1 STAFF REPORT
DATE: December 13, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director Via: Fred Ramirez, Assistant Community Development Director – Planning
By: Scott Plambaeck, Planning Manager
Amanda Landry, Senior Planner
Joseph Pangilinan, Assistant Planner
Fatima Benitez, Assistant Planner
SUBJECT: Consideration and Adoption of an Urgency Ordinance E stablishing Interim Modifications to the Existing D evelopment Standards for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Unit s (JADU) in All Single-Family and Multi-Family Residential Zones to Allow the City Time to Study and Consider Enactment of Zoning Measures to Ensure Consistency with Changes to Government Code Sections 65852.2 and 65852.22
RECOMMENDATION
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).
BACKGROUND
On September 28, 2022, Governor Gavin Newsom signed Senate Bill 897 (SB 897) and Assembly Bill 2221 (AB 2221) into law (collectively, the ADU Laws), amending California Government Code Section s 65852.2, 65852.22, and Health and Safety Code Section 17980.12, and adding California Government Code Section 65852.23 (Attachment 2).
Amongst other provisions, the ADU Laws make modifications to the statewide regulations for ADU and JADU development standards and controls that include, but are not limited
COMMUNITY
DEVELOPMENT
2 to: increasing the maximum height limits from 17 feet to 18 feet (or in some instances 20 feet) for certain ADUs, requiring that local ordinances only impose objective development standards on ADUs, limiting front yard setback requirements where construction of certain ADUs is otherwise infeasible, and other procedural requirements . SB 897 and AB 2221 will take effect on January 1, 2023 and will be applicable to the City of Burbank.
The adoption of the proposed Urgency Ordinance would ensure that the City has in place minimum ADU development standards and control s that are consistent with State law.
The proposed Urgency Ordinance would facilitate the Community Development Department’s further study of appropriate and permanent objective standards that would be vetted through the community and the Planning Commission, with a recommendation made to the City Council during future consideration of a Zone Text Amendment (ZTA) at a separate public hearing.
DISCUSSION
The State has identified housing shortage as an issue of statewide significance. SB 897 and AB 2221 are examples of multiple approaches the California Legislature has taken to streamline the production of housing. The proposed Urgency Ordinance would provide updated City procedures and development standards for ADUs and JADU s that are consistent with State law.
The Urgency Ordinance ensures that the City’s ADU/JADU development standards are consistent with current state law, protects the City from legal challenges to the validity of its ADU ordinance, and maintains local control in regulating these projects. After passage of the Urgency Ordinance, which would be valid for 45 days, staff will be returning to City Council on January 10, 2023 to report on the changes in staff’s enforcement of the ADU ordinance and to request an extension of the Urgency Ordinance for another 10 months and 15 days. During this time, staff will put together a recommendation for a ZTA that implements permanent modifications to the ADU ordinance and other applicable portions in the Municipal Code consistent with state ADU law.
The specifics of the amended Government Code Sections 65852.2 and 65852.22, which are most applicable to the proposed Urgency Ordinance, are noted below:
ADU Development Standard and Control Modifications (Government Code Section 65852.2)
Certain amendments to State law made by SB 897 and AB 2221 require modifications to the City’s local ADU development standards (Burbank Municipal Code Section 10-1- 620.3). Among the most significant changes required to be made to the City’s ADU regulations include:
3 • Less restrictive height limits for detached ADUs that include:
o A maximum height of 18 feet for a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within one -half of one mile walking distance of a “major transit stop” or a “high-quality transit corridor,” along with an additional two feet increase in height beyond the 18 feet to accommodate a roof pitch on the ADU to match the roof pitch of the primary dwelling unit. A “major transit stop” means a site containing a rail or bus rapid transit station, a ferry terminal served by a bus or rail transit service, an intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, or a major transit stop included in a regional transportation plan. A “high quality transit corridor” is defined as a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours . A map showing the high -quality transit corridors, major transit stops, and the residentially zoned properties that are within a half mile of them within the City is attached (Attachment 3). 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.
o A maximum height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.
• Construction of an ADU within the front yard setback area of a lot if the proposed ADU cannot otherwise be built on the property while maintaining required four-foot side and rear yard setback s. ADUs built in this manner must still comply with all other local development standards.
• Clarification that installation of fire sprinklers in an ADU w ill not be required if fire sprinklers are not required for the primary dwelling unit, and clarification that construction of an ADU, by itself, will not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
• Clarification that applications to replace a detached garage with an ADU will require a separate demolition permit, but that the garage demolition permit will be reviewed with the application for the ADU and issued at the same time as the permit to construct the ADU.
• Imposition of only objective development standards on ADUs.
