Update on the Adopted Interim Urgency
Ordinance Establishing Development
Controls for Two-Unit Residential
Developments and Urban Lot Splits in all
Single-Family Residential Zones in
Response to Senate Bill 9
CITY COUNCIL
May 3, 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.
• On April 5, 2022, City Council adopted an interim urgency ordinance establishing interim objective development, design, and subdivision standards regulating SB 9 projects.
• Cal. Govt. Code Sec. 65858(d) requires a written report by City Council describing measures taken to alleviate the conditions that led to the adoption of the interim ordinance.
• Planning Division staff contacted the California Department of Housing and Community Development (HCD) regarding additional development standards and controls, consistent with the provisions of SB 9, that could be added.
• Planning Division Staff created new procedures for accepting, reviewing, and approving SB 9 projects.
• Burbank Water and Power and the Public Works Department is in the process of creating new procedures and determining possible new fees.
• Planning Division staff held an interdepartmental meeting with other City Departments to discuss the policy directions that would address the impacts to the City’s infrastructure and utilities.
• Planning Division and Code Enforcement staff is considering potential new enforcement mechanisms for enforcing the new owner-occupancy affidavit requirement. • Planning Division and Transportation Division staff are examining potential on-street parking impacts.
Steps Taken:
City Council’s Direction:
• At the April 5, 2022 meeting, City Council asked Staff to explore a few additional standards that could be added to mitigate the impacts of SB 9 projects:
o Additional development standards, specifically standards that can be applied to SB 9 projects in R-1-H zoned lots;
o Deed restricted affordable units;
o Enforcement procedures and/or fines for violating owner-occupancy affidavits.
• Staff is currently analyzing all these items and will bring back possible solutions during the Zone TextAmendment (ZTA).
• Staff has received several inquires about Two-Unit Residential Developments or Urban Lot Split, however,zero official submittals.
Next Steps:
• Staff is recommending that the City Council extend the adopted Interim Urgency Ordinance for an additional 10 months and 15-days at the May 17th City Council meeting during a Public Hearing. • The extension will give staff time to further study appropriate and permanent objective standards.
• This work is expected to be completed during the requested 10 month and 15-day extension period, which concludes on April 4, 2023.
Conclusion
• Pursuant to Gov. Code Sec. 65858(d), the City Council is required to note and file this report.
• To further study and create additional objective development regulations sought by the City Council, Staff is recommending that the adopted Interim Urgency Ordinance be extended for an additional 10 months and 15-days at the City Council Meeting of May 17, 2022.
Update on the Adopted Interim Urgency
Ordinance Establishing Development
Controls for Two-Unit Residential
Developments and Urban Lot Splits in all
Single-Family Residential Zones in
Response to Senate Bill 9
CITY COUNCIL
May 3, 2022
COMMUNITY
DEVELOPMENT