Zone Text Amendment to Update
Development Standards for Single
Family (R-1 and R-1-H) Zones and
Continuation of Nonconforming
Structures
CITY COUNCIL
February 8, 2022
COMMUNITY
DEVELOPMENT
Why Are We Here?
•In 2017 the City updated Burbank Municipal Code - single- family residential development standards, to address issues related to mass and bulk
•The 2017 updates created standards that are implemented through discretionary review process for most new dwellings and large-scale additions and remodels
•Over the past four and a half years staff has implemented the regulations
•During this period staff has received several complaints and concerns with the current regulations on single family
residential zones
Why are we here?
Single Family Development Permit (SFDP)
Discretionary Review: Current Requirements
•Construction of new one-story and two-story single-family dwellings that exceeds 0.35 FAR or 3,000 square feet of gross floor area
•Addition to existing single-family dwelling that exceeds 500 square feet in area and is visible from the street
•Remodeling work that results in whole house demolition, which is a demolition of at least 50% of existing interior and exterior linear walls including openings
•Exemption: one-story and two-story homes that are 3,000 square feet or smaller in area and have an FAR of 0.35 or lesser
Updates Recommended by the Planning Board
Code Section Proposed Changes
Section 10-1-
607(C):Single Family
Development Permit
• Eliminate Single Family Special Development Permit and the associated design guidelines
Section 10-1-603(M):
Design Standards
• Amendments to include a new sub-section detailing objective design standards for additions, alterations, and construction of single-family dwellings
Table 10-1-603(A):
Property Development
Standards
• Amendment to the maximum allowed top of the plate height of a single-family residential dwelling
• Updates to applicability of upper-story step backs and building plane modulation requirement
Section 10-1-603(C):
Height
• Updates to include standard specifying maximum allowed top of the roof height for front porches
Updates Recommended by the Planning Board
Code Section Proposed Changes
Section 10-1-603(D): Floor Area
Ratio
• Text is added to clearly list all the structures that are exempt from Floor Area Ratio (FAR) calculation
• Updates to modify the standards specifying inclusion
of attic spaces in FAR calculation
Section 10-1-603(F): Lot
Coverage
• Amendments to update the list of structures that are
exempt from lot coverage calculation
Section 10-1-603(G)(5):
Additional Requirements
• Amendments to allow a maximum 20 feet wide
driveway on lots with garages located towards the
rear of the lot
• Updates to standards regulating landscaping and
pedestrian pathways within the front yard setback
area of a lot
Updates Recommended by the Planning Board
Code Section Proposed Changes
• Section 10-1-603(H)(1): Fences, Walls,
Hedges, and Other Yard Features;
• Section 10-1-603(H)(3): Retaining
Walls; and
• Section 10-1-606(F): Fence, Walls,
Hedges, and Screening in the Hillside
Area
• Updates to the standards regulating
construction of fences, walls, hedges, and
retaining walls.
Section 10-1-603(I): Parking and
Driveways
• Updates to the standards regulating
compliance with the minimum required
off-street parking
Section 10-1-606(H): Approval Process • Updates to remove requirement for discretionary approval for pools and spas
that are proposed on flat portions of a lot
located in the hillside area of the City.
Updates Recommended by the Planning Board
Code Section Proposed Changes
Section 10-1-203:
Definitions
• Amendments to the definitions of “Retaining Wall” and “Whole House Demolition”
Section 10-1-1810:
Continuation of
Structure
• Amendments to the standards regulating continuation of non-conforming portions of a single-family residential
dwelling to allow openings along non-conforming exterior walls and allow replacement of non-conforming portions
of a dwelling that have been damaged due to termites or dry rot.
Proposed Objective Design Standards
Front Entry
Design
Façade
Details
Mass & Bulk Exterior
Lighting
Prohibited
Materials
Privacy
•Newspaper Notice
•Staff has sent email to all the SFDP applicants from last two years to notify them of the proposed updates
•The Planning Board considered the proposed ZTA at two
noticed public hearings – held on October 25 and December 13, 2021
•Information regarding the hearings are posted on the City website
Public Outreach
Conclusion
ZTA proposes to amend the following regulations on R-1 and R-1-H to:
•Preserve existing neighborhood character in R-1 and R-1-H single-family residential zones by updating and extending design related standards to all additions, remodels, and construction of single-family dwellings
•Remove inconsistencies from the existing regulations
•Enable efficient customer service by streamlining planning review time for construction of all single-family dwellings including remodels and additions
City Council adopt the proposed ordinance updating the
development standards for single-family R-1 and R-1-H
zones and continuation of nonconforming structures.