JADU Development Standard and Control Modifications (Government Code Section 65852.22)
The ADU Laws also require the following modifications to the City’s JADU development standards (Burbank Municipal Code 10-1-620.3(P)):
4 • If a permitted JADU does not include a separate bathroom within the JADU, then the permitted JADU must include a separate entrance from the main entrance to the structure, with interior entry to the main living area of the primary dwelling.
Other Procedural Modifications
Finally, the ADU Laws require the City to clarify that if the City denies an application for an ADU or JADU within the existing 60-day ministerial review period, the City must return a full set of written comments to the applicant, listing items that are defective or deficient and describing how the application may be corrected.
Necessity for Urgency Ordinance
Many of the development standards and controls in the City’s ADU/JADU ordinance are already consistent with the amendments to State law made by SB 897 and AB 2221. For example, Burbank’s current ADU/JADU ordinance already allows attached ADUs to be built to a maximum height of 30 feet, which is less restrictive and consistent with the maximum height of at least 25 feet set by the ADU Laws.
The purpose of the Urgency Ordinance is to in tegrate interim measures into the City’s ADU/JADU regulations so that local ADU/JADU development standards are consistent with recent amendments to State law, while providing the City time to study permanent local measures that may be required as a result of these State law changes. Without the adoption of the Urgency Ordinance, the City’s existing ADU/JADU regulations will not be consistent w ith California Government Code S ections 65852.2 and 65852.22. The inconsistencies between S tate law and the City ’s ADU/JADU regulations will create ambiguity and confusion for applicants, as well as City staff when trying to reconcile the City’s current regulations for ADU and JADU projects for both single- family and multi - family zoned lots with the new State regulations. The inconsistencies between the City’s regulations and the State law may also leave the City susceptible to legal challenges to the validity of the entire local ADU ordinance , which would diminish remaining local control. Attachment 1 provides the ADU /JADU Urgency Ordinance with specific interim changes to the City ’s existing ADU/JADU development requirements (the proposed changes are shown in red text) to ensure local regulations comply with State law.
As previously noted, adoption of an Urgency Ordinance would immediately institute interim modifications to the City’s existing development standards and controls regarding ADU and JADU projects to ensure the City’s regulations are consistent with SB 897 and AB 2221. As the changes to State law under SB 897 and AB 2221 will go into effect January 1, 2023, it is necessary for the City to adopt local regulations and development standards regulating these types of projects before the end of 2022. Adoption of the Urgency Ordinance at this time will ensure the City has enforceable interim development 5 standards and procedures for ADU and JADU projects that protect existing neighborhoods to the extent permitted under State law.
If the proposed Urgency Ordinance is adopted, the City’s regulations will generally be consistent with State regulations, and homeowners and developers will have more certainty and additional flexibility during design of ADU and JADU projects. Furthermore, adoption of the Urgency Ordinance will give City staff time to study the potential impacts of the recent amendments to State ADU and JADU laws, and create refined local objective standards to ensure new ADU and JADU’s are compatible with the character of Burbank’s existing single -family and multi -family neighborhoods, to the fullest extent allowed under the State regulations.
Environmental Assessment
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 O rdinance 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. As such, the adoption of the Urgency Ordinance is exempt from CEQA.
FISCAL IMPACT
Adoption of the Urgency Ordinance will have no impact to the City’s General Fund. Future ADUs and JADUs would be processed through the City’s planning and building plan check and permitting process , which includes the payment of associated City building and development fees. Future development would be required to pay the associated development impact fees as well as any required infrastructure connection and maintenance fees.
CONCLUSION
Charter Section 500 authorizes the City Council to adopt an U rgency Ordinance if necessary, as an emergency measure for preserving the public health, safety and general welfare. The Urgency Ordinance will allow the City to establish interim modifications to the development standards and controls of ADU and JADU projects to be consistent with the recently passed Senate Bill 897 and Assembly Bill 2221. Without the U rgency Ordinance, the City may be vulnerable to legal challenges of its ADU/JADU regulations due to potential inconsistencies with current State ADU law.
Adoption of the Urgency Ordinance and later consideration of a ZTA will facilitate ongoing responsible development of new housing units, which create new housing opportunities 6 and building types, while putting in place development standards consistent with State law that help preserve and protect the character of existing residential neighborhoods.
ATTACHMENTS
Attachment 1 – Urgency Ordinance
Attachment 2 – California Government Code Sections 65852.2, 65852.22, 65852.23, and Health and Safety Code Section 17980.12 as Amended per Senate Bill 897
Attachment 3 – City Map of Properties located one-half mile of a High-Quality Transit Corridor or a Major Transit Stop