. Exterior siding must be provided as necessary to screen an otherwise non-enclosed under floor area.

Such siding must extend to within six (6) inches of the ground surface on all sides of the home and must be made of a non-reflective material that simulates wood, stucco, or masonry.

4. Roofing materials must not consist of continuously rolled metal roofing or any reflective roofing material.

L. TREES.

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.]
M. DESIGN STANDARDS

1. The exterior design of all new additions and remodels that are exempt from SFDP shall match the architectural style of the main dwelling in terms of buildi ng forms, materials, colors, exterior finishes, roof forms and style of doors and windows.

2. Remodeling or additions in conjunction with a whole house demolition that are exempt from SFDP , as specified in Section 10 -1-607(C), shall comply with 360 -degree consistent architectural design by utilizing character defining features at all exterior elevations and comply with requirements of Neighborhood Compatibility Review - Design Guidelines Checklist.

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 entries 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 each 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 portion of the door that moves. Door frames do not count toward this standard.

3. A two-story project design shall provide landscape screening in the form of trees, shrubs, 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.

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 d. siding with a reflective surface that produces glare

5) Article 6, Division 1, Section 10-1-606: Development Standards For The Hillside Area, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-606: DEVELOPMENT STANDARDS FOR THE HILLSIDE AREA:

A. APPLICABILITY.

1. The requirements of this Section apply to all R-1 zoned properties located within the hillside area, as that area is defined in Subsection (2). The requirements of this Section supersede any conflicting standards of the R-1 Zone. All non-conflicting R-1 standards apply to R-1 zoned properties within the hillside area.

2. The hillside area is defined by the area bounded by the City boundaries with Glendale and Los Angeles and by the following streets as illustrated in Diagram 10-1-606(A): City boundary, Sunset Canyon Drive, Walnut Avenue, Bel Aire Drive, Cambridge Drive, Kenneth Road, Scott Road, City boundary.

ATTACHMENT 4-52
DIAGRAM 10-1-606(A): HILLSIDE AREA (SHADED)

B. HEIGHT FOR THE HILLSIDE AREA. Table 10-1-606(B) prescribes height standards associated with different sloped lots. The numbers in the right hand column refer to the diagram of upslope and downslope conditions. The building height shall be measured from finished or existing grade, whichever is lower.

ATTACHMENT 4-53
TABLE 10-1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE HILLSIDE AREA

Regulation Maximum
Height
# on
Diagram
Maximum Height Primary Building Above Natural grade 30 ft. ① Maximum Height Above Edge of Pavement (Downslope) 18 ft. ② Maximum Height Above the Ground Elevation at the Rear Setback Line (Upslope)
23 ft. ③
ATTACHMENT 4-54
TABLE 10-1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE HILLSIDE AREA

Regulation Maximum
Height
# on
Diagram
Maximum Height from Finished or Existing Grade (whichever is lower) within 25 ft. of front lot line
14 ft. ④
C. FLOOR AREA RATIO. When a Hillside Development Permit is required, the maximum floor area ratio and the maximum allowable house size may be reduced through reasonable conditions placed upon the permit when deemed necessary to satisfy the required findings for granting the permit per Section 10-1- 607(A)(2).

ATTACHMENT 4-55
D. SETBACKS FROM RIDGELINES. No structure shall be located within 100 feet, measured vertically, of the centerline of a major ridge, or within 50 feet, measured vertically, of the centerline of a minor ridge, as delineated in Diagrams 10-1-606(D)(1) and (2). When reviewing individual projects, the Planning Board may approve a more precise delineation as part of a Hillside Development Permit, based on a topographic map prepared by a licensed civil engineer with a contour interval of not more than 10 feet.

1. Grading and Design Standard. Where structures are proposed within 1,000 feet of a major ridge, the building pad shall be graded and the building designed so that the structure maintains a low-profile appearance and conforms to the natural grade of the hillside.

DIAGRAM 10-1-606(D)(1): RIDGELINE PROTECTION – MAJOR AND MINOR RIDGES

ATTACHMENT 4-56
DIAGRAM 10-1-606(D)(2): RIDGELINE PROTECTION – LOCATION OF CONSTRUCTION IN RELATION TO

MAJOR AND MINOR RIDGES

E. SETBACK LINES FOR VIEW DETERMINATION.

1. When the primary view from a property is from the front yard, rear yard, or both yards, a setback line is established in the primary view yard or yards by a line drawn from the nearest front or rear corner of existing homes on adjacent lots as illustrated in Diagram 10-1-606(E).

2. For the purposes of this Section, primary view means the following:
a. When a property has a downslope view, that view is the primary view, whether or not the property also has an upslope view.
b. When a property has an upslope view and no downslope view, the upslope view is the primary view. c. Where the direction of the primary view is unclear or disputed, the Community Development Director or his/her designee shall determine the primary view.

ATTACHMENT 4-57
DIAGRAM 10-1-606(E): FRONT AND REAR SETBACKS FOR VIEW DETERMINATION IN THE HILLSIDE AREA

3. An approved Hillside Development Permit is required for any extension beyond the setback line per Section 10-1-606(H). If the setback line is closer to the property line that the setback otherwise required for the R-1 Zone, the structure must observe the applicable minimum R-1 setback and encroachments per Table 10-1-603(G).

4. No main dwelling unit shall be located entirely on the rear half of a lot unless a Hillside Development Permit is approved per Section 10-1-606(H).

F. FENCES, WALLS, HEDGES AND SCREENING IN THE HILLSIDE AREA.

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.

ATTACHMENT 4-58
DIAGRAM 10-1-606(F): MINIMUM RETAINING WALL SEPARATION

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. 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 ATTACHMENT 4-59
through windows, variation in texture, or similar methods approved by the Director or his/her designee and must be screened by vegetation.

For houses with a gross floor area of more than 3,400 square feet, at least three of the spaces must be located in a carport or garage. Other required spaces may be located within a driveway, so long as the slope of the driveway area used for parking does not exceed five percent.

H. APPROVAL PROCESS. 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. 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.

1. The project involves the creation of a new building pad, cut or fill activity to expand an existing building pad, or any other grading activity, including but not limited to grading for structures, swimming pools, and expanded yard areas.

2. The structure extends beyond the front or rear yard setback lines per Subsection (D).

3. The height of the proposed structure to the top of the roof exceeds 16 feet.

4. The total gross square footage of all structures and spaces that are included in the floor area ratio calculation is greater than 3,000 square feet.

I. EXCEPTIONS. Exceptions to the development standards required by Section 10-1-603 for the R-1 Zone may be granted through approval of a Hillside Development Permit. A Hillside Development Permit may not be used to grant exceptions in lieu of a Variance unless a Hillside Development Permit is otherwise required by Subsection (H). No exceptions may be granted through a Hillside Development Permit unless the following findings are made:

1. The exception is not detrimental to the public health, safety, or general welfare.

2. Granting of the exception does not constitute a grant of special privilege inconsistent with the limitations upon other projects and/or properties in the vicinity.

3. The exception does not permit or encourage development inconsistent with the character of existing development in the neighborhood.

Such conditions or characteristics may be related to topography, location, orientation, or other issues that do not generally apply to properties or neighborhoods located outside of the hillside area. [Formerly numbered Section 31-30; Amended by Ord. No. 17-3,890, eff. 2/23/17; 3810; 3774, 3750; 3748, 3688, 3669, 3643, 3488, 3399, 3058, 2858, 2598, 2355, 2194.]
ATTACHMENT 4-60
6) Article 6, Division 1, Section 10 -1-607: Design Guidelines And Neighborhood Compatibility:

Single Family Development Permits/Hillside Development Permits, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-607: DESIGN GUIDELINES AND NEIGHBORHOOD COMPATIBILITY: SINGLE FAMILY DEVELOPMENT PERMITS/HILLSIDE DEVELOPMENT PERMITS:

A. APPLICABILITY AND AUTHORITY.

1. This Section outlines the process requirements and findings for two types of special permits Hillside Development Permit, applicable to the single family residential zones located within the designated hillside area of the City. Except as otherwise stated herein, the permits shall be processed and approved or denied in accordance with the Administrative Use Permit process set forth in Division 4.1 and with Article 19 of this Code, which authorizes the Director of Community Development, or his designee, to grant these permits, which may be appealed to Planning Board, then Council. The required findings shall be as set forth in this Section, and the noticing must be mailed to all property owners and occupants within a 300 foot radius of the property rather than a 1,000 foot radius.

2. For homes exempt from the neighborhood compatibility review as outlined in Section B(2) below, aAs part of the Building Permit Process, projects will be checked for conformance with the development standards for single family homes in the R1 and R1H zones and when the homes comply with those standards, the project shall be approved for Single Family Plan Check.

B. SECTION RESERVED DESIGN GUIDELINES/NEIGHBORHOOD COMPATIBILITY.

Notice of the hearings shall be newspaper advertisement at least once, ten days prior to the hearing. The Guidelines are incorporated hereto by this reference. Any future amendments adopted by resolution are also incorporated herein by this reference. The current Guidelines shall be available at the City Planners Office and the City Clerk’s Office, as well as on-line.

2. Purpose of Neighborhood Compatibility Review. 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 and 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 Design 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.

ATTACHMENT 4-61
C. SECTION RESERVED SINGLE FAMILY DEVELOPMENT PERMIT.

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 square 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.

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), 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 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.

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 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).

D. HILLSIDE DEVELOPMENT PERMIT.

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(GH).

ATTACHMENT 4-62

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 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.

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 by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17-3,890, eff. 2/23/17; 3669.]

ATTACHMENT 4-63
7) Article 6, Division 1, Section 10-1-609: Neighborhood Compatibility Review, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:
10-1-609: SECTION RESERVEDNEIGHBORHOOD COMPATIBILITY REVIEW:

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 and 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.]
8) Article 18, Division 4, Section 10-1-1810: Continuation Of Structure, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-1810: CONTINUATION OF STRUCTURE:

Any structure made nonconforming by this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. Such structure may not be enlarged or altered in a way which increases its nonconformity.

2. All enlargements, alterations and additions to such a structure shall conform to all standards and requirements of this Chapter for the zone in which the structure is located.

3. Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost immediately prior to destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. Provided however, that any single family or multiple family residential structure in a residential zone destroyed to such extent by means of fire, flood, wind, earthquake or other natural force or by action of the public enemy, may be rebuilt to the pre-destruction configuration and size, height, lot coverage, floor area ratio, amount of off-street parking, and number of dwelling units of the previous structure, upon granting of an Administrative Use Permit.

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 b e 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 the Building Official.

ATTACHMENT 4-64

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.

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.

6. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

7. Such structure may be repaired provided the repair work is done in compliance with the provisions of this section.

8. If provision is made for the termination of such structure or its nonconforming characteristics, any use of such land after termination shall conform to the requirements of this chapter for the zone in which it is located.

9. Stables and corrals for keeping horses shall conform, except that stables need not conform until a building, or addition to a building intended or used for human habitation exists or is hereafter constructed or moved upon abutting property and less than 20 feet separates the stable from any door, window, or other opening of the building or addition, in which case the stable shall be made to conform within one (1) year from the occurrence of such event.

10. Multiple family residential structures or properties that are made non-conforming with respect to the number of residential units due to a Zone Map or text amendment that decreases the permitted density shall not be considered non-conforming with respect to the number of units so long as all of the units were legal (as to their number) when originally constructed. The existing units on the property may be improved or expanded as if the number of units were conforming, subject to all other applicable development standards; provided, however, that any demolition or destruction of the existing structure(s) shall be subject to the requirements of this Section. This provision does not prevent a structure or property from being made non-conforming or from being considered an increase of non-conformity due to Zone Map or text amendments not pertaining to density, and does not otherwise exempt a structure from any provision of this Section or Chapter.

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City or State official charged with protecting the ATTACHMENT 4-65
public health or safety, upon order of such official.” [Formerly numbered Section 31-205; Renumbered by Ord. No. 3058, eff.2/21/87; Amended by Ord. No. 3647, eff. 10/23/04; 3643, 2597.]

ATTACHMENT 4-66

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF BURBANK MUNICIPAL CODE TO UPDATE DEFINITIONS AND STANDARDS PERTAINING TO SINGLE FAMILY RESIDENTIAL ZONES AND CONTINUATION OF NONCONFORMING STRUCTURES. (Zone Text Amendment; Project No. 21-0004984)
City Attorney’s Synopsis
This Ordinance amends the Burbank Municipal Code, Title 10, Chapter 1, by updating the zoning text regulating single family residential development in R -1 and R -1-H single f amily residential zones and continuation of nonconforming structures.

THE COUNCIL OF THE CITY OF BURBANK FINDS:

A. The City of Burbank (“City”) is amending regulations on single -family development in R -1 and R -1-H single family residential zones and nonconforming structures to remove inconsistencies and redundant information, incorporate needed definitions, and provide greater clarity in the thresholds that trigger a Single Family Development Permit as well as implementing more objective standards and desig n criteria that collectively facilitate better design for new single-family dwellings as well as the additions to, and remodel of existing homes; the proposed zone text amendment will also enable a more streamlined review these types of projects.

B. The City Council adopted Ordinance No. 17-3,890 on January 24, 2017 updating development standards for single-family developments in R-1 and R-1-H zones in order to regulate mass and bulk of new single- family residential dwellings as well as additions and remode ls of homes that had the potential to adversely impact the neighborhood character of single-family residential zones.

C. Since the implementation of updated standards regulating development of single -family dwellings in R-1 and R -1-H zones in 2017, City sta ff has received numerous concerns regarding regulatory constraints that the new regulations have created for small-scale additions and remodels. All proposals for remodels and additions are reviewed pursuant to the single family residential development standards, but the triggers related to permitted square footage of these projects versus the triggers for requiring a single family development permit have extended planning processing time for these type of developments in R -1 and R -1-H single family residen tial zones without significantly improving the overall design of a project.

D. The City acknowledges the need to address concerns regarding extended planning processing time for additions, remodels, and constructions in R-1 and R-1-H single family residential zones.

ATTACHMENT 4-67
F. The proposed Ordinance and resulting zone text amendment will benefit the community by cleanin g redundant and inconsistent language in the development standards, providing new definitions as required, enabling a more objective application of zoning code, facilitating an overall design for additions, remodels, and construction of new single -family dwellings that is consistent with the scale and character of the existing neighborhoods, while also streamlining City review of these projects.

G. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in which the project (i.e., zone text amendment to the single family residential zone development standards) has no potential for causing a significant effect on the environment as the proposed update to the single family residential development standards will not land uses that are no more intense than the buildout scenario analyzed in the Burbank2035 General Plan.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1) Article 2 Section 10-1-203: Definitions, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended to update the definitions for “Retaining Wall”, and “Demolition, Whole House”:
10-1-203: DEFINITIONS:

RETAINING WALL: Means a structure that retains (holds back) for more than six inches of any material (usually earth), above the footing and prevents it from sliding or eroding away. For purposes of measuring the height of a retaining wall, the exposed port ion 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. Portion of the wall not retaining dirt shall not be considered a retaining wall.

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 shall calculate the linear length of all exterior 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.
2) Article 6, Division 1, Section 10-1-601: Purpose, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-601: PURPOSE:

A. R-1.

B. R-1-H.

The R -1-H Single Family Residential Horsekeeping Zone is intended for neighborhoods of single family dwellings with incidental facilities for the keeping of horses, separated from multiple family and non - ATTACHMENT 4-68
residential uses. The R -1-H Zone is appropriate for very low density single family development with equestrian accommodations. The R-1-H Zone is generally not appropriate for non -residential development except for certain equestrian related facilities and other limited exceptions.

C. SECTION RESERVED.
[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.]
3) Article 6, Division 1, Section 10-1-602: Uses in R-1 and R-1-H zones, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:
10-1-602: USES IN R-1 AND R-1-H ZONES:

Uses are allowed in the R-1 and R-1-H zones as follows:

A. PERMITTED USES.

Table 10-1-602 identifies the land uses allowed by this Zoning Ordinance, and the land use permit, if any, required to establish a use or expand an existing use.