Recommendation
Zone Text Amendment to Update
Development Standards for Single
Family (R-1 and R-1-H) Zones and
Continuation of Nonconforming
Structures
CITY COUNCIL
February 8, 2022
COMMUNITY
DEVELOPMENT
State law defines objective standards as those that-
“involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public
official prior to submittal.”
Objective Design Standards
Issues with Single Family Development Permit
(SFDP) Discretionary Review
• Extended processing timeline for small-scale additions and remodel Average processing time for a SFDP is around 12 to 16 months • Large volume of appropriately sized additions falling under the purview of SFDP discretionary review - complicating and prolonging planning review time
Staff received 78 SFDP applications in the past two years (2019- 2021)
Around 41% of the projects that underwent SFDP included single story construction and upper story additions less than 700 square feet in size
Issues with Lack of Design Guidelines for By-Right Projects • Lack of design guidelines for additions and remodel work that are exempt from Single Family Development Permit discretionary review process results in additions that have boxy architecture
• Lack of design guidelines for new single-family dwellings that are exempt from Single Family Development Permit discretionary review process results in new homes devoid of a characteristic architectural style Issues with Lack of Design Guidelines for By-Right Projects
Issues with Lack of Design Guidelines for By-Right Projects
Section 10-1-603(C): Height
Existing Code Proposed Updates
• The code does not specify a maximum
allowed top of the roof height for front
porches located outside front yard setback
• Top of the roof height of front porches shall be
limited to 12 feet
Key Updates to Maximum Top of the Roof height of Front
Porches
Section 10-1-603(C): Height
Existing Code Proposed Updates
• The code does not specify a maximum
allowed top of the roof height for front
porches located outside front yard setback
• Top of the roof height of front porches shall be
limited to 12 feet
Key Updates to Maximum Top of the Roof height of Front
Porches
Section 10-1-603(A): Development Standards in the R-1 and R-1-H Zones Existing Code Proposed Updates
• Maximum allowed top of the plate height is 20
feet
• Allow a 22 feet maximum top of the plate
height
Key Updates to Maximum Allowed Top of the Plate Height
Issues Pertaining to Regulations on Inclusion of Attic Space within FAR
Demolition of
nonconforming
wall
Dwelling has a
3’5” setback
from side PL
Issues Pertaining to Regulations on Continuation of Nonconforming Structures
Key Updates to Burbank Municipal Code
• Measuring height of a retaining wall -
Exposed portion of a retaining wall
measured from finished grade
• For retaining walls located within 15 feet
of sidewalk or street, the height shall be
measured from the sidewalk/street
elevation
• No changes proposed to the height of a
retaining wall–
• Maximum allowed retaining wall height
within front yard setback is 30 inches
• Maximum allowed retaining wall height
outside front yard setback is 4 feet
Section 10 -1-603(H)(1): Fences, Walls, Hedges and other Yard Features Existing Code Proposed Updates
• Only one fence with a gate is allowed in the
front yard setback
• Fence in the front yard 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.
• The height of a fence, wall, or hedge is
measured from the lowest abutting ground
surface of the property upon which the fence,
wall, or hedge is located.
• Fence in the front yard setback area can have up to
two gates
• 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.
• 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.
Key Updates to Regulations on Walls, Fences, Hedges
Section 10 -1-603(H)(3): Retaining Walls
Existing Code Proposed Updates
• Only one retaining wall is allowed in the front
yard setback, including a wall at the front edge
of the property.
• 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.
• 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.
• Only two (2) retaining walls are allowed in the front yard setback.
• 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.
• 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. • Damaged legal non-conforming retaining walls can be
replaced to previous height and location upon order of
City official.
Key Updates to Regulations Retaining Walls (Non -Hillside) Section 10 -1-603(H)(4): Exceptions
Existing Code Proposed Updates
• Existing code does not allow for exceptions
from retaining wall standards
• Exceptions from required retaining wall standards may be granted through approval of a fence exception
permit as specified in Article 19, Division 11: Fence
Exception Permits and Enforcement
• No exceptions shall be granted for development
standards for retaining walls located within the front
yard setback area.
Key Updates to Regulations Retaining Walls (Non -Hillside) Section 10 -1-603(H)(1): Fences, Walls, Hedges and Screening in the Hillside Area Existing Code Proposed Updates
• 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
• No exception shall be granted for maximum
retaining wall height or cumulative height or
for the required minimum separation for
retaining walls
• Only two (2) retaining walls are allowed in the front yard setback area
• Exceptions to the standards of height, separation,
and number of walls, fences, hedges, and gates may
be granted through approval of a fence exception
permit as specified in Article 19, Division 11: Fence
Exception Permits and Enforcement
• Exception to the standards of retaining walls in the
Hillside area can be granted with the approval of a
Hillside Development Permit
Key Updates to Regulations on Fences, Walls, Hedges, and Retaining Walls (Hillside)