Urgency Ordinance for Two-Unit
Residential Developments and
Urban Lot Splits in all Single Family
(R-1 and R-1-H) Zones in Response
to Senate Bill 9
CITY COUNCIL
April 5, 2022
COMMUNITY
DEVELOPMENT
Why Are We Here?
• In September 2021 the Governor signed Senate Bill 9 (SB 9) California Housing Opportunity and More Efficiency (HOME) Act into law – California Government Code Sections 66452.6, 6852.21, and 66411.7
• Local jurisdictions must ministerially approve two-unit housing developments and urban lot splits (SB 9 projects) when the proposed developments and/or subdivisions meets explicit requirements and local objective development, design, and subdivision standards.
• Effective January 1, 2022 and is applicable to the City of Burbank
SB 9: Two-Unit Residential Developments
(Gov. Code Section 65852.21)
• Allows for the construction of up to two-unit residential housing development on single-family residential zone
property.
• Requires that two-unit housing development projects be approved ministerially and overrides City standards that would physically preclude this type of development.
• SB 9 standards include: minimum setbacks, minimum parking standards, and minimum unit sizes that must be approved.
Two-Unit Residential Developments:
SB 9 Major Components
Demolition
Permitted Zones Setbacks
Square Footage
Parking
Short Term Rentals
Objective
Standards
Standards to consider for
Two-Unit Residential Development Projects
SB 9 Topics SB 9 Requirements
Zones Allowed: • R-1 and R-1-H
Minimum unit square
footage:
• Objective development or design standards cannot prohibit the construction of at least 800 square feet each
Setbacks:
Parking:
Demolition:
• Four (4) feet from the side and rear property lines
• One parking space per unit
• Cannot demolish existing structure if the unit is: 1) a deed restricted as affordable; 2) subject to rent control; or; 3) tenant occupied for the last 3 years
Short Term Rentals: • Not permitted. Minimum rental of thirty (30) days or more Accessory Dwelling Unit
Second
Primary
Dwelling Unit
Jr. ADU Primary Dwelling Unit
Site Example #1
Residential Development
• Based on the current
development standards, a
single-family residential zoned
lot can have one (1) primary
dwelling unit, one (1) ADU and
one (1) Jr. ADU on the lot.
• SB 9 allows for an additional
second primary dwelling to be
built on a lot, that is
complementary of existing
ADU rules.
Two-Unit Residential Development Examples
Jr. ADU Primary Dwelling Unit
Accessory Dwelling Unit
Residential Units Allowed per Current
Standards without SB 9
Residential Units Allowed Per SB 9
SB 9: Urban Lot Split
(Gov. Code Section 66411.7)
SB 9:
• Provides for Ministerial subdivision of a single-family residential zoned lot into two new single-family zoned lots.
• Allows local agencies to limit the total number of residential units allowed on a lot resulting from an urban lot split. • Establishes minimum standards: resulting parcel size, setbacks parking standards, and restrictions on where and who can propose an urban lot split.
Urban Lot Splits:
SB 9 Major Components
Minimum Lot Size
Owner Affidavit
Permitted Zones Setback
Minimum Number of Units
Parking Short Term Rentals Objective Standards
Standards to consider for
an Urban Lot Split
SB 9 Topics SB 9 Requirements
Zones allowed:
Total numbers of Parcels:
Parcel size minimum:
• R-1 and R-1-H
• Two (2) residential lots
• Minimum 1,200 square feet
Square footage allowed on
lots:
• Objective development, design, or subdivision
standards that do not prohibit construction of at
least two (2) units of 800 square feet each on the lot
Restrictions:
Owner Affidavit:
• Urban Lot Split not permitted in Very High Fire
Severity Zone
• Owner signed affidavit stating they will live in unit for at least three (3) years
Urban Lot Split Example
Site Example #1
Potential Urban Lot Split Development under SB 9
• One (1) lot can be split into two (2) lots.
• Four (4) residential units can be proposed on each
newly created lot – Two primary dwellings, one (1)
ADU and one (1) Jr. ADU.
• Can result in a total of eight (8) residential units; 4 on each lot.
Accessory Dwelling Unit Accessory Dwelling Unit
Second Primary Dwelling Second Primary Dwelling
Jr.
ADU
Primary
Dwelling Unit
Jr.
ADU
Primary
Dwelling Unit
Subdivision and Number of Residential
Units Allowed Per SB 9
Necessity for Urgency Ordinance
• SB 9 allows local agency to adopt objective development, design, and subdivision standards (objective standards) that can be applied to SB 9 projects.
• The urgency ordinance adopts all the provisions of SB 9. • Urgency ordinance includes objective development
standards tailored to address impacts to neighborhoods. • Without the Ordinance, the City would be limited to
applying SB 9 project per State law, which can result in impacts to the capacity of the City’s sewer and electrical infrastructure, and impacts to trash collection services.