B. PROHIBITED LAND USES.

C. APPLICABLE SECTIONS.

Table 10-1-602
Permitted Uses in the R-1 and R-1-H Zones
Symbol Meaning
P Use is permitted
AUP Administrative use permit required (see Article 19, Division 4.1) CUP Conditional use permit required (see Article 19, Division 4) --- Use is prohibited
Land Use R-1 R-1-H Specific Use
Standards
Residential and Accessory Uses
ATTACHMENT 4-69
Land Use R-1 R-1-H Specific Use
Standards
Single family dwelling, not to exceed one per lot, including mobilehomes and manufactured homes P P
Single family dwellings, additional, on one lot CUP (1) CUP (1) Garages, private P (2) P (2)
Accessory structures, including minor structures for which no building permit is required (3) P (4) P (4) 10-1-604
Accessory uses typical for a single family home including tennis courts and swimming pools P P
Accessory dwelling unit and Junior accessory dwelling unit P P Article 6, Division 3
Home occupation P P Article 6,
Division 11
Home occupation, music lessons AUP AUP 10-1-672
Planned residential development CUP CUP Article 6,
Division 8
Stable or corral, non-commercial, for keeping horses owned by the owner or occupant of the property only --- P 10-1-605 Small family day care home P P
Large family day care home AUP AUP Article 6,
Division 13
Community care facility (licensed, six or fewer occupants) P P Community care facility (unlicensed, six or fewer occupants) P P Supportive Housing P (8) P (8)

Transitional Housing P (8) P (8)
Non-Residential Uses
Carnival conducted by a church, public or private school, service club, or nonprofit association or corporation CUP CUP
Church or church school CUP CUP
Educational institution, public or private CUP (5) CUP (5) Municipal fire station CUP CUP
Municipal library CUP CUP
Park or recreational facility, golf course, cultural facility; including incidental commercial uses commonly associated with a park or recreation use

CUP CUP

ATTACHMENT 4-70
Land Use R-1 R-1-H Specific Use
Standards
Parking lot, off-street CUP CUP Article 14,
Division 4
Public utility facility CUP CUP
Wireless Telecommunications Facility (6) (6) 10-1-1118
Equestrian and Special Uses
Animal hospital; no boarding --- CUP (7)
Blacksmith; horse shoeing only --- CUP (7)
Petting zoo --- CUP (7)
Plant nursery --- CUP (7)
Stable, commercial; including housing facilities for caretaker on premises --- CUP (7) Article 24,
Division 9
Cannabis Uses
Cannabis delivery --- --- 10-1-512
Commercial cannabis activities --- --- 10-1-512
Cultivation --- --- 10-1-512
Retailer --- --- 10-1-512
Notes/Additional Requirements:
(1) Additional single family dwellings legally constructed prior to June 4, 1963 are permitted uses that do not require a CUP.
(2) Intentionally deleted.
(3) Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops, storage sheds and buildings and pool houses. Accessory dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by conditional use permit, are not considered accessory structures.
(4) Intentionally deleted.
(5) Public educational institutions existing prior to June 1, 1978 are permitted uses that do not require a CUP.
(6) Permitted in accordance with Section 10-1-1118.
(7) Permitted only on properties with a land area of 12,000 square feet or greater that abut commercially zoned land.

ATTACHMENT 4-71
(8) Supportive Housing and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single- family is permitted in the R-1 and R-1-H residential zones, whereas transitional and supportive housing structured as multi-family is limited to the R-2, R-3, and R-4 residential zones. [Amended by Ord. No. 21-3,957, eff. 7/23/21; 20-3,932; 20-3,931; 19-3,930; 18-3,901; 17-3,898; Formerly numbered Section 31-27; 3890; 3872; 3840, 3817, 3697, 3669, 3622, 3535, 3399, 3139, 3127, 3058, 2858, 2754, 2727, 2371, 2322, 2183.]
4) Article 6, Division 1, Section 10-1-603: Property Development Standards, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-603: PROPERTY DEVELOPMENT STANDARDS:

A. STANDARDS TABLE. All land uses and structures, and alterations to existing land uses and structures, in the R-1 and R-1-H zones must be designed, constructed, and established consistent with the requirements in Table 10 -1-603(A) and all other applicable provisions of this Division and this Code. Numbers in parentheses within the table refer to notes and additional requirements listed at the end of the table. For items marked with an (H), the hillside development standards apply if the property is located within the hillside area, as defined in Section 10-1-606(A). Where the last column in the table includes a section number, the referenced section includes additional requirements related to the development standard. All properties located within the R-1-H Zone must further comply with the requirements set forth in Section 10- 1-605, and all properties located within the hillside area, as defined in Section 10-1-606(A), must further comply with the requirements set forth in Section 10-1-606.

TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional
or Related
Standards
Dimensions Related to Density
Minimum lot area 6,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Minimum lot area per primary
dwelling unit
6,000 square feet
Minimum lot area per additional
dwelling unit above first 6,000
5,750 square feet
ATTACHMENT 4-72
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional
or Related
Standards
square feet subject to CUP
approval
Minimum dwelling unit size 850 square feet
Minimum dwelling unit width (1) 20 feet
Maximum height: (2)
To top plate 22 feet 10-1-
603(C)
To top of pitched roof and
architectural features
30 feet (3) (4) 10-1-
603(C)
To top of flat roof, parapet, and
architectural features
23 feet 10-1-
603(C)
To top plate for accessory
structures
10 feet 10-1-
603(C)
To top of roof and architectural
features for accessory structures
14 feet (5) 10-1-
603(C)
Maximum number of stories 2; 3 stories if the third story is enclosed within a pitched roof (maximum height requirements
apply).

Maximum floor area ratio (H) 0.4 for lot area up to 7,500 square ft. plus 0.3 for lot area over 7,500 square ft. and 0.2 for lot area
over 15,000 square ft. (6)
10-1-
603(D)
Upper-story Stepbacks; Building
Plane Modulation
Required for all new dwellings and second story
additions.
10-1-
603(E);
Maximum lot coverage 50% (7) 10-1-
603(F)
ATTACHMENT 4-73
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional
or Related
Standards
Minimum yard setbacks (H)
Front Average front yard setback on the blockface. 10-1- 603(G)
Rear 15 feet 10-1-
603(G)
Interior side At least 10% of lot width, but no less than 3 feet and no more than 10 feet (8)
10-1-
603(G)
Street-facing side For the first story, no less than 10% of lot width or 5 feet and no more than 10 feet (8). For the second
story, 20% of lot width, but no less than 6 feet and
no more than 20 feet.
10-1-
603(G)
Maximum fence, wall, and
hedge heights (H)

Within the front yard setback
area
4 feet (9) (11)
6 feet (hedges only)
10-1-
603(H)
Within the street-facing side
yard setback area
6 feet (to rear of house) if 50% open; 4 feet if
solid (11)
8 feet (to rear of lot) (11)
10-1-
603(H)
Outside of the front yard or
street-facing side yard setback
area
8 feet
12 feet (hedges only)
10-1-
603(H)
Required trees for New Single
Family Homes
2 trees somewhere on the property, preferably
one in the front yard. (Can be existing trees)
10-1-
603(L)
Minimum number of off-street
parking spaces (H)

ATTACHMENT 4-74
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional
or Related
Standards
When main dwelling has a gross
floor area of 3,400 square feet or
less
2 (10) 10-1-
603(I)
When main dwelling has a gross
floor area of more than 3,400
square feet
3 (10) 10-1-
603(I)
Notes/Additional Requirements:
(H) For items marked with an (H), the hillside development standards apply if the property is located within the hillside area as defined in Section 10-1-606(A).

1. The minimum dwelling unit width does not apply when a narrower dwelling width is necessary to maintain the minimum required side yard setbacks.

3. To achieve this height, the minimum roof slope shall be 30 degrees above a horizontal plane.

5. On lots larger than 10,000 square feet, the maximum accessory structure height shall be 23 feet.

6. 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).

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.

8. In the front yard, 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 ATTACHMENT 4-75
standard shall be allowed for retaining walls in hillside areas through the Hillside Development Permit process.

9. The first two required parking spaces must not be tandem spaces. The third parking space may be a tandem space.

10. The height of the retaining wall adjacent to the sidewalk or the public right of way in front of the house must be measured along the sidewalk or the right of way, not the finished grade of the property.

B. CONFORMANCE TO APPROVED PLANS REQUIRED.

1. All plans submitted with a building permit shall incorporate all of the project elements reviewed as part of Hillside Development Permit, when applicable. All construction shall comply with approved plans that are part of the building permit following 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 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.

C. HEIGHT.

Diagram 10-1-603(C) illustrates the imaginary plane on a sloped lot and flat lot when measured from the existing grade to the top of the roof. A separate imaginary plane also parallel to the grade determines the maximum top plate height. With approval of a Conditional Use Permit, height may be measured from the average grade in lieu of being measured as described above. In this instance, average grade shall be the average of the highest and lowest finished ground surface elevations at the perimeter of the structure, whether or not the finished ground surface is higher than the existing ground surface.

ATTACHMENT 4-76
DIAGRAM 10-1-603(C): HEIGHT MEASUREMENT

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 23 feet above grade, or 11 feet above grade when on an accessory structure.

Any changes to the existing grade must be shown on the construction drawings and approved by the 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.

ATTACHMENT 4-77
D. FLOOR AREA RATIO.

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, accessory dwelling un its, enclosed patios, even when open on one or more sides, and sheds; except the following are excluded from the FAR calculation,
(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 exempt from FAR, the exemption shall not exceed 600 square feet; (b) front covered porches with up to 250 square feet if open on two sides and located on the ground floor, (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.

2. Floor Area shall be calculated for each story and includes the horizontal area within exterior finish face walls. The total gross floor area shall be the sum of the floor area for each story.

4. Basements with usable floor area that meet the minimum habitable room dimensions (area, height and width) as defined by the Building Code shall be counted toward the floor area ratio unless both of the following criteria are satisfied:
a. The finished floor level of the first story is no more than 24 inches above the adjoining ground surface for at least 50 percent of the perimeter of the basement; and b. The basement space is located directly beneath an enclosed space that is included in the floor area ratio calculation.

5. The following requirements apply to basements whether or not exempted from floor area ratio per Subsection (4) above.
a. The gross floor area of the basement must be included in the total house square footage for the purposes of determining the number of required off-street parking spaces; and ATTACHMENT 4-78
b. When built as part of an accessory structure, the gross floor area of the basement must be counted toward the square footage and size limitation of the accessory structure.

6. Portion of floor area within attics with a floor surface and a ceiling height of five feet or greater shall count toward the Floor Area Ratio.

7. The floor area for required parking provided underground shall not be counted when calculating the floor area ratio.

TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
3,500 1,400

0.4 4,000 1,600
4,500 1,800
5,000 2,000
5,500 2,200
6,000 2,400
6,500 2,600
ATTACHMENT 4-79
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
7,000 2,800
7,500 3,000
8,000 3,150

0.4 for up to 7,500; 0.3 for lot area over 7,500
8,500 3,300
9,000 3,450
9,500 3,600
10,000 3,750
10,500 3,900
11,000 4,050
11,500 4,200
12,000 4,350
12,500 4,500

13,000 4,650
ATTACHMENT 4-80
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
13,500 4,800
14,000 4,950
14,500 5,100
15,000 5,250
15,500 5,350 0.4 for up to 7,500; 0.3 for lot area over 7,500 but less than 15,000; and 0.2 for lot area over 15,000
16,000 5,450

16,500 5,550
17,000 5,650
17,500 5,750
18,000 5,850
18,500 5,950
19,000 6,050
19,500 6,150
ATTACHMENT 4-81
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
20,000 or
more
As determined by same
FAR formula

S = (I x L x 100)/A, where:

S = Average ground slope in percent, calculated for the entire lot I = Contour interval in feet. The contour interval shall be 10 feet or less.

L = The combined length in feet of all contour lines on the lot A = Gross area for the lot in square feet

11. Floor Area Ratio Exception
ATTACHMENT 4-82
a. A floor area ratio exception of up to ten (10) percent greater than the maximum square footage allowed for the lot may be granted by the Planning Board for an addition to an existing house that has already reached an FAR of .399. The exception requires a public hearing which must be in compliance with Article 19, Zoning Procedures, and requires notification of property owners within 300 feet.

An Example is listed below:

1. Eligibility. Only non-Hillside houses on lots of 7,000 square feet or smaller are candidates for an FAR exception.

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

E. UPPER-STORY STEPBACKS.

1. Front, second story.
a. If the front yard setback proposed for the finished wall of the first floor is greater than 35 feet, no additional setback is required for the second story.
b. If the front yard setback proposed for the finished wall of the first floor is 35 feet or less, the story setback is determined by a 60-degree inclined daylight plane extending from the intersection of the side property line and the existing grade at a point 12 feet above finished grade. See Diagram 10.1.603E(1)(A) below. Alternatively, if the front yard setback proposed for the finished wall of the first floor is between 30 and 35 feet, the second story may be setback an even five feet across the front. c. If the front yard setback proposed for the finished wall of the first floor is between 25 and 30 feet, the second story must be set back 10 feet.
d. Alternatively, if the front yard setback proposed for the finished wall of the first floor is 30 feet or greater, the second story shall be setback at least five (5) feet for 15 percent of the front elevation, and the total floor area of the second story shall not exceed 85 percent of the first story floor area. This option can ATTACHMENT 4-83
be integrated with side modulation options to achieve the 85 percent floor area reduction. See Diagram

10.1.603E(1)(B) below.
e. Exceptions to these setbacks may be granted if a project design follows the average front yard setback on the block.

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

3. No other exceptions are requested.

DIAGRAM 10-1-603(E)(1)(A): FRONT YARD BUILDING MODULATION ALTERNATIVE A

ATTACHMENT 4-84
DIAGRAM 10-1-603(E)(1)(B): FRONT YARD BUILDING MODULATION ALTERNATIVE B

2. Side, second story. The side yard setback for the second story must conform to one of the following three standards.
a. Standard E-(2)(a): At least 40 percent of the length of the second story is set back 4 feet from the first floor building face. See Diagram 10-1-603(E)(2)(A) below.

DIAGRAM 10-1-603(E)(2)(A): SIDE YARD BUILDING MODULATION ALTERNATIVE A

b. Standards E-(2)(b): At least 30 percent of the interior side of a building is offset a minimum of 5 feet in depth from the primary wall. See Diagram 10.1.603(E)(2)(B) below.

ATTACHMENT 4-85
DIAGRAM 10-1-603(E)(2)(B): SIDE YARD BUILDING MODULATION ALTERNATIVE B

c. Standard E-(2)(c): The second story setback is determined by a 45-degree inclined daylight plane extending from the intersection of the side property line and the existing grade at a point 12 feet above finished grade. See Diagram 10.1.603(E)(2)(C) below.

DIAGRAM 10-1-603(E)(2)(C): SIDE YARD BUILDING MODULATION ALTERNATIVE C

F. LOT COVERAGE.

Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, ATTACHMENT 4-86
carports, porte-cocheres, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. See Diagram 10.1.603(F) below. The following structures are excluded from this calculation:

1. Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, balconies, and stairways less than 18 inches in height at surface of deck (and less than six feet including railings);

2. Eaves and roof overhangs projecting up to two feet from a wall;

3. Trellises and similar structures that have roofs that are at least 50 percent open to the sky with uniformly distributed openings;

4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks;

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

6. R-1-H Zone Only. Stables, corrals, and tack rooms attached thereto.

DIAGRAM 10-1-603(F): DETERMINING LOT COVERAGE

G. YARDS.

ATTACHMENT 4-87
DIAGRAM 10-1-603(G): FRONT YARD AVERAGING
Average setback includes garages and encroachments of that constitute more than 40% of the front facade.

TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Structural walls and posts supporting
an overhead structure (except
accessory structures) and any
structural components or objects not
specifically listed in this table
Front none permitted
Rear none permitted
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Accessory structures (1) Front none permitted
Rear up to within 3 feet of property line but not
beyond setback plane (2)(3)
Interior
Side
up to within 3 feet of property line but not
beyond setback plane (2)(3)(4)
ATTACHMENT 4-88
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
none permitted
Eaves, canopies, porches including
their eaves, or balcony covers,
cornices, sills, etc.

Front 2.5 feet; 4 feet in the front yard for front
porches with a 5-foot minimum clear
horizontal dimension. The maximum height to
the top of roof for the front porch structure
shall be no more than 12 feet. See Diagram 10-
1-603(G)(2)(A)

Rear

Interior
Side
up to within 2.5 feet of property line (6)

Street-
Facing
Side

2.5 feet (6)
Garden window boxes and non-
structural bay windows
Front 2.5 feet
Rear 2.5 feet
Interior
Side
2 feet but no less than 3 feet from the property
line
Street-
Facing
Side

2.5 feet
Uncovered patios or porches at
ground level. For a built-up slab-on-
grade deck on a sloped lot, four inches
above the lowest adjacent grade are
permitted.

