COMMUNITY
DEVELOPMENT
Urgency Ordinance Establishing Interim
Development Standards for Accessory
Dwelling Units (ADU) and Junior
Accessory Dwelling Units (JADU)
Consistent with Changes to California
Government Code Sections 65852.2 and
65852.22
CITY COUNCIL
DECEMBER 13, 2022
Why Are We Here?
• In September 2022, Governor Gavin Newsom signed Senate Bill 897 (SB 897) and Assembly Bill 2221 (AB 2221) establishing additional regulations for Accessory Dwelling Units (“ADU”) and Junior Accessory Dwelling Units (“JADU”) – California Government Code 65852.2 and 65852.22
• Required local ministerial approval of proposed ADUs and JADUs that meet all applicable development standards inclusive of new standards under SB 897 and AB 2221.
• New requirements take effect on January 1, 2023.
SB 897: ADUs and JADUs
(Gov. Code Section 65852.2 and 65852.22)
• Continues to allows for the construction of an ADU and/ or JADU within all residential zones with less restrictive development standards. • Requires ministerial approval of all ADUs and JADUs. • Overrides City standards that would physically preclude this type of development.
• New state -mandated development standards include: increased height limits, building in the front yard setback, fire sprinkler requirements, and internal circulation for certain Junior ADUs.
ADUs and JADUs:
SB 897 Major Components
Height Limits Front Yard
Setbacks
Objective Standards
Junior ADU Standards Fire Sprinklers
Interim Modifications to Development Standards for
ADU and JADU Projects
Affected Standard SB 897 Requirements
Zones allowed: • Single-Family and Multi-Family Residential Zones (Govt.
Section 65852.2(a)(1))
Height Limit: • If the detached ADU will be on a lot located within a ½ mile of a “high-quality transit corridor” or “major transit stop”, a maximum height of 18 feet (as measured from
existing grade to the top of roof) shall be permitted. An additional two feet in height beyond the maximum 18
feet will be permitted to accommodate a roof pitch on
the ADU that matches the roof pitch of the primary
dwelling (Govt. Section 65852.2(c)(2)(D)(ii))
• If there is an existing or proposed multistory, multifamily dwelling on the lot where the detached ADU will be
located, a maximum height of 18 feet (as measured from
existing grade to the top of roof) shall be permitted
(Govt. Section 65852.2(c)(iii))
Interim Modifications to Development Standards for
ADU and JADU Projects
Affected Standard SB 897 Requirements
Front Yard Setback: • An ADU that complies with all other applicable development standards may be built within the front
yard setback of a lot if it is otherwise physically
infeasible to build such an ADU on other areas of the lot (Govt. Section 65852.2(c)(2)(C))
JADU Standards: • A JADU that does not include a separate bathroom shall include a separate entrance from the main entrance to
the structure, with an interior entry to the main living area. (Govt. Section 65852.22(a)(5)(B))
Interim Modifications to Development Standards for
ADU and JADU Projects
Affected Standard SB 897 Requirements
Fire Sprinklers: • The installation of fire sprinklers will not be required in an ADU if sprinklers are not required for the primary
dwelling unit. (Govt. Section 65852.2(a)(1)(D)(xii))
• The construction of an ADU, by itself, will not trigger a requirement for fire sprinklers to be installed in an
existing single family or multifamily primary dwelling
unit. (Govt. Section 65852.2(e)(1)(D)(3))
Objective Standards: • “Objective standards” means standards that involve no personal or subjective judgment 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 or proponent and
the public official prior to submittal. (Govt. Section
65852.2(j)(7))
Necessity for Urgency Ordinance
• The Urgency Ordinance would allow the implementation of specific interim development standards that would address any inconsistencies between the new State ADU/JADU laws required under SB 897 and AB 2221 and the City’s local regulations .
• The inconsistencies between State law and the City’s ADU/JADU regulations create ambiguity and confusion for applicants as well as city staff when trying to reconcile the City’s current development standards for ADU and JADU projects .
• These inconsistencies also leave the City susceptible to legal challenges to the validity of the entire Ordinance, which further diminishes local control.
Necessity for Urgency Ordinance cont.
• Maintain consistency between City’s ADU/JADU regulations and State-mandated development standards and provide greater clarity of applicable development standards to homeowners and developers of ADU and JADU projects .
• Adoption of an urgency ordinance will give also City staff additional time to undertake a Zone Text Amendment and to: 1) study the potential impacts of ADU and JADU projects ; 2) prepare updated objective standards for ADU/JADU projects that result new infill housing that is compatible with the surrounding residential neighborhoods ; and 3) ensure ongoing compliance with applicable State ADU/JADU laws.
• Subject to a 4/5’s vote of Council, the 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. Planning staff will return on the January 10, 2023 City Council meeting to request the 10.5-month extension .
• Adoption of the Urgency Ordinance is exempt from CEQA. • A local ordinance implementing SB 897 is not considered a project under CEQA.
• Pursuant to Section 21080.17 of the California Public Resources Code (PRC), the adoption of the Urgency Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (State ADU law). The Urgency Ordinance implements Government Code Sections 65852.2 and 65852.22 within the City of Burbank in a manner that is consistent with the requirements of State ADU law.
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.
• Without the Ordinance, the inconsistencies between the City’s regulations and the state law may leave the City susceptible to legal challenges to the validity of the entire Ordinance, which would diminish remaining local control.
• Concurrent with the urgency ordinance, Staff is preparing an extension for the Urgency Ordinance and 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 MODIFICATIONS TO THE
EXISTING DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING
UNITS (ADU) AND JUNIOR ACCESSORY DWELLING UNITS (JADU) IN
ALL SINGLE -FAMILY AND MULTI-FAMILY RESIDENTIAL ZONES TO
ENSURE CONSISTENCY WITH CHANGES TO GOVERNMENT CODE
SECTIONS 65852.2 AND 65852.22 (Attachment 1).
Recommendation
Questions?
Joseph Pangilinan, Assistant Planner
Fatima Benitez, Assistant Planner
(818) 238-5250
jpangilinan@burbankca .gov
fbenitez@burbankca .gov