Necessity for Urgency Ordinance cont.
• Implementing SB 9 regulations as is may create ambiguity, confusion, and inconsistency with the City’s current single family residential zoning regulations.
• The proposed urgency ordinance would ensure the City has put in place objective standards that address current and immediate threat to health, safety, and welfare related to infrastructure capacity issues (i.e., sewer, electrical and trash service capacities). • During Ordinance, Staff will be undertaking a Zone Text Amendment (ZTA).
• Subject to a 4/5’s vote of Council, an urgency ordinance would go into effect immediately for an initial 45-day period.
• Urgency ordinance can be extended an additional 10.5 months and 1 year, if needed, through subsequent City Council consideration and approval.
Two Unit Residential Standards
Urgency Ordinance Standards
• Definition: Primary Dwelling Unit and Second Primary Dwelling Unit a lot. • Permitted Zone: R-1 and R-1-H.
• Parking: One (1) space per residential dwelling unit, unless parcel is located within ½ mile walking distance of either high quality transit corridor or major transit stop.
• Setbacks: Four (4) feet from the side and rear property lines. • Height: Attached second primary dwelling must comply with underline zoning.
Detached second primary dwelling unit is limited to one (1) story. • Demolition or Alteration: Up to 25% of the exterior and interior walls of the existing residential unit to accommodate second primary dwelling. • Short Term Rentals: Not permitted. Minimum rental of thirty (30) days or more.
Urban Lot Split Standards
Urgency Ordinance Standard
• Definition: Subdivision of one existing single-family zoned lot into two (2) lots. • Permitted Zone: R-1 and R-1-H.
• Minimum Lot Area of New Parcel: 1,200 square feet.
• Minimum Width: No less than 40% of the original parcel or minimum of 25-feet, whichever is greater.
• Minimum Public Right-of-Way Frontage: Must have access to the public right-of- way from rear, side, or front property lines.
• Total number of residential units on a created lot:Two (2) residential units. • Owner Occupied Affidavit: Owner must sign an affidavit to occupy at least one of the lots for a minimum of three (3) years.
• Easement: Required to accommodate access on a lot and/or utility service.
Second Primary
Dwelling
Primary Dwelling Unit
Urban Lot Split Examples
Second Primary
Dwelling Primary Dwelling Unit
Site Example #2
Proposed Development
• Maximum number of units on a newly
created lot is two (2) residential
units.
• Urban Lot split must result in the lots
having public right-of-way access.
• No curve or angled lot lines are
allowed to be created from the
subdivision.
• Flag lots are prohibited.
Second Primary
Dwelling
Second Primary
Dwelling
Primary Dwelling
Unit
Primary Dwelling
Unit
Example #1 – Split Vertically Example #2 – Split Horizontally • "...a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific,
adverse impact ... upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact." Reason for Denial of a SB 9 Project:
Specific Adverse Impact
• Under California Government Code Sections 65852.21(j) and 66411.7(n), the adoption of an ordinance by a city or county implementing the provisions of SB 9 and regulating two-unit housing developments and urban lot splits is statutorily exempt from the requirements of CEQA
• A local ordinance implementing SB 9 is not considered a project under CEQA.
Environmental Assessment
• City Council to adopt an urgency ordinance as a necessary emergency measure to address a current and immediate threat to public health, safety, and general welfare.
• Absent the urgency ordinance, City staff would be required to ministerially approve two-unit housing developments and urban lot splits within a single-family residential zone without the benefit of City specific development standards that would protect and preserve single-family neighborhoods.
• Concurrent with the urgency ordinance, Staff is preparing a Zone Text Amendment for future consideration by the City Council.
Conclusion
• ADOPT AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK
ESTABLISHING INTERIM DEVELOMPENT CONTROLS FOR TWO-UNIT
RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS IN ALL SINGLE-FAMILY
RESIDENTIAL ZONES, TO ALLOW THE CITY COUNCIL TIME TO STUDY AND
CONSIDER ENACTMENT OF PERMANENT ZONING MEASURES IN RESPONSE TO SENATE BILL (SB) 9 (Attachment 1).
• ADOPT A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AMENDING ARTICLE III, SECTION 1 AND 3, OF THE FISCAL YEAR 2021-2022
CITYWIDE FEE SCHEDULE TO ESTABLISH FEES TO DEFRAY THE CITY COSTS TO REVIEW AND PROCESS PROJECT APPLICATIONS SUBMITTED UNDER SB 9 –
CALIFORNIA HOUSING OPPORTUNITY AND MORE EFFICIENCY (HOME) ACT (Attachment 2).
Recommendation
Urgency Ordinance for Two-Unit
Residential Developments and
Urban Lot Splits in all Single Family
(R-1 and R-1-H) Zones in Response
to Senate Bill 9
CITY COUNCIL
April 5, 2022
COMMUNITY
DEVELOPMENT