Front 4 feet (5)
Rear up to property line
Interior
Side
up to property line
Street-
Facing
Side
up to property line (5)
ATTACHMENT 4-89
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Uncovered porches, patios, decks, and
platforms above ground level and
supported from the ground (whether
freestanding or attached to a
structure)
Front 4 feet
Rear none permitted
Interior
Side
permitted with limitations (6)
Street-
Facing
Side
none permitted
Uncovered porches, patios, decks,
platforms, and balconies above
ground level, attached to a structure,
and not supported from the ground
Front 4 feet
Rear 5 feet
Interior
Side
permitted with limitations (6)
Street-
Facing
Side
up to within 10 feet of property line
Stairways, ramps, and landings leading
up to grade level from basement or
other below-grade space
Front 5 feet
Rear 5 feet
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Stairways, ramps, and landings leading
from one grade level to another grade
level or from grade level up to the first
floor level
Front up to property line
Rear up to property line
Interior
Side
up to property line
ATTACHMENT 4-90
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
up to property line
Stairways, ramps, and landings above
floor level of first story (6)(7)
Front 2.5 feet
Rear none permitted
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Above-ground and in-ground
swimming pools and spas (as
measured to water line)
Front none permitted
Rear 10 feet
Interior
Side
up to within 5 feet of property line
Street-
Facing
Side
none permitted
Pool equipment, air conditioning
equipment, water heaters (8),
barbecues, play equipment, and
similar accessory appliances and
equipment
Front none permitted
Rear 12 feet
Interior
Side
up to within 3 feet of property line
Street-
Facing
Side
none permitted
Chimneys Front none permitted
Rear 2 feet
ATTACHMENT 4-91
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Interior
Side
2 feet. Encroachment shall be a minimum of 3
feet from the property line
Street-
Facing
Side
2 feet
Portes-cochere Front none permitted
Rear none permitted
Interior
Side
up to 3 feet from the property line with a
minimum 5-foot setback from the primary
front building plane (9)
Street-
Facing
Side
none permitted
Notes/Additional Requirements:

5. Uncovered patios and porches in the front and street-facing side yards are subject to the hardscape limitations in 10-1-603(G)(5).

ATTACHMENT 4-92

7. Stairways, ramps, and landings attached to an accessory structure may encroach to the same minimum setbacks as the accessory structure itself.

8. Water heater and equipment closets that are built-in to a structure or enclosed by structural walls or are within a cabinet are subject to the standard setback requirement for structural walls.

9. 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).

DIAGRAM 10-1-603(G)(2)(A): PERMITTED ENCROACHMENT FOR PORCHES

DIAGRAM 10-1-603(G)(2)(B): PERMITTED ENCROACHMENT FOR PORTE-COCHERE

ATTACHMENT 4-93
Diagram 10-1-603(G)(3): LOTS

DIAGRAM 10-1-603(G)(4): ACCESSORY STRUCTURE SETBACK PLANES

Reverse
ATTACHMENT 4-94

5. Additional Requirements. The following requirements apply to all front yards and street-facing side yards:
a. No more than 45 percent of the required front yard or street-facing side yard setback area shall be hardscaped. For the purposes of this provision, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious or semi-pervious paved surfaces. An additional five (5) percent allowance for decorative brick sections or decorative paving within a landscaped area may be provided if needed for access or to complete a landscape design. If artificial turf is proposed for installation in the front yard, it shall be limited to half of the landscaped square footage. 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 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 the purpose of complying with Section 10-1-1403. c. No hardscaping is permitted next to a driveway so as to provide a continuous hardscaped surface. When a pedestrian pathway is provided, a landscape buffer shall be insta lled to separate the pedestrian pathway from the driveway. Pedestrian pathway shall be differentiated from the driveway by incorporating different surface material. Final design of driveway, pedestrian pathway, and percentage of landscaping in the front yard is subject to approval by Community Development Director or his/her designee. d. No vehicle shall be parked in a required front yard or street-facing side yard except on a driveway and subject to the limitations of Section 10-1-1405.
e. All areas within the required front yard and street-facing side yard setback that are not hardscaped must be landscaped. Such landscaping must be properly maintained. All newly installed landscaping must comply with State of California requirements for the use of water efficient landscaping and irrigation equipment, as adopted in Article 5, Chapter 3, Subsection 9-3-500 of the Municipal Code.

H. FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

ATTACHMENT 4-95
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. 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. f. Fence in the front yard setback area 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. g. The height of a fence, wall, or hedge is measured from the 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. 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, but each stair-step section, as measured from the horizontal midpoint, shall not exceed the maximum height.
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. 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. k. All fences, walls, and hedges must comply with the corner cutoff provisions of Section 10-1-1303. l. Gates are subject to the same requirements as fences and walls. 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. n. Enforcement of nonconforming fences and walls established prior to October 17, 2008 may be subject to abeyance pursuant to Section 10-1-19202.
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.

ATTACHMENT 4-96
DIAGRAM 10-1-603(H)(1): FENCES AND WALLS

3. Retaining Walls.
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 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 ATTACHMENT 4-97
sidewalk elevation. For streets with no sidewalk, retaining wall height shall be measured from the public right-of-way elevation.

DIAGRAM 10-1-603(H)(3)(A): RETAINING WALL HEIGHT WITH PLANTED BUFFER

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.
d. Walls shall not be placed above retaining walls within the front yard setback and street facing side yard setback.

DIAGRAM 10-1-603(H)(3)(D): RETAINING WALL HEIGHT WITHIN FRONT YARD

e. Additional retaining walls must be setback a distance equivalent to twice the height of the exposed retaining wall below as measured from lowest abutting finished ground surface, after any grading, cut, or fill activity.

Maximum height of a fence in
combination with a retaining wall
ATTACHMENT 4-98
DIAGRAM 10-1-603(H)(3)(E): RETAINING WALL SETBACK
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.

I. PARKING AND DRIVEWAYS.

4. Existing off-street parking must be maintained consistent with Subsection (3). In the following situations 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, exclusive of attached garages and detached accessory structures.
b. Whole house demolition of existing dwelling structure, whether or not the garage or carport structure is demolished. This requirement shall apply for detached and attached garages.

ATTACHMENT 4-99
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.

5. Garages located at the front of the main dwelling with a door parallel to the street must be located no closer to the front property line than 10 feet back from the ground floor front facade. An exception to the garage setback shall be granted by the Community Development Director or his/her designee when the existing block face is already characterized by front facing garages with doors parallel to the front property line and not setback the required 10 feet for at least 40 percent of the houses on the block face.

DIAGRAM 10-1-603(I): MAXIMUM GARAGE WIDTHS AND OFFSETS REQUIRED

7. 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.

ATTACHMENT 4-100

ATTACHMENT 4-101
DIAGRAM 10-1-603(I)(1): BACKUP CLEARANCE

J. INTERNAL CIRCULATION.

K. MOBILE HOMES AND MANUFACTURED HOMES.

In addition to the other standards of this Section, the following requirements apply to all mobile homes and manufactured homes:

1. Homes must be manufactured after June 15, 1976, and must be manufactured to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974.

2. Homes must be installed on a permanent foundation system approved by the Building Official.

ATTACHMENT 4-102

3. Exterior siding must be provided as necessary to screen an otherwise non-enclosed under floor area.

Such siding must extend to within six (6) inches of the ground surface on all sides of the home and must be made of a non-reflective material that simulates wood, stucco, or masonry.

4. Roofing materials must not consist of continuously rolled metal roofing or any reflective roofing material.

L. TREES.

When applying for a Hillside 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.]
M. DESIGN STANDARDS

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.

5) Article 6, Division 1, Section 10-1-606: Development Standards For The Hillside Area, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-606: DEVELOPMENT STANDARDS FOR THE HILLSIDE AREA:

A. APPLICABILITY.

DIAGRAM 10-1-606(A): HILLSIDE AREA (SHADED)

ATTACHMENT 4-104
TABLE 10-1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE HILLSIDE AREA

Regulation Maximum
Height
# on
Diagram
Maximum Height Primary Building Above Natural grade 30 ft. ① Maximum Height Above Edge of Pavement (Downslope) 18 ft. ② Maximum Height Above the Ground Elevation at the Rear Setback Line (Upslope)
23 ft. ③
ATTACHMENT 4-105
TABLE 10-1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE HILLSIDE AREA

ATTACHMENT 4-106
D. SETBACKS FROM RIDGELINES. No structure shall be located within 100 feet, measured vertically, of the centerline of a major ridge, or within 50 feet, measured vertically, of the centerline of a minor ridge, as delineated in Diagrams 10-1-606(D)(1) and (2). When reviewing individual projects, the Planning Board may approve a more precise delineation as part of a Hillside Development Permit, based on a topographic map prepared by a licensed civil engineer with a contour interval of not more than 10 feet.

DIAGRAM 10-1-606(D)(1): RIDGELINE PROTECTION – MAJOR AND MINOR RIDGES

ATTACHMENT 4-107
DIAGRAM 10-1-606(D)(2): RIDGELINE PROTECTION – LOCATION OF CONSTRUCTION IN RELATION TO

MAJOR AND MINOR RIDGES

E. SETBACK LINES FOR VIEW DETERMINATION.

ATTACHMENT 4-108
DIAGRAM 10-1-606(E): FRONT AND REAR SETBACKS FOR VIEW DETERMINATION IN THE HILLSIDE AREA

4. No main dwelling unit shall be located entirely on the rear half of a lot unless a Hillside Development Permit is approved per Section 10-1-606(H).

F. FENCES, WALLS, HEDGES AND SCREENING IN THE HILLSIDE AREA.

1. Fences and walls in the hillside area must comply with the height requirements specified in Table 10-1- 603(A). Hedges in front and street side setbacks are limited to four (4) feet in height.

3. Only two (2) retaining walls are allowed in the front yard setback area.

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.

ATTACHMENT 4-109
DIAGRAM 10-1-606(F): MINIMUM RETAINING WALL SEPARATION

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.

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.

9. Fences and walls may be required to be shorter by conditions placed upon a Hillside Development Permit, and Minor/Major Fence Exception Permit.

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

ATTACHMENT 4-110

2. The structure extends beyond the front or rear yard setback lines per Subsection (D).

3. The height of the proposed structure to the top of the roof exceeds 16 feet.

4. The total gross square footage of all structures and spaces that are included in the floor area ratio calculation is greater than 3,000 square feet.

1. The exception is not detrimental to the public health, safety, or general welfare.

2. Granting of the exception does not constitute a grant of special privilege inconsistent with the limitations upon other projects and/or properties in the vicinity.

3. The exception does not permit or encourage development inconsistent with the character of existing development in the neighborhood.

Such conditions or characteristics may be related to topography, location, orientation, or other issues that do not generally apply to properties or neighborhoods located outside of the hillside area. [Formerly numbered Section 31-30; Amended by Ord. No. 17-3,890, eff. 2/23/17; 3810; 3774, 3750; 3748, 3688, 3669, 3643, 3488, 3399, 3058, 2858, 2598, 2355, 2194.]
6) Article 6, Divisio n 1, Section 10 -1-607: Design Guidelines And Neighborhood Compatibility:

Single Family Development Permits/Hillside Development Permits, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-607: HILLSIDE DEVELOPMENT PERMITS:

A. APPLICABILITY AND AUTHORITY.

1. This Section outlines the process requirements and findings for Hillside Development Permit, applicable to the single family residential zones located within the designated hillside area of the City.

Except as otherwise stated herein, the permit shall be processed and approved or denied in accordance with the Administrative Use Permit process set forth in Division 4.1 and with Article 19 of this Code, which authorizes the Director of Community Development, or his designee, to grant these permits, which may be appealed to Planning Board, then Council. The required findings shall be as set forth in this Section, and the noticing must be mailed to all property owners and occupants within a 300 foot radius of the property rather than a 1,000 foot radius.

ATTACHMENT 4-111

2. As part of the Building Permit Process, projects will be checked for conformance with the development standards for single family homes in the R1 and R1H zones and when the homes comply with those standards, the project shall be approved for Plan Check.

B. SECTION RESERVED.

C. SECTION RESERVED.

D. HILLSIDE DEVELOPMENT PERMIT.

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. 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(H).

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:
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. 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 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).
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:

ATTACHMENT 4-112

4. Conditions may be necessary for the purpose of satisfying the required findings, ensuring conformance with the applicable development standards, mitigating environmental or other impacts of the project, and/or protecting the public health, safety, convenience, or welfare. Such conditions may be imposed. [Added by Ord. No. 2858; Formerly numbered Section 31-30.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17-3,890, eff. 2/23/17; 3669.]

7) Article 6, Division 1, Section 10-1-609: Neighborhood Compatibility Review, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:
10-1-609: SECTION RESERVED.
[Added by Ord. No. 17-3,890, eff. 2/23/17.]
8) Article 18, Division 4, Section 10-1-1810: Continuation Of Structure, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-1810: CONTINUATION OF STRUCTURE:

Any structure made nonconforming by this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. Such structure may not be enlarged or altered in a way which increases its nonconformity.

2. All enlargements, alterations and additions to such a structure shall conform to all standards and requirements of this Chapter for the zone in which the structure is located.

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 por tion 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 the Building Official.

ATTACHMENT 4-113
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.

6. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

7. Such structure may be repaired provided the repair work is done in compliance with the provisions of this section.

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City or State official charged with protecting the public health or safety, upon order of such official.” [Formerly numbered Section 31-205; Renumbered by Ord. No. 3058, eff.2/21/87; Amended by Ord. No. 3647, eff. 10/23/04; 3643, 2597.]

ATTACHMENT 4-114
Planning Board Minutes
October 25th 2021
CALL TO ORDER 6:01 p.m.

INVOCATION Mr. Rizzotti led the invocation.

FLAG SALUTE Mr. Rizzotti led the flag salute.

ANNOUNCEMENTS

HEARINGS

1. Project
No.21-
0004984 |
Zone Text
Amendment |
Resolution
None.

PROJECT DESCRIPTION:

A City Initiated Zone Text Amendment to amend Sections of Title 10 (Zoning) of the Burbank Municipal Code Pertaining to Definitions, Standards for Single Family Residential Zones and Nonconforming Structures.

Meeting Disclosures:

Mr. Rizzotti informed the Board that he has received several inquiries from the public regarding this item.

Notices Given:

Mr. Ramirez confirmed that the notices as required by law have been given.

ROLL CALL
Present- - - - Planning Board Members : Chair, Matt Gamboa, Vice Chair, Christopher Rizzotti and Board Member s, Apraham
Atteukenian and Robert Monaco
Absent- - - - Board Member Tammy Heiner
Also Present- Deputy City Attorney, Iain MacMillan Assistant Community Development Director, Fred Ramirez ; Deputy City Planner, Scott Plambaeck ; Associate Planner, Shipra Rajesh and
Planning Clerk, Natalie Amela.

ATTACHMENT 4-115
Staff Report:

Shipra Rajesh presented this item to the Board.

Public Comment:

Simon Hamel, Resident, expressed his concerns regarding the proposed Zone Text Amendment.

Response to Public Comment:

Ms. Rajesh clarified the following: design concerns that were mentioned by the public comment and review timeline of projects.

Mr. Ramirez expressed how the proposed Zone Text Amendment will aid in review processing time.

Board Q&A:

Mr. Monaco had inquiries regarding roof heights when it comes to roof-mounted air conditioner units.

Staff clarified that roof -mounted air conditioners are not measured when calculating roof height of a dwelling but there are screening restrictions when it comes to plac ing an air conditioner unit on t he roof.

Mr. Atteukenian inquired the following: what constitutes a hillside view; porch height ; attic clarification; and are the second -story setback requirements for the design review process changing with this proposed zone text amendment.

Staff clarified the primary hillside view ; why porch height is capped at 12 feet; attic space as is constitutes to structural flooring and FAR; and the requirement s for the Zone Text Amendment is expanding the applicability of second-story setbacks to all upper story additions and new constructions.

Mr. Rizzotti inquired the following: clarification on what triggers design review; architectural design requirements; front facing garage inquiries; inquiries on Exhibit D-8; and what is considered a mansion.

Staff clarified the following: what triggers a single -family special development permit; consistency with architectural design; percentage of front facing garages on the street requirements; building height and setbacks; and a development that surpasses the

0.4 FAR.

Deliberation:

ATTACHMENT 4-116
Mr. Rizzotti expressed his concerns about the timeline for review for projects and proposed that developments that remain under 0.35 or 35% FAR do not require a design review therefore creating a streamline process for City staff.

Mr. Atteukenian expressed his thoughts on setbacks as it pertains to bulk and mass and agrees in simplifying the single -family special development process.

Mr. Monaco expressed his concern on design review.

Mr. Gamboa expressed his thoughts on eliminating the design review regulations.

Mr. Rizzotti made a motion to adopt the resolution with the amendments of 0.4 or 40% FAR for one–story and second –story new developments and remodels and eliminating the single-family development permit and neighborhood design compatibility review from the zoning regulations . Seconded by Mr. Attuekenian, carried by a vote 3-1. Motion passes.

ORAL
COMMUNICATIONS None.

REPORTS

None.

APPROVAL OF

MINUTES
Mr. Rizzotti made a motion to approve the minutes of
October 11, 2021. Seconded by Mr. Monaco, carried by a
vote 2-0. Mr. Atteukenian and Mr. Gamboa abstained.

Motion passes.

ITEMS FROM THE

PLANNING BOARD

None.

ATTACHMENT 4-117

CITY PLANNER

COMMENTS

ADJOURNMENT
TO THE

PLANNING

BOARD MEETING

OF NOVEMBER
8TH 2021
Mr. Ramirez informed the Board that Senior Planner, Lisa Frank will be leaving the City of Burbank and thanked her for her hard work and professionalism during her time with the City.

Respectfully Submitted,
Secretary of the Planning Board
ATTACHMENT 4-118
ATTACHMENT 4-119
ATTACHMENT 4-120
ATTACHMENT 4-121
ATTACHMENT 4-122
ATTACHMENT 4-123
ATTACHMENT 4-124
ATTACHMENT 4-125
ATTACHMENT 4-126
ATTACHMENT 4-127
ATTACHMENT 4-128
ATTACHMENT 4-129
ATTACHMENT 4-130
RESOLUTION NO. ____

A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF BURBANK

RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF BURBANK MUNICIPAL CODE TO UPDATE STANDARDS AND

DEFINITIONS PERTAINING TO SINGLE FAMILY RESIDENTIAL ZONES AND CONTINUATION OF NONCONFORMING STRUCTURES.
(Zone Text Amendment; Project No. 21-0004984)

THE PLANNING BOARD OF THE CITY OF BURBANK FINDS:

A. The Planning Board of the City of Burbank at its meeting of October 25, 2021, held a public hearing that was continued from October 11, 2021 on Project No. 21-0004984 ( Zone Text Amendment to update standards and definitions pertaining to single family residential zones ) to amend the zoning text regulating single family residential development in R -1 and R -1-H single family residential zones and continuation of nonconforming structures, to enable shorter timeline for planning reviews, remove redundant information, and facilit ate better design for single -family dwellings.

B. Said hearing was properly noticed in accordance with the provisions of Burbank Municipal Code Section 10-1-1994.

C. The Planning Board considered the report and recommendations of the City Planner and the evidence presented at such hearing.

D. In accordance with the California Environmental Quality Act, the City Planner - proposed Zone Text Amendment and associated Ordinance has been determined to be exempt from environmental review pursuant to “common sense exemption” per Section 15061(b)(3) of the CEQA Guidelines, wherein the project in question has no potential for causing a significant effect on the environment.

E. In accordance with California Government Code Section 65860, the proposed Zone Text Amendment and associated Ordinance has been determined to be consistent with the General Plan of the City of Burbank and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and are compatible with the objectives, policies, general land uses and programs specified therein.

F. The Planning Board has reviewed the City Planner’s environmental assessment and concurs with the assessment that the project qualifies for “common sense exemption” pursuant to Section 15061(b)(3) of the CEQA Guidelines.

G. The documents and other materials that constitute the record of proceedings, upon which the decision to recommend approval of the proposed Zone Text Amendment (No. 21-0004984) and associated environmental assessment that the project qualifies for a statutory exemption under ATTACHMENT 4-131
CEQA, is
located in the Planning Division of the City of Burbank and the custodian of the record is the City Planner.

THE PLANNING BOARD OF THE CITY OF BURBANK RESOLVES:

This recommendation is based upon the Planning Board’s ability to make the following finding per California Government Code Section 65860:

FINDING FOR ZONE TEXT AMENDMENT:

The Zone Text Amendment to update the zoning text for single family residential development standards in R-1 and R-1-H zones and continuation of nonconforming structures to remove redundant information, facilitate better design for single -family dwellings, and enable shorter timeline for plan ning reviews is consistent with the General Plan of the City of Burbank and the provisions of Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code, and are compatible with the objectives, policies, general land uses and programs specified therein.

The Zone Text Amendment to update the zoning text for single family residential development standards in R -1 and R -1-H zones to remove redundant information, facilitate better design for single-family dwellings, enable shorter timeline for planning reviews is consistent with the objectives, policies, general land uses, and programs specified in the General Plan of the City of Burbank. The proposed amendments will modify specific development standards for single -family dwellings in R -1 and R -1-H single family zones consistent with the City’s Burbank2035 General Plan Land Use and Housing Element. Amendments proposed to specific development standards regulating construction in single family residential zones, such as maximum allowed top of the plate height, and permitting wider driveway while maintaining the minimum required landscaping in the front yard, are intended to provide flexibility in design keeping in mind the evolving nature of community within the City, consistent with Land Use Element Goal 3, Policy 3.11 of Burbank2035 General Plan.

Currently, per Section 10-1-607 of BMC, design guidelines are applicable to only those projects that require Single Family Development Permit (SFDP) discretionary approval.

The proposed amendments incorporate regulations on design and architectural compatibility for all new construction, additions, and remodels to single-family dwellings, ensuring better design and architectural compatibility consistent with Housing Element Goal 1, Policy 1.1 and Land Use Element Goal 3, Policy 3.5 of Burbank2035 General Plan. Moreover , by proposing amendments to the applicability of SFDP discretionary planning approval, the ZTA will encourage construction of single -story homes and ATTACHMENT 4-132
remodels t
hat are smaller in scale, mass, and bulk, consistent with Land Use Element Goal 3, Policy 3.9 and Land Use Element Goal 8, Policy 8.2 of Burbank2035 General Plan.

Furthermore, the proposed extension of SFDP discretionary approval for additions and remodeling work relating to National, State, and City designated historic resources, maintains consistency with Land Use Element Goal 3, Policy 3.10 of Burbank2035 General Plan.

The ZTA proposes to remove discretionary approval requirement for single -story additions and remodels that do not result in development that has an overall bulk and mass that would adversely impact the existing scale and character of a residential neighborhood within R -1 and R -1-H single-family residential zones and remove redundancy and inconsistencies from the zoning text regulating development standards for single family dwellings in R-1 and R-1-H zones, consistent with Housing Element Goal 4, Policy 4.2 of Burbank2035 General Plan.

The ZTA is consistent with Title 10, Chapter 1 (Zoning) of the Burbank Municipal Code.

Proposed text amendments do not alter the maximum allowed density in single -family residential zones and are consistent with the purpose of R -1 and R -1-H single -family residential zones. Current regulations on single -family residential zones lack design related standards for additions, remodels and new constructions that are exempt from Single Family Development Review discretionary approval. The proposed amendments include standards relating to design and architectural compatibility for all new constructions and additions to single-family dwellings, consistent with the purpose of Neighborhood Compatibility Review, as specified in Section 10-1-601 of BMC.

ATTACHMENT 4-133

2. The Secret
ary of the Planning Board shall forward a signed copy of this Resolution with the Planning Board’s report and decision to the City Council in accordance with Burbank Municipal Code Section 10-1-1993.

PASSED AND ADOPTED this day of , 2021.

CITY PLAN

NING BOARD
_______________________
Chairpe
rson

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF BURBANK
I, Fred Ramirez, Secretary of the Planning Board of the City of Burbank, certify that this Resolution was adopted by t he City Planning Board at its meeting held on the ___ day of _______, 2021, by the following vote:

AYES:

NOS:

ABSENT:

ABSTAINE
D:
________________________
Fred Ram
irez, Secretary
ATTACHMENT 4-134
Attachmen
t 1

Draft Ordinance

[Attached]

ATTACHMENT 4-135

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) OF BURBANK MUNICIPAL CODE TO UPDATE DEFINITIONS AND STANDARDS PERTAINING TO SINGLE FAMILY RESIDENTIAL ZONES AND CONTINUATION OF NONCONFORMING STRUCTURES. (Zone Text Amendment; Project No. 21-0004984)
City Attorney’s Synopsis
This Ordinance amends the Burbank Municipal Code, Title 10, Chapter 1, by updating the zoning text regulating single family residential development in R -1 and R -1-H single family residential zones and continuation of nonconforming structures.

THE COUNCIL OF THE CITY OF BURBANK FINDS:

D. The City acknowledges the need to address concerns regarding extended planning processing time for additions, remodels, and constructions in R-1 and R-1-H single family residential zones.

ATTACHMENT 4-136

F. The proposed Ordinance and resulting zone text amendment will benefit the community by cleaning redundant and inconsistent language in the development standards, providing new definitions as required, enabling a more objective application of zoning code, facilitating an overall design for additions, remodels, and construction of new single -family dwellings that is cons istent with the scale and character of the existing neighborhoods, while also streamlining City review of these projects.

G. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”) pursuant to Section 15061 (b)(3) of the CEQA Guidelines in which the project (i.e., zone text amendment to the single family residential zone development standards) has no potential for causing a significant effect on the environment as the proposed update to the single family residential development standards will not land uses that are no more intense than the buildout scenario analyzed in the Burbank2035 General Plan.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

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 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.
2) Article 6, Division 1, Section 10-1-603: Property Development Standards, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-603: PROPERTY DEVELOPMENT STANDARDS:

A. STANDARDS TABLE. All land uses and structures, and alterations to existing land uses and structures, in the R-1 and R-1-H zones must be designed, constructed, and established consistent with the requirements in Table 10 -1-603(A) and all other applicable provisions of this Division and this Code. Numbers in parentheses within the table refer to notes and additional requirements listed at the end of the table. For items marked with an (H), the hillside development standards apply if the property is located within the ATTACHMENT 4-137
hillside area, as defined in Section 10-1-606(A). Where the last column in the table includes a section number, the referenced section includes additional requirements related to the development standard. All properties located within the R-1-H Zone must further comply with the requirements set forth in Section 10- 1-605, and all properties located within the hillside area, as defined in Section 10-1-606(A), must further comply with the requirements set forth in Section 10-1-606.

TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional or
Related
Standards
Dimensions Related to Density
Minimum lot area 6,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Minimum lot area per primary
dwelling unit
6,000 square feet
Minimum lot area per additional
dwelling unit above first 6,000
square feet subject to CUP
approval
5,750 square feet
Minimum dwelling unit size 850 square feet
Minimum dwelling unit width (1) 20 feet
Maximum height: (2)
To top plate 20 22 feet 10-1-603(C)
To top of pitched roof and
architectural features
30 feet (3) (4) 10-1-603(C)
To top of flat roof, parapet, and
architectural features
23 feet 10-1-603(C)
To top plate for accessory
structures
10 feet 10-1-603(C)
ATTACHMENT 4-138
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional or
Related
Standards
To top of roof and architectural
features for accessory
structures
14 feet (5) 10-1-603(C)
Maximum number of stories 2; 3 stories if the third story is enclosed within a pitched roof (maximum height requirements
apply).

Maximum floor area ratio (H) 0.4 for lot area up to 7,500 square ft. plus 0.3 for lot area over 7,500 square ft. and 0.2 for lot area
over 15,000 square ft. (6)
10-1-603(D)
Upper-story Stepbacks;
Building Plane Modulation
Required when project is subject to
Neighborhood Compatibility Review for all new
dwellings and second story additions.
10-1-
603(E); 10-1-
609
Maximum lot coverage 50% (7) 10-1-603(F)
Minimum yard setbacks (H)
Front Average front yard setback on the blockface. 10-1-603(G) Rear 15 feet 10-1-603(G)
Interior side At least 10% of lot width, but no less than 3 feet and no more than 10 feet (8)
10-1-603(G)
Street-facing side For the first story, no less than 10% of lot width or 5 feet and no more than 10 feet (8). For the
second story, 20% of lot width, but no less than 6
feet and no more than 20 feet.
10-1-603(G)
Maximum fence, wall, and
hedge heights (H)

Within the front yard setback
area
4 feet (9) (11)
6 feet (hedges only)
10-1-603(H)
ATTACHMENT 4-139
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional or
Related
Standards
Within the street-facing side
yard setback area
6 feet (to rear of house) if 50% open; 4 feet if
solid (11)
8 feet (to rear of lot) (11)
10-1-603(H)
Outside of the front yard or
street-facing side yard setback
area
8 feet
12 feet (hedges only)
10-1-603(H)
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)
10-1-603(L)
Minimum number of off-street
parking spaces (H)

1. The minimum dwelling unit width does not apply when a narrower dwelling width is necessary to maintain the minimum required side yard setbacks.

3. To achieve this height, the minimum roof slope shall be 30 degrees above a horizontal plane.

4. Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops, storage sheds and ATTACHMENT 4-140
buildings, pool houses, stables, corrals, and tack rooms. Accessory dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by conditional use permit, are not considered accessory structures.

5. On lots larger than 10,000 square feet, the maximum accessory structure height shall be 23 feet.

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.

9. 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.

10. The first two required parking spaces must not be tandem spaces. The third parking space may be a tandem space.

11. The height of the retaining wall adjacent to the sidewalk or the public right of way in front of the house must be measured along the sidewalk or the right of way, not the finished grade of the property.

B. CONFORMANCE TO APPROVED PLANS 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. 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.

ATTACHMENT 4-141
C. HEIGHT.

Diagram 10-1-603(C) illustrates the imaginary plane on a sloped lot and flat lot when measured from the existing grade to the top of the roof. A separate imaginary plane also parallel to the grade determines the maximum top plate height. With approval of a Conditional Use Permit, height may be measured from the average grade in lieu of being measured as described above. In this instance, average grade shall be the average of the highest and lowest finished ground surface elevations at the perimeter of the structure, whether or not the finished ground surface is higher than the existing ground surface.

DIAGRAM 10-1-603(C): HEIGHT MEASUREMENT

ATTACHMENT 4-142

6. Top of the roof height of front porches shall be limited 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.
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 certification from the surveyor verifying the as-built condition.

D. FLOOR AREA RATIO.

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 exempt from FAR, the exemption shall not exceed 600 square feet; (2)(b) front covered porches with up to 250 square feet if open on two sides and located on the ground floor, and
(3)(c) stables, corrals, and tack rooms attached thereto are not included; (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.

2. Floor Area shall be calculated for each story and includes the horizontal area within exterior finish face walls. The total gross floor area shall be the sum of the floor area for each story.

ATTACHMENT 4-143

4. Basements with usable floor area that meet the minimum habitable room dimensions (area, height and width) as defined by the Building Code shall be counted toward the floor area ratio unless both of the following criteria are satisfied:
a. The finished floor level of the first story is no more than 24 inches above the adjoining ground surface for at least 50 percent of the perimeter of the basement; and b. The basement space is located directly beneath an enclosed space that is included in the floor area ratio calculation.

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.

7. The floor area for required parking provided underground shall not be counted when calculating the floor area ratio.

ATTACHMENT 4-144
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
3,500 1,400

0.4 4,000 1,600
4,500 1,800
5,000 2,000
5,500 2,200
6,000 2,400
6,500 2,600
7,000 2,800
7,500 3,000
8,000 3,150

0.4 for up to 7,500; 0.3 for lot area over 7,500
8,500 3,300
9,000 3,450
9,500 3,600
ATTACHMENT 4-145
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
10,000 3,750
10,500 3,900
11,000 4,050
11,500 4,200
12,000 4,350
12,500 4,500

13,000 4,650
13,500 4,800
14,000 4,950
14,500 5,100
15,000 5,250
15,500 5,350 0.4 for up to 7,500; 0.3 for lot area over 7,500 but less than 15,000; and 0.2 for lot area over 15,000
16,000 5,450
ATTACHMENT 4-146
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
16,500 5,550
17,000 5,650
17,500 5,750
18,000 5,850
18,500 5,950
19,000 6,050
19,500 6,150
20,000 or
more
As determined by same
FAR formula
DIAGRAM 10-1-603(D): FAR COMPARISON
FAR = 0.35 FAR = 0.40
ATTACHMENT 4-147

S = (I x L x 100)/A, where:

S = Average ground slope in percent, calculated for the entire lot ATTACHMENT 4-148
I = Contour interval in feet. The contour interval shall be 10 feet or less.

L = The combined length in feet of all contour lines on the lot A = Gross area for the lot in square feet

An Example is listed below:

1. Eligibility. Only non-Hillside houses on lots of 7,000 square feet or smaller are candidates for an FAR exception.

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.

E. UPPER-STORY STEPBACKS.

ATTACHMENT 4-149
c. If the front yard setback proposed for the finished wall of the first floor is between 25 and 30 feet, the second story must be set back 10 feet.
d. Alternatively, if the front yard setback proposed for the finished wall of the first floor is 30 feet or greater, the second story shall be setback at least five (5) feet for 15 percent of the front elevation, and the total floor area of the second story shall not exceed 85 percent of the first story floor area. This option can be integrated with side modulation options to achieve the 85 percent floor area reduction. See Diagram

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

3. No other design exceptions are requested.

DIAGRAM 10-1-603
(E)(1)(A): FRONT YARD BUILDING MODULATION ALTERNATIVE A

ATTACHMENT 4-150
DIAGRAM 10-1-603(E)(1)(B): FRONT YARD BUILDING MODULATION ALTERNATIVE B

2. Side, second story. The side yard setback for the second story must conform to one of the following four three standards.
a. Standard E-2a: At least 40 percent of the length of the second story is set back 4 feet from the first floor building face. See Diagram 10-1-603(E)(2)(A) below.

DIAGRAM 10-1-603(E)(2)(A): SIDE YARD BUILDING MODULATION ALTERNATIVE A

b. Standards E-2b: At least 30 percent of the interior side of a building is offset a minimum of 5 feet in depth from the primary wall. See Diagram 10.1.603(E)(2)(B) below.

ATTACHMENT 4-151
DIAGRAM 10-1-603(E)(2)(B): SIDE YARD BUILDING MODULATION ALTERNATIVE B

c. Standard E-(2)(C): The second story setback is determined by a 45-degree inclined daylight plane extending from the intersection of the side property line and the existing grade at a point 12 feet above finished grade. See Diagram 10.1.603(E)(2)(C) below.

DIAGRAM 10-1-603(E)(2)(C): SIDE YARD BUILDING MODULATION ALTERNATIVE C

F. LOT COVERAGE.

Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, ATTACHMENT 4-152
carports, porte-cocheres, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. See Diagram 10.1.603(F) below. The following structures are excluded from this calculation:

1. Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, balconies, and stairways less than 18 inches in height at surface of deck (and less than six feet including railings);

2. Eaves and roof overhangs projecting up to two feet from a wall;

3. Trellises and similar structures that have roofs that are at least 50 percent open to the sky with uniformly distributed openings;

4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks;

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; and

6. R-1-H Zone Only. Stables, corrals, and tack rooms attached thereto.

DIAGRAM 10-1-603(F): DETERMINING LOT COVERAGE
G. YARDS.

1. The minimum required setbacks for all yards are specified in Table 10-1-603(A). However, for front yard setbacks, an average front setback for adjoining and nearby lots shall be used. The average front yard setback shall be determined from lots on the same block that are within 250 feet on either side of the subject property. In calculating the average setbacks, measurements that vary from the average by more than 150 percent shall not be used to calculate the average. 1 a. In calculating the average front yard setback for houses with more than one plane, the plane closest to the street shall be used to determine the setback provided that plane constitutes at least 40 percent of the width of the house. See Diagram 10.1.603(G) below.

ATTACHMENT 4-153
DIAGRAM 10-1-603(G): FRONT YARD AVERAGING
Average setback includes garages and encroachments of that constitute more than 40% of the front facade.

TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Structural walls and posts supporting
an overhead structure (except
accessory structures) and any
structural components or objects not
specifically listed in this table
Front none permitted
Rear none permitted
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Accessory structures (1) Front none permitted
Rear up to within 3 feet of property line but not
beyond setback plane (2)(3)
Interior
Side
up to within 3 feet of property line but not
beyond setback plane (2)(3)(4)
ATTACHMENT 4-154
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
none permitted
Eaves, canopies, porches including
their eaves, or balcony covers,
cornices, sills, etc.

Rear

Interior
Side
up to within 2.5 feet of property line (6)

Street-
Facing
Side

2.5 feet (6)
Garden window boxes and non-
structural bay windows
Front 2.5 feet
Rear 2.5 feet
Interior
Side
2 feet but no less than 3 feet from the property
line
Street-
Facing
Side

2.5 feet
Uncovered patios or porches at
ground level. For a built-up slab-on-
grade deck on a sloped lot, four
inches above the lowest adjacent
grade are permitted.

Front 4 feet (5)
Rear up to property line
Interior
Side
up to property line
ATTACHMENT 4-155
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
up to property line (5)
Uncovered porches, patios, decks,
and platforms above ground level and
supported from the ground (whether
freestanding or attached to a
structure)
Front 4 feet
Rear none permitted
Interior
Side
permitted with limitations (6)
Street-
Facing
Side
none permitted
Uncovered porches, patios, decks,
platforms, and balconies above
ground level, attached to a structure,
and not supported from the ground
Front 4 feet
Rear 5 feet
Interior
Side
permitted with limitations (6)
Street-
Facing
Side
up to within 10 feet of property line
Stairways, ramps, and landings
leading up to grade level from
basement or other below-grade space
Front 5 feet
Rear 5 feet
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Stairways, ramps, and landings
leading from one grade level to
Front up to property line
Rear up to property line
ATTACHMENT 4-156
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
another grade level or from grade
level up to the first floor level
Interior
Side
up to property line
Street-
Facing
Side
up to property line
Stairways, ramps, and landings above
floor level of first story (6)(7)
Front 2.5 feet
Rear none permitted
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Above-ground and in-ground
swimming pools and spas (as
measured to water line)
Front none permitted
Rear 10 feet
Interior
Side
up to within 5 feet of property line
Street-
Facing
Side
none permitted
Pool equipment, air conditioning
equipment, water heaters (8),
barbecues, play equipment, and
similar accessory appliances and
equipment
Front none permitted
Rear 12 feet
Interior
Side
up to within 3 feet of property line
Street-
Facing
Side
none permitted
ATTACHMENT 4-157
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Chimneys Front none permitted
Rear 2 feet
Interior
Side
2 feet. Encroachment shall be a minimum of 3
feet from the property line
Street-
Facing
Side
2 feet
Portes-cochere Front none permitted
Rear none permitted
Interior
Side
up to 3 feet from the property line with a
minimum 5-foot setback from the primary front
building plane (9)
Street-
Facing
Side
none permitted
Notes/Additional Requirements:

5. Uncovered patios and porches in the front and street-facing side yards are subject to the hardscape limitations in 10-1-603(G)(5).

ATTACHMENT 4-158

7. Stairways, ramps, and landings attached to an accessory structure may encroach to the same minimum setbacks as the accessory structure itself.

8. Water heater and equipment closets that are built-in to a structure or enclosed by structural walls or are within a cabinet are subject to the standard setback requirement for structural walls.

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).)
DIAGRAM 10-1-603(G)(2)(A): PERMITTED ENCROACHMENT FOR PORCHES DIAGRAM 10-1-603(G)(2)(B): PERMITTED ENCROACHMENT FOR PORTES-COCHERE

3. Reverse Corner Lots. Where a reversed corner lot abuts a key lot (See Diagram 10-1-603(G)(3) below) and the key lot is located in a residential zone, the minimum required street-facing side yard setback and permitted encroachments for all structures and objects in the rear 30 feet of the reversed corner lot is ATTACHMENT 4-159
equal to the required setback and permitted encroachments for structures and objects in the front yard of the key lot.

Diagram 10-1-6
03(G)(3): LOTS

Setback planes are illustrated in Diagram 10-1-603
(G)(4) and are defined as follows:
a. Setback planes extend inward from each side and rear property line at an angle of 45 degrees from the horizontal.
b. The base of each setback plane is a point located three (3) horizontal feet inward from the property line and 10 vertical feet above the top surface of the six (6) inch foundation stem wall of the accessory structure, or an equivalent vertical distance if the stem wall is a height other than six (6) inches. This applies whether the structure is built on slab or on a raised foundation.

Reverse Corner Lot
ATTACHMENT 4-160
DIAGRAM 10-1-603(G)(4): ACCESSORY STRUCTURE SETBACK PLANES

5. Additional Requirements. The following requirements apply to all front yards and street-facing side yards:
a. No more than 45 percent of the required front yard or street-facing side yard setback area shall be hardscaped. For the purposes of this provision, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious or semi-pervious paved surfaces. An additional five (5) percent allowance for decorative brick sections or decorative paving within a landscaped area may be provided if needed for access or to complete a landscape design. If artificial turf is proposed for installation in the front yard, it shall be limited to half of the landscaped square footage. 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 the purpose of complying with Section 10-1-1403.
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. 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 driveway, pedestrian pathway, and percentage of landscaping in the front yard is subject to approval by Community Development Director or his/her designee. d. No vehicle shall be parked in a required front yard or street-facing side yard except on a driveway and subject to the limitations of Section 10-1-1405.

ATTACHMENT 4-161
e. All areas within the required front yard and street-facing side yard setback that are not hardscaped must be landscaped. Such landscaping must be properly maintained. All newly installed landscaping must comply with State of California requirements for the use of water efficient landscaping and irrigation equipment, as adopted in Article 5, Chapter 3, Subsection 9-3-500 of the Municipal Code.

6. The City Planner and Traffic Engineer may approve exceptions to the requirements of this Subsection to allow for a turnaround area or circular driveway for a lot fronting on a major or secondary arterial street for the purpose of complying with Section 10-1-1403
. See the Burbank 2035 Plan for an illustration of the
major and secondary arterial streets.

H. FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

1. Fences, Walls, and Hedges.
a. Fences, walls, and hedges shall not be composed, in whole or part, of dangerous wire types including, but not limited to: razor wire, 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 area 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, 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 ATTACHMENT 4-162
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.
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.

DIAGRAM 10-1-603(H)(1): FENCES AND WALLS
ATTACHMENT 4-163

3. Retaining Walls.
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.

DIAGRAM 10-1-603
(H)(3)(A): RETAINING WALL HEIGHT WITH PLANTED BUFFER
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.

ATTACHMENT 4-164
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 within the front yard setback and street facing side yard setback.

DIAGRAM 10-1-603(H)(3)(D): RETAINING WALL HEIGHT WITHIN FRONT YARD 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.

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 Maximum height of a fence in
combination with a retaining wall
ATTACHMENT 4-165
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 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.

I. PARKING AND DRIVEWAYS.

ATTACHMENT 4-166

5. Garages located at the front of the main dwelling with a door parallel to the street must be located no closer to the front property line than 10 feet back from the ground floor front facade. An exception to the garage setback shall be granted by the Community Development Director or his/her designee when the existing block face is already characterized by front facing garages with doors parallel to the front property line and not setback the required 10 feet for at least 40 percent of the houses on the block face.

DIAGRAM 10-1-603
(I): MAXIMUM GARAGE WIDTHS AND OFFSETS REQUIRED

ATTACHMENT 4-167

DIAGRAM 10-1-603
(I)(1): BACKUP CLEARANCE

ATTACHMENT 4-168
J. INTERNAL CIRCULATION.

K. MOBILE HOMES AND MANUFACTURED HOMES.

In addition to the other standards of this Section, the following requirements apply to all mobile homes and manufactured homes:

1. Homes must be manufactured after June 15, 1976, and must be manufactured to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974.

2. Homes must be installed on a permanent foundation system approved by the Building Official.

3. Exterior siding must be provided as necessary to screen an otherwise non-enclosed under floor area.

Such siding must extend to within six (6) inches of the ground surface on all sides of the home and must be made of a non-reflective material that simulates wood, stucco, or masonry.

4. Roofing materials must not consist of continuously rolled metal roofing or any reflective roofing material.

L. TREES.

1. The exterior design of all new additions and remodels that are exempt from SFDP shall match the architectural style of the main dwelling in terms of building forms, materials, colors, exterior finishes, roof forms and style of doors and windows.

3. All new single family constructions that are exempt from SFDP , as specified in Section 10 -1-607(C), shall comply with 360-degree consistent architectural design by utilizing character defining features at all exterior ATTACHMENT 4-169
elevations and comply with requirements of Neighborhood Compatibility Review - Design Guidelines Checklist.
3) Article 6, Division 1, Section 10-1-606: Development Standards For The Hillside Area, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:
10-1-606: DEVELOPMENT STANDARDS FOR THE HILLSIDE AREA:

A. APPLICABILITY.

DIAGRAM 10-1-606(A): HILLSIDE AREA (SHADED)
B. HEIGHT FOR THE HILLSIDE AREA. Table 10-1-606(B) prescribes height standards associated with different sloped lots. The numbers in the right hand column refer to the diagram of upslope and downslope conditions. The building height shall be measured from finished or existing grade, whichever is lower.

ATTACHMENT 4-170
TABLE 10-1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE HILLSIDE AREA Regulation Maximum
Height
# on
Diagram
Maximum Height Primary Building Above Natural grade 30 ft. ① Maximum Height Above Edge of Pavement (Downslope) 18 ft. ② Maximum Height Above the Ground Elevation at the Rear Setback Line (Upslope)
23 ft. ③
ATTACHMENT 4-171
TABLE 10-1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE HILLSIDE AREA Regulation Maximum
Height
# on
Diagram
Maximum Height from Finished or Existing Grade (whichever is lower) within 25 ft. of front lot line
14 ft. ④
C. FLOOR AREA RATIO. When a Hillside Development Permit is required, the maximum floor area ratio and the maximum allowable house size may be reduced through reasonable conditions placed upon the permit when deemed necessary to satisfy the required findings for granting the permit per Section 10-1- 607(A)(2).

ATTACHMENT 4-172
D. SETBACKS FROM RIDGELINES. No structure shall be located within 100 feet, measured vertically, of the centerline of a major ridge, or within 50 feet, measured vertically, of the centerline of a minor ridge, as delineated in Diagrams 10-1-606(D)(1) and (2). When reviewing individual projects, the Planning Board may approve a more precise delineation as part of a Hillside Development Permit, based on a topographic map prepared by a licensed civil engineer with a contour interval of not more than 10 feet.

DIAGRAM 10-1-606(D)(1): RIDGELINE PROTECTION – MAJOR AND MINOR RIDGES ATTACHMENT 4-173
DIAGRAM 10-1-606(D)(2): RIDGELINE PROTECTION – LOCATION OF CONSTRUCTION IN RELATION TO

MAJOR AND MINOR RIDGES

E. SETBACK LINES FOR VIEW DETERMINATION.

ATTACHMENT 4-174
DIAGRAM 10-1-606(E): FRONT AND REAR SETBACKS FOR VIEW DETERMINATION IN THE HILLSIDE AREA

4. No main dwelling unit shall be located entirely on the rear half of a lot unless a Hillside Development Permit is approved per Section 10-1-606(H).

F. FENCES, WALLS, HEDGES AND SCREENING IN THE HILLSIDE AREA.

ATTACHMENT 4-175
DIAGRAM 10-1-606(F): MINIMUM RETAINING WALL SEPARATION

7. Exception to the standards of retaining walls in the Hillside area can be granted by the Director or his/he
r 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 ATTACHMENT 4-176
through windows, variation in texture, or similar methods approved by the Director or his/her designee and must be screened by vegetation.

H. APPROVAL PROCESS. 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. 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.

2. The structure extends beyond the front or rear yard setback lines per Subsection (D).

3. The height of the proposed structure to the top of the roof exceeds 16 feet.

4. The total gross square footage of all structures and spaces that are included in the floor area ratio calculation is greater than 3,000 square feet.

I. EXCEPTIONS. Exceptions to the development standards required by Section 10-1-603 for the R-1 Zone
may be granted through approval of a Hillside Development Permit. A Hillside Development Permit may not be used to grant exceptions in lieu of a Variance unless a Hillside Development Permit is otherwise required by Subsection (H). No exceptions may be granted through a Hillside Development Permit unless the following findings are made:

1. The exception is not detrimental to the public health, safety, or general welfare.

2. Granting of the exception does not constitute a grant of special privilege inconsistent with the limitations upon other projects and/or properties in the vicinity.

3. The exception does not permit or encourage development inconsistent with the character of existing development in the neighborhood.

Such conditions or characteristics may be related to topography, location, orientation, or other issues that do not generally apply to properties or neighborhoods located outside of the hillside area. [Formerly numbered Section 31-30; Amended by Ord. No. 17-3,890, eff. 2/23/17; 3810; 3774, 3750; 3748, 3688, 3669, 3643, 3488, 3399, 3058, 2858, 2598, 2355, 2194.]
ATTACHMENT 4-177
4) Article 6, Division 1, Section 10 -1-607: Design Guidelines And Neighborhood Compatibility:

Single Family Development Permits/Hillside Development Permits, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-607: DESIGN GUIDELINES AND NEIGHBORHOOD COMPATIBILITY: SINGLE FAMILY DEVELOPMENT PERMITS/HILLSIDE DEVELOPMENT PERMITS:

A. APPLICABILITY AND AUTHORITY.

1. This Section outlines the process requirements and findings for two types of special permits applicable to the single family residential zones. Except as otherwise stated herein, the permits shall be processed and approved or denied in accordance with the Administrative Use Permit process set forth in Division 4.1 and with Article 19 of this Code, which authorizes the Director of Community Development, or his designee, to grant these permits, which may be appealed to Planning Board, then Council. The required findings shall be as set forth in this Section, and the noticing must be mailed to all property owners and occupants within a 300 foot radius of the property rather than a 1,000 foot radius.

2. For homes exempt from the neighborhood compatibility review as outlined in Section B(2) below, as part of the Building Permit Process, projects will be checked for conformance with the development standards for single family homes in the R1 and R1H zones and when the homes comply with those standards, the project shall be approved for Single Family Plan Check.

B. DESIGN GUIDELINES/NEIGHBORHOOD COMPATIBILITY.

C. SINGLE FAMILY DEVELOPMENT PERMIT.

ATTACHMENT 4-178

2. Applicability. Single Family Development Permits are required for:
1) for aAll new two-story single family construction that exceeds a 0.35 FAR or is larger than 3,000 square feet;
Exception:
a) All new one-story single family construction and single-story additions are exempt from SFDP. A one- story house or one-story addition shall have a maximum of 19’ to top of roof and 12' to top of plate. Any space with a ceiling or top plate exceeding the maximum allowed story height shall be considered as constituting two stories.
2) Remodeling of for all two-story single family homes where there is a whole house demolition, 3) For second story additions or remodels of existing homes adding more than 500 700 square feet, which do not meet the exception below:

Exception:
a) When a second story addition is not visible from public right-of-way excluding alley, no Single Family Development Permit is required.

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.
4) Additions and remodels that have the potential to alter the exterior elevations of an existing single family residential structure that is a National, State, and/or City designated historic resource.

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), 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 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.

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 ATTACHMENT 4-179
design review if, when the previous and new building permits are taken, the total square footage exceeds 500 700 square feet, or the FAR exceeds .35 (as defined by all building permits issued in the past two years).

D. HILLSIDE DEVELOPMENT PERMIT.

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

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. 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 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.

ATTACHMENT 4-180

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 500 700 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 by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17-3,890, eff. 2/23/17; 3669.] 5) Article 18, Division 4, Section 10 -1-1810: Continuation Of Structure, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-1810: CONTINUATION OF STRUCTURE:

Any structure made nonconforming by this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. Such structure may not be enlarged or altered in a way which increases its nonconformity.

2. All enlargements, alterations and additions to such a structure shall conform to all standards and requirements of this Chapter for the zone in which the structure is located.

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 the Building Official.

ATTACHMENT 4-181
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.

6. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

7. Such structure may be repaired provided the repair work is done in compliance with the provisions of this section.

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City or State official charged with protecting the public health or safety, upon order of such official.” [Formerly numbered Section 31-205; Renumbered by Ord. No. 3058, eff.2/21/87; Amended by Ord. No. 3647, eff. 10/23/04; 3643, 2597.]

ATTACHMENT 4-182
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. Chapter 1 of Title 10 of the Burbank Municipal Code is amended as follows:
1) Article 2 Section 10-1-203: Definitions, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended to update the definitions for “Retaining Wall”, and “Demolition, Whole House”:

RETAINING WALL: Means a structure that retains (holds back) for more than six inches of any material (usually earth), above the footing and prevents it from sliding or eroding away. For purposes 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 gradi ng, cut, or fill activity. The portion of the retaining wall that is not underground shall be considered exposed.

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

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 shall calculate the linear length of all exterior 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. 2) Article 6, Division 1, Section 10 -1-603: Property Development Standards, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:
10-1-603: PROPERTY DEVELOPMENT STANDARDS:

A. STANDARDS TABLE. All land uses and structures, and alterations to existing land uses and structures, in the R-1 and R-1-H zones must be designed, constructed, and established consistent with the requirements in Table 10 -1-603(A) and all other applicable provisions of this Division and this Code. Numbers in parentheses within the table refer to notes and additional requirements listed at the end of t he table. For items marked with an (H), the hillside development standards apply if the property is located within the hillside area, as defined in Section 10-1-606(A). Where the last column in the table includes a section number, the referenced section includes additional requirements related to the development standard. All properties located within the R -1-H Zone must further comply with the requirements set forth in Section 10-1-605, and all properties located within the hillside area, as defined in Section 10-1-606(A), must further comply with the requirements set forth in Section 10-1-606.

ATTACHMENT 4-183
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional
or Related
Standards
Dimensions Related to
Density

Minimum lot area 6,000 square feet
Minimum lot width 50 feet
Minimum lot depth 100 feet
Minimum lot area per primary
dwelling unit
6,000 square feet
Minimum lot area per
additional dwelling unit above
first 6,000 square feet subject
to CUP approval
5,750 square feet
Minimum dwelling unit size 850 square feet
Minimum dwelling unit
width (1)
20 feet
Maximum height: (2)
To top plate 22 feet 10-1-
603(C)
To top of pitched roof and
architectural features
30 feet (3) (4) 10-1-
603(C)
To top of flat roof, parapet, and
architectural features
23 feet 10-1-
603(C)
To top plate for accessory
structures
10 feet 10-1-
603(C)
To top of roof and architectural
features for accessory
structures
14 feet (5) 10-1-
603(C)
Maximum number of stories 2; 3 stories if the third story is enclosed within a pitched roof (maximum height
requirements apply).

ATTACHMENT 4-184
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional
or Related
Standards
Maximum floor area ratio (H) 0.4 for lot area up to 7,500 square ft. plus 0.3 for lot area over 7,500 square ft. and 0.2 for
lot area over 15,000 square ft. (6)
10-1-
603(D)
Upper-story Stepbacks;
Building Plane Modulation
Required for all new dwellings and second
story additions.
10-1-
603(E)
Maximum lot coverage 50% (7) 10-1-
603(F)
Minimum yard setbacks (H)
Front Average front yard setback on the blockface. 10-1- 603(G)
Rear 15 feet 10-1-
603(G)
Interior side At least 10% of lot width, but no less than 3 feet and no more than 10 feet (8)
10-1-
603(G)
Street-facing side For the first story, no less than 10% of lot width or 5 feet and no more than 10 feet (8).

For the second story, 20% of lot width, but no
less than 6 feet and no more than 20 feet.
10-1-
603(G)
Maximum fence, wall, and
hedge heights (H)
Within the front yard setback
area
4 feet (9) (11)
6 feet (hedges only)
10-1-
603(H)
Within the street-facing side
yard setback area
6 feet (to rear of house) if 50% open; 4 feet if
solid (11)
8 feet (to rear of lot) (11)
10-1-
603(H)
Outside of the front yard or
street-facing side yard setback
area
8 feet
12 feet (hedges only)
10-1-
603(H)
ATTACHMENT 4-185
TABLE 10-1-603(A): DEVELOPMENT STANDARDS
IN THE R-1 AND R-1-H ZONES
Development Standards R-1 and R-1-H
Additional
or Related
Standards
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)
10-1-
603(L)
Minimum number of off-
street parking spaces (H)

When main dwelling has a
gross floor area of 3,400 square
feet or less
2 (10) 10-1-
603(I)
When main dwelling has a
gross floor area of more than
3,400 square feet
3 (10) 10-1-
603(I)
Notes/Additional Requirements:
(H) For items marked with an (H), the hillside development standards apply if the property is located within the hillside area as defined in Section 10-1-606(A).

1. The minimum dwelling unit width does not apply when a narrower dwelling width is necessary to maintain the minimum required side yard setbacks.

2. Unless otherwise permitted by state or federal law, the maximum 30 -foot height limit also applies to freestanding structures other than buildings, including but not limited to antennas, satellite dishes, and flagpoles.

3. To achieve this height, the minimum roof slope shall be 30 degrees above a horizontal plane.

4. Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, work shops, storage sheds and buildings, pool houses, stables, corrals, and tack rooms. Accessory dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by conditional use permit, are not considered accessory structures.

5. On lots larger than 10,000 square feet, the maximum accessory structure height shall be 23 feet.

ATTACHMENT 4-186

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.

9. In the front yard 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.

10. The first two required parking spaces must not be tandem spaces. T he third parking space may be a tandem space.

B. CONFORMANCE TO APPROVED PLANS 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. 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.

C. HEIGHT.

1. For purposes of these standards, height shall be measured as the vertical distance from grade to an imaginary plane located the allowed number of feet (as listed in Table 10 -1-603(A)) above and parallel to the grade. The measurement is taken at each point along the face of the structure at no less than one foot intervals, and the reference grade shall be established as 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.

ATTACHMENT 4-187
Diagram 10-1-603(C) illustrates the imaginary plane on a sloped lot and flat lot when measured from the existing grade to the top of the roof. A separate imaginary plane also parallel to the grade determines the maximum top plate height. With approval of a Conditional Use Permit, height may be measured from the average grade in lieu of being measured as described above. In this instance, average grade shall be the average of the highest and lowest finished ground surface elevations at the perimeter of the structure, whether or not the finished ground surface is higher than the existing ground surface.

DIAGRAM 10-1-603(C): HEIGHT MEASUREMENT

4. Chimneys shall not extend more than 15 feet above the highest point of the roof or exceed a maximum height of 30 feet, or 17 feet on an accessory st ructure. Unless otherwise permitted by State or federal law, air conditioning units and other roof-mounted equipment shall not exceed 30 feet in height, or 17 feet on an accessory structure. All such equipment shall be screened so as to limit visibility from the right-of-way.

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 ATTACHMENT 4-188
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 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.

D. FLOOR AREA RATIO.

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, accessory dwelling units, enclosed patios, even when open on one or mo re sides, and sheds; except the following are excluded from the FAR calculation,
(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 exempt from FAR , the exemption shall not exceed 600 square feet;
(b) front covered porches with up to 250 square feet if open on two sides and located on the ground floor,
(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.

2. Floor Area shall be calculated for each story a nd includes the horizontal area within exterior finish face walls. The total gross floor area shall be the sum of the floor area for each story.

3. Any portion of a structure, including the area above a staircase, over 12 feet in interior height, shall count as floor area as if a second story were within the space. This means that any space with a ceiling or top plate exceeding the maximum allowed one story height shall be considered as constituting two stories for the purpose of calculating floor area a nd thus the ground floor area is counted twice. For purposes of measuring height in this section, it is measured from grade, not from finished floor.

ATTACHMENT 4-189

4. Basements with usable floor area that meet the minimum habitable room dimensions (area, height and w idth) as defined by the Building Code shall be counted toward the floor area ratio unless both of the following criteria are satisfied:
a. The finished floor level of the first story is no more than 24 inches above the adjoining ground surface for at least 50 percent of the perimeter of the basement; and b. The basement space is located directly beneath an enclosed space that is included in the floor area ratio calculation.

6. Portion of floor area within attics with a floor surface and a ceiling height of five feet or greater shall count toward the Floor Area Ratio.

7. The floor area for required parking provided underground shall not be counted when calculating the floor area ratio.

TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA

RATIO (FAR) BY LOT SIZE
Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
3,500 1,400

0.4 4,000 1,600
ATTACHMENT 4-190
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA

RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
4,500 1,800
5,000 2,000
5,500 2,200
6,000 2,400
6,500 2,600
7,000 2,800
7,500 3,000
8,000 3,150

0.4 for up to 7,500; 0.3 for lot area over 7,500
8,500 3,300
9,000 3,450
9,500 3,600
10,000 3,750
10,500 3,900
11,000 4,050
11,500 4,200
12,000 4,350
12,500 4,500
ATTACHMENT 4-191
TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA

RATIO (FAR) BY LOT SIZE

Lot Size
(Sq. Ft.)
Maximum Gross Floor
Area (Sq. Ft.) Maximum FAR
13,000 4,650
13,500 4,800
14,000 4,950
14,500 5,100
15,000 5,250
15,500 5,350 0.4 for up to 7,500; 0.3 for lot area over 7,500 but less than 15,000; and 0.2 for lot area over 15,000
16,000 5,450

16,500 5,550
17,000 5,650
17,500 5,750
18,000 5,850
18,500 5,950
19,000 6,050
19,500 6,150
20,000 or
more
As determined by same
FAR formula
DIAGRAM 10-1-603(D): FAR COMPARISON
ATTACHMENT 4-192
FAR = 0.35 FAR = 0.40

9. Calculating FAR on Flag Lots. That portion of the pole or stem portion of a flag lot that is in a shared driveway shall not be used in calculating the maximum allowable floor area within a given FAR allowance. However, land area in the pole portion with a minimum width of 15 feet, and not part of the shared driveway, and under control of a single owner shall be included in calculating the maximum allowable floor area within a given FAR allowance. Such pole area can only be counted for one lot.

10. Reduced FAR on Sloped Lots in the Hillside. The maximum FAR of 0.4 shall be reduced to

0.35 on all hillside lots with slopes in the 15 -29.99 percent range, as determined by the City, and to 0.30 for all hillside lots with slopes of 30 percent or more, as determined by the City. The ATTACHMENT 4-193
applicant shall provide a topographic map of the site showin g topographic features by means of contour lines, with slope calculated by the formula:

S = (I x L x 100)/A, where:

S = Average ground slope in percent, calculated for the entire lot I = Contour interval in feet. The contour interval shall be 10 feet or less.

L = The combined length in feet of all contour lines on the lot A = Gross area for the lot in square feet

An Example is listed below:

If a property is 6,000 square feet, the maximum square footage allowed for the lot is 2,400 square feet as determined by Table 10 -1-603(D). If a Floor Area Ratio Exception is approved by the Planning Board, the applicant would be able to increase their square footage by 10%, resulting in an increase of 240 square feet. This will result in the maximum square footage allowed for the lot to equal 2,640 square feet.

1. Eligibility. Only non-Hillside houses on lots of 7,000 square feet or smaller are candidates for an FAR exception.

2. Findings for approval. A floor area exception shall not be approved unless the Planning Board makes the Findings below:
i. The addition is on the first story, o f quality design, and consistent with the architectural character of the existing home;
ii. The addition does not propose a setback encroachment nor any exception from any other development standards; and
iii. The additional floor area is only intend ed 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.

E. UPPER-STORY STEPBACKS.

10.1.603E(1)(A) below. Alternatively, if the front yard setback proposed for the finished wall of the first floor is between 30 and 35 feet, the second story may be setback an even five feet across the front.
c. If the front yard setback proposed for the finished wall of the first floor is between 25 and 30 feet, the second story must be set back 10 feet.
d. Alternatively, if the front yard setback proposed for the finished wall of the first floor is 30 feet or greater, the second story shall be setback at least f ive (5) feet for 15 percent of the front elevation, and the total floor area of the second story shall not exceed 85 percent of the first story floor area. This option can be integrated with side modulation options to achieve the 85 percent floor area reduction. See Diagram 10.1.603E(1)(B) below. 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:

3. No other design exceptions are requested.

DIAGRAM 10-1-603(E)(1)(A): FRONT YARD BUILDING MODULATION

ALTERNATIVE A

ATTACHMENT 4-195
DIAGRAM 10-1-603(E)(1)(B): FRONT YARD BUILDING MODULATION

ALTERNATIVE B

2. Side, second story. The side yard setback for the second story must conform to one of the following three standards.
a. Standard E-2a: At least 40 percent of the length of the second story is set back 4 feet from the first floor building face. See Diagram 10-1-603(E)(2)(A) below.

DIAGRAM 10-1-603(E)(2)(A): SIDE YARD BUILDING MODULATION ALTERNATIVE A

b. Standards E-2b: At least 30 percent of the interior side of a building is offset a minimum of 5 feet in depth from the primary wall. See Diagram 10.1.603(E)(2)(B) below.

ATTACHMENT 4-196
DIAGRAM 10-1-603(E)(2)(B): SIDE YARD BUILDING MODULATION ALTERNATIVE B

c. Standard E-(2)(C): The second story setback is determined by a 45 -degree inclined daylight plane extending from the intersection of the side property line and the existing grade at a point 12 feet above finished grade. See Diagram 10.1.603(E)(2)(C) below.

DIAGRAM 10-1-603(E)(2)(C): SIDE YARD BUILDING MODULATION ALTERNATIVE C

ATTACHMENT 4-197
F. LOT COVERAGE.

Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, porte-cocheres, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. See Dia gram 10.1.603(F) below. The following structures are excluded from this calculation:

1. Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, balconies, and stairways less than 18 inches in height at surface of deck (and less than six feet including railings);

2. Eaves and roof overhangs projecting up to two feet from a wall;

3. Trellises and similar structures that have roofs that are at least 50 percent open to the sky with uniformly distributed openings;

4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks;

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

6. R-1-H Zone Only. Stables, corrals, and tack rooms attached thereto.

DIAGRAM 10-1-603(F): DETERMINING LOT COVERAGE

G. YARDS.

1. The minimum required setbacks for all yards are specified in Table 10 -1-603(A). However, for front yard setbacks, an average front setback for adjoining and nearby lots shall be used. The average front yard setback shall be determined from lots on the same block that are within 250 feet on either side of the subject property. In calculating the average setbacks, measurements that vary from the average by more than 150 percent shall not be used to calculate the average.1 a. In calculating the average front yard setback for houses with more than one plane, the plane closest to the street shall be used to determine the setback provided that plane constitutes at least 40 percent of the width of the house. See Diagram 10.1.603(G) below.

ATTACHMENT 4-198
DIAGRAM 10-1-603(G): FRONT YARD AVERAGING
Average setback includes garages and encroachments of that constitute more t han 40% of the front facade.

All setbacks and encroachments are measured perpendicular to the property line.

TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Structural walls and posts
supporting an overhead structure
(except accessory structures) and
any structural components or objects
not specifically listed in this table
Front none permitted
Rear none permitted
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Accessory structures (1) Front none permitted
Rear up to within 3 feet of property line but not
beyond setback plane (2)(3)
Interior
Side
up to within 3 feet of property line but not
beyond setback plane (2)(3)(4)
ATTACHMENT 4-199
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
none permitted

Eaves, canopies, porches including
their eaves, or balcony covers,
cornices, sills, etc.

Front 2.5 feet; 4 feet in the front yard for front
porches with a 5 -foot minimum clear
horizontal dimension. The maximum height
to the top of roof for the front porch
structure shall be no more than 12 feet. See
Diagram 10-1-603(G)(2)(A)
Rear

Interior
Side
up to within 2.5 feet of property line (6)

Street-
Facing
Side

2.5 feet (6)
Garden window boxes and non -
structural bay windows
Front 2.5 feet
Rear 2.5 feet
Interior
Side
2 feet but no less than 3 feet from the
property line
Street-
Facing
Side

2.5 feet
Uncovered patios or porches at
ground level. For a built-up slab-on-
grade deck on a sloped lot, four
inches above the lowest adjacent
grade are permitted.

Front 4 feet (5)
Rear up to property line
Interior
Side
up to property line
Street-
Facing
Side
up to property line (5)
Uncovered porches, patios, decks,
and platforms above ground level
Front 4 feet
Rear none permitted
ATTACHMENT 4-200
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
and supported from the ground
(whether freestanding or attached to
a structure)
Interior
Side
permitted with limitations (6)
Street-
Facing
Side
none permitted
Uncovered porches, patios, decks,
platforms, and balconies above
ground level, attached to a structure,
and not supported from the ground
Front 4 feet
Rear 5 feet
Interior
Side
permitted with limitations (6)
Street-
Facing
Side
up to within 10 feet of property line
Stairways, ramps, and landings
leading up to grade level from
basement or other below-grade
space
Front 5 feet
Rear 5 feet
Interior
Side
none permitted
Street-
Facing
Side
none permitted
Stairways, ramps, and landings
leading from one grade level to
another grade level or from grade
level up to the first floor level
Front up to property line
Rear up to property line
Interior
Side
up to property line
Street-
Facing
Side
up to property line
Stairways, ramps, and landings
above floor level of first story (6)(7)
Front 2.5 feet
Rear none permitted
Interior
Side
none permitted
ATTACHMENT 4-201
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
none permitted
Above-ground and in -ground
swimming pools and spas (as
measured to water line)
Front none permitted
Rear 10 feet
Interior
Side
up to within 5 feet of property line
Street-
Facing
Side
none permitted
Pool equipment, air conditioning
equipment, water heaters (8),
barbecues, play equipment, and
similar accessory appliances and
equipment
Front none permitted
Rear 12 feet
Interior
Side
up to within 3 feet of property line
Street-
Facing
Side
none permitted
Chimneys Front none permitted
Rear 2 feet
Interior
Side
2 feet. Encroachment shall be a minimum of
3 feet from the property line
Street-
Facing
Side
2 feet
Porte-cochere Front none permitted
Rear none permitted
Interior
Side
up to 3 feet from the property line with a
minimum 5 -foot setback from the primary
front building plane (9)
ATTACHMENT 4-202
TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS
Structure/Object Setback
Type Maximum Encroachment
Street-
Facing
Side
none permitted
Notes/Additional Requirements:

1. Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garage s, gazebos, workshops, storage sheds and buildings, pool houses, stables, corrals, and tack rooms. Second dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by a Conditional Use Permit, are not considered accessory structures subject to the encroachment provisions in this table.

2. Accessory structures are permitted to encroach within the standard side and rear setbacks to the minimum three (3) foot setbacks only when located in the rear one -third of the lot. See 10-1- 603(G)(4) for information about accessory structure setback planes.

3. The three (3)-foot side and rear setbacks are not re quired for accessory structures along any side or rear property line that abuts an alley. However, the setback plane described in 10-1- 603(G)(4) still applies.

5. Uncovered patios and porches in the front and street -facing side yards are subject to the hardscape limitations in 10-1-603(G)(5).

6. Porches, patios, decks, platforms, and balconies must be set back a minimum of 10 feet from interior side property lines. This requirement applies whe ther the porch, patio, deck, platform, or balcony is freestanding, attached to the main dwelling structure, or attached to an accessory structure.

7. Stairways, ramps, and landings attached to an accessory structure may encroach to the same minimum setbacks as the accessory structure itself.

8. Water heater and equipment closets that are built -in to a structure or enclosed by structural walls or are within a cabinet are subject to the standard setback requirement for structural walls.

9. 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).

ATTACHMENT 4-203
DIAGRAM 10-1-603(G)(2)(A): PERMITTED ENCROACHMENT FOR PORCHES

DIAGRAM 10-1-603(G)(2)(B): PERMITTED ENCROACHMENT FOR PORTE-

COCHERE

3. Reverse Corner Lots. Where a reversed corner lot abuts a key lot (See Diagram 10-1- 603(G)(3) below) and the key lot is located in a residential zone, the minimum required street - facing side yard setback and permitted encroachments for all structures and objects in the rear 30 feet of the reversed corner lot is equal to the required setback and permitted encroachments for structures and objects in the front yard of the key lot.

Diagram 10-1-603(G)(3): LOTS

ATTACHMENT 4-204

4. Accessory Structures. In addition to the minimum setbacks prescribed in Table 10-1-603(G), the top plate of the first or second story of an accessory structure may not extend above the prescribed setback planes. Only roof and related architectural fe atures are permitted to extend above the setback planes. Setback planes are illustrated in Diagram 10-1-603(G)(4) and are defined as follows:
a. Setback planes extend inward from each side and rear property line at an angle of 45 degrees from the horizontal.
b. The base of each setback plane is a point located three (3) horizontal feet inward from the property line and 10 vertical feet above the top surface of the six (6) inch foundation stem wall of the accessory structure, or an equivalent vertical distance if the stem wall is a height other than six (6) inches. This applies whether the structure is built on slab or on a raised foundation.

DIAGRAM 10-1-603(G)(4): ACCESSORY STRUCTURE SETBACK PLANES

5. Additional Requirements. The following requirements apply to all front yards and street - facing side yards:

ATTACHMENT 4-205
a. No more than 45 percent of the required front yard or street-facing side yard setback area shall be hardscaped. For the purposes of this provision, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious or semi -pervious paved surfaces. An additional five (5) percent allowance for decorative brick sections or decorative paving within a landscaped area may be provided if needed for access or to complete a landscape design. If artificial turf is proposed for installation in the front yard, it shall be limited to half of the landscaped square footage. 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 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 the purpose of complying with Section 10-1-1403.
c. No hardscaping is permitted next to a driveway so as to provide a continuous hardscaped surface. 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 driveway, pedestrian pathway, and percentage of landscaping in the front yard is subject to approval by Community Development Director or his/her designee.
d. No vehicle shall be parked in a required front yard or street -facing side yard except on a driveway and subject to the limitations of Section 10-1-1405. e. All areas within the required front yard and street -facing side yard setback that are not hardscaped must be landscaped. Such landscaping must be properly maintained. All newly installed landscaping must comply with State of California requirements fo r the use of water efficient landscaping and irrigation equipment, as adopted in Article 5, Chapter 3, Subsection 9-3- 500 of the Municipal Code.

H. FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

ATTACHMENT 4-206
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. 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. f. Fence in the front yard setback area 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.
g. The height of a fence, wall, or hedge is measured from the abutting natural grade, prior to any grading, cut, or fill activity, or abu tting finished grade, after any grading, cut, or fill activity, whichever is lower.
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, but each stair -step section, a s measured from the horizontal midpoint, shall not exceed the maximum height. 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. 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.
k. All fences, walls, and hedges must comply with the corner cutoff provisions of Section 10-1- 1303.
l. Gates are subject to the same requirements as fences and walls. 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. n. Enforcement of nonconforming fences and walls estab lished prior to October 17, 2008 may be subject to abeyance pursuant to Section 10-1-19202.
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.

ATTACHMENT 4-207
DIAGRAM 10-1-603(H)(1): FENCES AND WALLS

2. Other Yard Features.
a. Other yard features, including but not limited to natural features such as rocks; structural features such as arbors, pergolas, fountains, reflecting pools, art works, screens, light poles, benches, and other items included with in the definition of Landscaping per Section 10-1-203 are limited to a maximum of two (2) features per street frontage within front and street -facing side yards. Such features must comply with the corner cutoff provisions of Section 10-1-1303. b. Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and an interior length of three (3) feet, as measured from the highest abutting ground surface prior to grading. Other yard features are limited to a maximum height of six (6) feet and a maximum width of six (6) feet.
c. Enforcement of nonconforming yard features established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

3. Retaining Walls.
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 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 ATTACHMENT 4-208
measured from the sidewalk elevation. For streets with no sidewalk, retaining wall height shall be measured from the public right-of-way elevation.

DIAGRAM 10-1-603(H)(3)(A): RETAINING WALL HEIGHT WITH PLANTED BUFFER
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.
d. Walls shall not be placed above retaining walls within the front yard setback and street facing side yard setback.

DIAGRAM 10-1-603(H)(3)(D): RETAINING WALL HEIGHT WITHIN FRONT YARD

ATTACHMENT 4-209
DIAGRAM 10-1-603(H)(3)(E): RETAINING WALL SETBACK

f. Nonconforming retaining walls established prior to Octo ber 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 prot ecting the public health or safety, can be replaced to previous height and location upon order of such official.

I. PARKING AND DRIVEWAYS.

1. All parking required by this Section must be provided in a carport, as defined in Section 10- 1-203, or in an enclosed garage. No more than one (1) side of a garage may be used for a door to provide vehicle access to the garage.

ATTACHMENT 4-210
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.

5. Garages located at the front of the main dwelling with a door parallel to the street must be located no closer to the front property line than 10 feet back from the ground floor front facade.

An exception to the garage setback shall be granted by the Community Development Director or his/her designee when the existing block face is already characterized by front facing garages with doors parallel to the front property line and not setback the required 10 feet for at least 40 percent of the houses on the block face.

DIAGRAM 10-1-603(I): MAXIMUM GARAGE WIDTHS AND OFFSETS REQUIRED

7. 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.

8. Driveways must lead directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible. The City Planner and Traffic Engineer may approve exceptions to this requirement to allow for a t urnaround area or circular driveway for a ATTACHMENT 4-211
lot fronting on a major or secondary arterial street for the purpose of complying with Section 10- 1-1403.

9. Driveways must be no less than 10 feet wide and must be improved with cement concrete, asphalt, brick, pavers, or another similar permanent surface approved by the Traffic Engineer.

Driveways must remain clear and unobstructed by any structural elements or vegetation.

11. Parking space access and minimum backup clearances must be provided as shown in Diagram 10-1-603(I)(1) for all required parking spaces whether in a garage or carport or uncovered (in the case of parking for a second dwelling unit). The shaded clear driveway area shown in the diagram must be maintained as a driveway. The clear area must be improved with a permanent surface and must remain clear and unobstructed by any structural elements or vegetation.

12. The elevation of the floor of a garage or carport must be equal to or higher than the top of the curb at the front property line, unless the ex isting grade slopes downhill away from the street and the driveway follows the existing grade. The existing grade may not be altered for the purpose of lowering the elevation of a garage or carport floor below the top of the curb. Exceptions to this requirement may be granted through approval of a Conditional Use Permit.

ATTACHMENT 4-212
DIAGRAM 10-1-603(I)(1): BACKUP CLEARANCE

J. INTERNAL CIRCULATION.

K. MOBILE HOMES AND MANUFACTURED HOMES.

In addition to the other standards of this Section, t he following requirements apply to all mobile homes and manufactured homes:

1. Homes must be manufactured after June 15, 1976, and must be manufactured to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974.

ATTACHMENT 4-213

2. Homes must be installed on a permanent foundation system approved by the Building Official.

3. Exterior siding must be provided as necessary to screen an otherwise non-enclosed under floor area. Such siding must extend to within six (6) inche s of the ground surface on all sides of the home and must be made of a non-reflective material that simulates wood, stucco, or masonry.

4. Roofing materials must not consist of continuously rolled metal roofing or any reflective roofing material.

L. TREES.

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.] M. DESIGN STANDARDS

1. The exterior design of all new additions and remodels that are exempt from SFDP shall match the architectural style of the main dwelling in terms of building forms, materials, colors, exterior finishes, roof forms and style of doors and windows.

2. Remodeling or additions in conjunction with a whole house demolition that are exempt from SFDP, as specified in Section 10-1-607(C), shall comply with 360-degree consistent architectural design by utilizing character defining features at all exterior elevations and comply with requirements of Neighborhood Compatibility Review - Design Guidelines Checklist.

3) Article 6, Division 1, Section 10-1-606: Development Standards For The Hillside Area, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-606: DEVELOPMENT STANDARDS FOR THE HILLSIDE AREA:

A. APPLICABILITY.

1. The requirements of this Section apply to all R-1 zoned properties located within the hillside area, as that area is defined in Subsection (2). The requ irements of this Section supersede any conflicting standards of the R -1 Zone. All non -conflicting R -1 standards apply to R -1 zoned properties within the hillside area.

2. The hillside area is defined by the area bounded by the City boundaries with Glendale and Los Angeles and by the following streets as illustrated in Diagram 10-1-606(A): City boundary, Sunset ATTACHMENT 4-214
Canyon Drive, Walnut Avenue, Bel Aire Driv e, Cambridge Drive, Kenneth Road, Scott Road, City boundary.

DIAGRAM 10-1-606(A): HILLSIDE AREA (SHADED)

B. HEIGHT FOR THE HILLSIDE AREA. Table 10 -1-606(B) prescribes height standards associated with different sloped lo ts. The numbers in the right hand column refer to the diagram of upslope and downslope conditions. The building height shall be measured from finished or existing grade, whichever is lower.

ATTACHMENT 4-215
TABLE 10 -1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE

HILLSIDE AREA

Regulation Maximum
Height
# on
Diagram
Maximum Height Primary Building Above Natural grade 30 ft. ① Maximum Height Above Edge of Pavement (Downslope) 18 ft. ② Maximum Height Above the Ground Elevation at the Rear
Setback Line (Upslope)
23 ft. ③
ATTACHMENT 4-216
TABLE 10 -1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE

HILLSIDE AREA

ATTACHMENT 4-217
D. SETBACKS FROM RIDGELINES. No structure shall be located within 100 feet, measured vertically, of the centerline of a major ridge, or within 50 feet, measured vertically, of the centerline of a minor ridge, as deline ated in Diagrams 10-1-606(D)(1) and (2). When reviewing individual projects, the Planning Board may approve a more precise delineation as part of a Hill side Development Permit, based on a topographic map prepared by a licensed civil engineer with a contour interval of not more than 10 feet.

DIAGRAM 10-1-606(D)(1): RIDGELINE PROTECTION – MAJOR AND MINOR RIDGES

ATTACHMENT 4-218
DIAGRAM 10-1-606(D)(2): RIDGELINE PROTECTION – LOCATION OF

CONSTRUCTION IN RELATION TO MAJOR AND MINOR RIDGES

E. SETBACK LINES FOR VIEW DETERMINATION.

1. When the primary view from a property is from the front yard, rear ya rd, or both yards, a setback line is established in the primary view yard or yards by a line drawn from the nearest front or rear corner of existing homes on adjacent lots as illustrated in Diagram 10-1-606(E).

2. For the purposes of this Section, primary view means the following:
a. When a property has a downslope view, that view is the primary view, whether or not the property also has an upslope view.
b. When a property has an upslope view and no downslope view, the upslope view is the primary view.
c. Where the direction of the primary view is unclear or disputed, the Community Development Director or his/her designee shall determine the primary view.

ATTACHMENT 4-219
DIAGRAM 10-1-606(E): FRONT AND REAR SETBACKS FOR VIEW

DETERMINATION IN THE HILLSIDE AREA

3. An approved Hillside Development Permit is r equired for any extension beyond the setback line per Section 10-1-606(H). If the setback line is closer to the property line that the setback otherwise required for the R -1 Zone, the structure must observe the applicable minimum R -1 setback and encroachments per Table 10-1-603(G).

4. No main dwelling unit shall be located entirely on the rear half of a lot unless a Hillside Development Permit is approved per Section 10-1-606(H).

F. FENCES, WALLS, HEDGES AND SCREENING IN THE HILLSIDE AREA.

1. Fences and walls in the hillside area must comply with t he height requirements specified in Table 10-1-603(A). 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.

ATTACHMENT 4-220
DIAGRAM 10-1-606(F): MINIMUM RETAINING WALL SEPARATION

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.

9. Fences and walls may be required to be shorter by condit ions placed upon a Hillside Development Permit, and Minor/Major Fence Exception Permit.

G. PARKING. A minimum of four (4) off -street parking spaces must be provided . For houses with a gross floor area of 3,400 square feet or less, at least two (2) of the spaces must be located in a carport or garage. For houses with a gross floor area of more than 3,400 square feet, at least three of the spaces must be located in a c arport or garage. Other required spaces may be located within a driveway, so long as the slope of the driveway area used for parking does not exceed five percent.

H. APPROVAL PROCESS. 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. 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 ATTACHMENT 4-221
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.

1. The project involves the creation of a new building pad, cut or fill activity to exp and an existing building pad, or any other grading activity, including but not limited to grading for structures, swimming pools, and expanded yard areas.

2. The structure extends beyond the front or rear yard setback lines per Subsection (D).

3. The height of the proposed structure to the top of the roof exceeds 16 feet.

4. The total gross square footage of all structures and spaces that are included in the floor area ratio calculation is greater than 3,000 square feet.

I. EXCEPTIONS. Exceptions to the development standards required by Section 10-1-603 for the R-1 Zone may be granted through approval of a Hillside Development Permit. A Hillsid e Development Permit may not be used to grant exceptions in lieu of a Variance unless a Hillside Development Permit is otherwise required by Subsection (H). No exceptions may be granted through a Hillside Development Permit unless the following findings are made:

1. The exception is not detrimental to the public health, safety, or general welfare.

2. Granting of the exception does not constitute a grant of special privilege inconsistent with the limitations upon other projects and/or properties in the vicinity.

3. The exception does not permit or encourage development inconsistent with the character of existing development in the neighborhood.

4. There are special conditions or unique characteristics applicable to the subject property and/or the surrounding neighborhood due to the location in the hillside area that justify granting of the exception. Such conditions or characteristics may be related to topography, location, orientation, or other issues that do not generally apply to properties or n eighborhoods located outside of the hillside area. [Formerly numbered Section 31 -30; Amended by Ord. No. 17 -3,890, eff. 2/23/17; 3810; 3774, 3750; 3748, 3688, 3669, 3643, 3488, 3399, 3058, 2858, 2598, 2355, 2194.]

4) Article 6, Division 1, Section 10 -1-607: Design Guidelines And Neighborhood Compatibility: Single Family Development Permits/Hillside Development Permits, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-607: DESIGN GUIDELINES AND NEIGHBORHOOD COMPATIBILITY: SINGLE FAMILY DEVELOPMENT PERMITS/HILLSIDE DEVELOPMENT PERMITS:

A. APPLICABILITY AND AUTHORITY.

1. This Section outlines the process requirements and findings for two types of special permits applicable to the single family residential zones. Except as otherwise stated herein, the permits shall be processed and approved or denied in accordance with the Administrative Use Permit process set forth in Division 4.1 and with Article 19 of this Code, which authorizes the Director of Community Development, or his designee, to grant these permits, which may be appealed to Planning Board, then Council. The required findings shall be as set forth in this Section, and the noticing must be mailed to all property owners and occupants within a 300 foo t radius of the property rather than a 1,000 foot radius.

ATTACHMENT 4-222

B. DESIGN GUIDELINES/NEIGHBORHOOD COMPATIBILITY.

1. Permits. Residential permit s require findings that a project is compatible with the neighborhood. In an attempt to define compatibility, Design Guidelines (Guidelines) have been created. Compliance with the Guidelines should help homes be more in scale with the character of the neighborhood. The Guidelines allow an applicant to incorporate various elements and features into a single family home to maintain and conserve the character of residential areas. Those elements and features are weighted to assure compatibility with the neighb orhood. Council has approved the Guidelines (and applicable weighting of different features) by Resolution No. 17 - 28,906, and reserves the right to modify the Guidelines by future resolutions, as necessary, after conducting a noticed public hearing before the Planning Board and Council. Notice of the hearings shall be newspaper advertisement at least once, ten days prior to the hearing. The Guidelines are incorporated hereto by this reference. Any future amendments adopted by resolution are also incorporated herein by this reference. The current Guidelines shall be available at the City Planners Office and the City Clerk’s Office, as well as on-line.

2. Purpose of Neighborhood Compatibility Review. 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 and additions and alterations to existing homes is in accord with and relates to the existing community character. Instead of creating a de sign review process, the intent is to incorporate the review into the Single Family Development Permit or the Hillside Development Permit. Compatibility Design 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.

C. SINGLE FAMILY DEVELOPMENT PERMIT.

1. Intent and purpose. The intent and purpose of the Single Family 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 for:
1) All new two-story single family construction that exceeds a 0.35 FAR or is larger than 3,000 square feet;
Exception:
a) All new one -story single family construction and single -story additions are exempt from SFDP. A one-story house or one-story addition shall have a maximum of 19’ to top of roof and 12' ATTACHMENT 4-223
to top of plate. Any space with a ceiling or top plate exceeding the maximum allowed story height shall be considered as constituting two stories.
2) Remodeling of all two-story single family homes where there is a whole house demolition, 3) For second story additions or remodels of existing homes adding more than 700 square feet, which do not meet the exception below:

Exception:
a) When a second story addition is not visible from public right -of-way excluding alley, no Single Family Development Permit is required.
4) Additions and remodels that have the potential to alter the exterior elevations of an existing single family residential structure that is a National, State, and/or City designated historic resource.

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 Fa mily 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), 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 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.

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 foota ge within two years unless the new project is submitted for design review if, when the previous and new building permits are taken, the total square footage exceeds 700 square feet, or the FAR exceeds .35 (as defined by all building permits issued in the past two years).

D. HILLSIDE DEVELOPMENT PERMIT.

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).

ATTACHMENT 4-224
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 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:

30.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17 -3,890, eff. 2/23/17; 3669.]

ATTACHMENT 4-225
5) Article 18, Division 4, Section 10 -1-1810: Continuation Of Structure, of Chapter 1 of Title 10 of the Burbank Municipal Code is amended as following:

10-1-1810: CONTINUATION OF STRUCTURE:

Any structure made nonconforming by this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. Such structure may not be enlarged or altered in a way which increases its nonconformity.

2. All enlargements, alterations and additions to such a structure shall conform to all standards and requirements of this Chapter for the zone in which the structure is located.

3. Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost immediately prior to destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. Provided however, that any single family or multiple family residential structure in a residential zone destroyed to such extent by means of fire, flood, wind, earthquake or other natural force or by action of the public enemy, may be rebuilt to the pre-destruction configuration and size, height, lot co verage, floor area ratio, amount of off - street parking, and number of dwelling units of the previous structure, upon granting of an Administrative Use Permit.

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 the Building Official.

ATTACHMENT 4-226

6. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

7. Such structure may b e repaired provided the repair work is done in compliance with the provisions of this section.

8. If provision is made for the termination of such structure or its nonconforming characteristics, any use of such land after termination shall conform to th e requirements of this chapter for the zone in which it is located.

10. Multiple family residential structures or properties that are made non -conforming with respect to the number of residential units due to a Zone Map or text amendment that decreases the permitted density shall not be considered non -conforming with respect to the number of units so long as all of the units were legal (as to their number) when originally constructed. The existing units on the property may be improved or expanded as if the number of units were conforming, subject to all other applicable development standards; provided, however, that any demolition or destruction of the existing structure(s) shall be subject to the requirements of this Section. This provision does not prevent a structure or property from being made non-conforming or from being considered an increase of non-conformity due to Zone Map or text amendments not pertaining to density, and does not otherwise exempt a structure from any provision of this Section or Chapter.

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City or State official charged with protecting the public health or safety, upon order of such official.” [Formerly numbered Section 31-205; Renumbered by Ord. No. 3058, eff.2/21/87; Amended by Ord. No. 3647, eff. 10/23/04; 3643, 2597.]

ATTACHMENT 4-227
Exhibit C - 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 from the sidewalk. The 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 wall s, 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
openings because part of the opening is a
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
shall calculate the linear length of all exterior
and interior walls. The calculated length should
ATTACHMENT 4-228
structural header, and the walls must remain
as structural elements in the new plan.
not exclude openings because part of the
opening is a structural header, and the walls
must remain as structural elements in the new
plan.

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 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, regardless of a project triggering a Single Family Development Review . This update will ensure that all new homes a nd 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) 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 ATTACHMENT 4-229
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.

9. 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 (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).

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 high er 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 limited 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
ATTACHMENT 4-230
surface of the lot, after any grading, cut, or fill
activity, whichever is lower.

4. 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 includes 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
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 exempt from
FAR, the exemption shall not exceed 600 square
feet; (2)(b) front covered porches with up to
250 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 , understor y 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
ATTACHMENT 4-231
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 during planning review, and such a determination requires feedback from the Building and Safety Division . Furthermore, the existing code allow s 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 structu ral) 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.

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

a) 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 int erior 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.

6. 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 ATTACHMENT 4-232
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;

7. 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
maximum height to the top of ceiling in the
porch structure shall be no more than 12 feet.

Porches including their eaves

4 feet in the front yard for front porches with a
5-foot minimum clear horizontal dimension. The
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 than 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).

8. 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 ATTACHMENT 4-233
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.

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

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 fr ont yard setback area,
driveways must be no wider than 12 feet when
the garage is located to the rear of the main
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
Reverse Corner
Lot
ATTACHMENT 4-234
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.
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.

b) The ZTA proposes an amendment to include the requirement to provide a landscape buffer between th e 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
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.

10. 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 ATTACHMENT 4-235
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,
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 retai ning 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
a. Fences, walls, and hedges shall not be
composed, in whole or part, of dangerous wire
types including, but not limited to: razor wire,
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.

ATTACHMENT 4-236
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 not 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 o f 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
side yards is lighting, which may exceed the
maximum allowed height for fences, wa lls, 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, wa lls, 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

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,
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
ATTACHMENT 4-237
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 fe nce shall not be subject to these
standards.
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.

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.

11. 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 wi thin the front setback area. This update will provide flexibility to accommodate unique slope 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 15 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 ATTACHMENT 4-238
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 prop erty.

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 f ront 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 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.
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
ATTACHMENT 4-239

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 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.

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
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
ATTACHMENT 4-240

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. This 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, lan guage prohibiting exceptions from height and 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

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
ATTACHMENT 4-241
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.
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 cumulat ive height of a
retaining wall.

12. 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 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:

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 applicant 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.
than 3,400 square feet, exclusive 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 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.

13. Section 10-1-603:

a) Staff is recommending updates to include language regulating design and architectural style for new constructions and additions to single-family dwellings that are exempt from SFDP discretionary approval process. Currently, the code does not require additions , remodels, and construction of new si ngle-family dwellings that are exempt from SFDP discretionary approval to comply with design guidelines requirements, including upper - story modulations. The absence of design guidelines for such projects often results in boxy architecture. Updates have been proposed requiring all new additions and remodels that ATTACHMENT 4-243
are exempt from SFDP to incorporate similar design elements - including roof forms, exterior finishes, window and door style - as the existing house. Additionally, all new single-family homes and remodels/additions in conjunction with whole house demolition that are exempt from SFDP will be required to incorporate “360 degree ” consistent architectural design along all the exterior elevations and comply with the requirements of Neighborhood Compatibil ity Review - Design Guidelines Checklist as adopted in Resolution No. 17-28,906.

Existing Standard Proposed Standard
Not addressed M. DESIGN STANDARDS

1. The exterior design of all new additions and
remodels that are exempt from SFDP shall
match the architectural style of the main
dwelling in terms of building forms, materials,
colors, exterior finishes, roof forms and style of
doors and windows.

2. Remodeling or additions in conjunction with
a whole house demolition that are exempt from
SFDP, as specified in Section 10-1-607(C), shall
comply with 360-degree consistent
architectural design by utilizing character
defining features at all exterior elevations and
comply with requirements of Neighborhood
Compatibility Review - Design Guidelines
Checklist.

14. 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 ATTACHMENT 4-244
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 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 i s 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.

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

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
ATTACHMENT 4-245
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. 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 o r 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.
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
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.

ATTACHMENT 4-246
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,
variation in texture, or similar methods
approved by the Director or his/her designee
and must be screened by vegetation.

15. 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. Applicants will be re quired to provide a topographic map indicating slope of the flat portion of a hillside lot to show compliance 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 following 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 footpri nt,
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.

16. Section 10-1-607(C): Single Family Development Permit a) Updates have been proposed to the code section detailing applicability of Single Family Development Permit (SFDP). Staff is recommending removal of SFDP discretionary approval for all new single-story dwellings and one-story additions that are limited to 19 feet top of the roof height and 12 feet top of the plate height . SFDP discretionary approval, which contains design guidelines for neighborhood compatibility review , was put in place to control mass and bulk o f new single-family homes and additions , and to ensure that any new addition/construction is compatible with scale and character of ATTACHMENT 4-247
existing neighborhood. It is staff’s assessment that a single -story dwelling/addition that is limited to 19 feet top of the roof height will not be out of scale. Additionally, requirements for 360 degree architectural and design compatibility for all additions and new single-family dwellings that are exempt from SFDP discretionary approval, have been included as a part of the ZTA.

Moreover, an amendment is proposed to exempt all second -story additions that do not exceed 700 square foot in area from SFDP, and exempt all second story additions that are not visible from public right -of-way from being subject to SFDP discretionary approval.

Currently, all additions exceeding 500 square feet that are visible from the street are subject to SFDP discretionary approval , including single-story additions where only a small/narrow portion of the addition is visible from the street. As previously specified, SFDP approval was intended to control mass and bulk of new constructions/additions/remodels to single-family dwellings. A single-story addition that is limited in height will not negatively impact mass and bulk of house and will not look out of scale. It is staff’s assessment that limiting the SFDP for second -story additions that exceed 700 square foot and are visible from public right -of-way, will exempt approximately 41% of the projects (that are currently subject to SFDP discretionary approval) from the SFDP process, resulting in shorter planning review time.

Finally, updates have been proposed requiring SFDP for remodeling/additions to two - story dwellings in conjunction with whole house demolition. Remodeling/addition to one- story dwellings in conjunction with whole house demolition will be exempt from SFDP discretionary approval. However, updates are being proposed that require projects proposing remodeling of one-story dwellings in conjunction with whole house demolition to incorporate 360-degree consistent architectural design along all the exterior elevations and comply with the requirements of Neighborhood Compatibility Review - Design Guidelines Checklist as adopted in Resolution No. 17-28,906.

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 square feet, 2) for all single family
homes where there is a whole house demolition,
and 3) for additions or remodels of existing

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 for:
1) for aAll new two-story single family
construction that exceeds a 0.35 FAR or is
larger than 3,000 square feet;
Exception:

ATTACHMENT 4-248
homes adding more than 500 square feet, which
do not meet the exception, below.

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),
the house has been reviewed against the
Neighborhood Compatibility and the house
complies with the City’s Single Family Desi gn
Guidelines.

c. Conditions are 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.

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 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).

a) All new one-story single family
construction and single-story additions are
exempt from SFDP. A one-story house or one-
story addition shall have a maximum of 19’ to
top of roof and 12' to top of plate. Any space
with a ceiling or top plate exceeding the
maximum allowed story height shall be
considered as constituting two stories.
2) Remodeling of for all two-story single family
homes where there is a whole house
demolition,
3) For second story additions or remodels of
existing homes adding more than 500 700
square feet, which do not meet the exception
below:

Exception:
a) When a second story addition is not
visible from public right-of-way
excluding alley, no Single Family
Development Permit is required.

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.
4) Additions and remodels that have the
potential to alter the exterior elevations of an
existing single family residential structure
that is a National, State, and/or City designated
historic resource.

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

ATTACHMENT 4-249
c. Conditions are 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.

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 design
review if, when the previous and new building
permits are taken, the total square footage of
the second story exceeds 500 700 square feet,
or the FAR exceeds .35 (as defined by all
building permits issued in the past two years).

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

a) The code-required “look back period” prevents an applicant from dividing the scope of work into two parts through two different building permits, in lieu of going through a SFDP discretionary approval. Per the look back period regulations, if an applicant has undergone a plan check process to obtain building permit for an addition/remodel to single-family dwelling, he/she will have to wait two years before pursuing another addition/remodel work, if both projects together would have been subject to a SFDP discretionary approval. Changes have been proposed to the look back period section of the zoning code to update area of addition triggering design guidelines/neighborhood compatibility review to second story additions exceeding 700 square foot, to maintain consistency with the changes proposed to Section 10-1-607(C).

Existing Standard Proposed Standard

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 with in 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;

5. Look Back Period. After a building permit is
issued for new square footage thro ugh 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 previ ous and new building
permits are taken together, the total square
footage of the second story exceeds 500 700
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
ATTACHMENT 4-250
Renumbered by Ord. No. 3058, eff. 2/21/87;
Amended by Ord. No. 17 -3,890, eff. 2/23/17;
3669.]
numbered Section 31-30.1; Renumbered by Ord.

No. 3058, eff. 2/21/87; Amended by Ord. No. 17-
3,890, eff. 2/23/17; 3669.]

18. 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 d amages 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 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 not be r eplaced 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 dem olition of the
underlying element.

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
ATTACHMENT 4-251

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 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.

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

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.

ATTACHMENT 4-252
City of Burbank
Neighborhood Compatibility Review
and
Design Guidelines
ATTACHMENT 4-253

Page 2 of 47 ends

Burbank City CouncilFebruary 8, 2022

Burbank City Council
February 8, 2022