1 STAFF REPORT
DA
TE: January 10, 2023
T
O: Justin Hess, City Manager
F
ROM: 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
SUBJ
ECT: 10-Day Report Regarding Measures Taken In Response to Interim Urgency Ordinance (Ordinance No. 22- 3,897) Establishing Interim Modifications to the Existing D evelopment Standards for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (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
Note and file.
BACKGROUND
On December 13, 2022, the City Council adopted an Urgency Ordinance (Attachment 1) that established interim ADU/JADU development standards that are consistent with recent amendments to State law (Senate Bill (SB) 897 and Assembly Bill (AB) 2221) that took effect on January 1, 2023 (collectively, the State ADU Laws), to allow the City time to study permanent local measures that may be required as a result of these State law changes. Amongst other provisions, the recent amendments modified statewide regulations for ADU and JADU development standards and controls that include, but are not limited 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.
The Urgency Ordinance temporarily reconciled inconsistencies between the City’s local ADU/JADU development standards, and the amended State ADU Laws.
COMMUNITY
DEVELOPMENT
ATTACHMENT 5-1
2 By
its own provisions and pursuant to California Government Code Section 65858 and Burbank Municipal Code Section 10-1- 1996, the Urgency Ordinance will expire on January 27, 2023, unless further extended on or before this date. Furthermore, California Government Code Section 65858(d) requires that at least 10 days prior to expiration or extension, the City Council must issue a report describing the measures taken to alleviate the conditions which led to the adoption of the Urgency Ordinance.
I
n accordance with Government Code Section 65858(d), the purpose of this Staff Report is to outline the measures taken by City Staff to date to address the conditions giving rise to the adoption of the Urgency Ordinance.
DISCUSSION
Since the adoption of the City’s Urgency O rdinance on December 13, 2022, staff has continued to research how other jurisdictions are crafting their ADU and JADU objective development standards in response to the recent changes made to the State ADU Laws, with the goal of identifying those measures that best maintain local neighborhood character. So far, staff has observed similar steps taken by the cities of Glendale, West Hollywood and Pasadena, to either adopt interim or permanent ADU/JADU development standards. However, the investigation into objective development standards that best maintains local neighborhood character and complies with State law remains ongoing as many other jurisdictions are only just now adopting interim or permanent objective development standards.
A
dditionally, staff is monitoring ADU/JADU applications received by the City to determine whether the interim development standards adopted under the Urgency Ordinance have been successful in maintaining clarity and allowing for responsible development, or whether there are specific areas that may be improved. Since the adoption of the Urgency Ordinance, the City has received 28 ADU/JADU applications, and additional time will be required to review the effects of the Urgency Ordinance on the completion of these units.
Planning staff has engaged in discussions with Building and Safety Division staff as well as contracted zoning clearance reviewers of ADU and JADU projects to go over ADU/JADU development standards that may require further clarification through a Zone Text Amendment (ZTA).
St
aff will need additional time to complete this analysis of the impacts resulting from recent amendments to the State ADU Laws, and ways in which the City may need to update its ADU/JADU objective development standards. Once completed, staff will prepare a comprehensive Z TA, which includes future meetings before the Planning Commission and eventual consideration by the City Council of updated ADU/JADU zoning regulations.
For
these reasons, staff will bring back for Council’s review and consideration, an extension to the Urgency Ordinance at a public hearing on January 24, 2023. If adopted at that meeting, the Urgency Ordinance will continue for up to an additional 10 months and 15 days.
ATTACHMENT 5-2
3 ENVIRONMENTAL ASSESSMENT
This Report has no potential for resulting in a direct or indirect physical change to the environment and falls outside the definition of a “project” under the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA pursuant to Section 15378 of Title 14 of the California Code of Regulations. This Report is informational only and provides an update on measures taken by the City to study the effects of recent changes to State ADU Laws.
FISCAL IMPACT
Receiving the information contained in this Report has no fiscal impact. Reporting of this information satisfies the state law requirements for enacting an interim urgency zoning ordinance.
CONCLUSION
City staff has begun analyzing the effects of recent changes to State ADU Laws on local development standards, however additional time is required to fully identify local updates that may be necessary. An extension to the Urgency Ordinance will be brought back to Council for review and consideration at a noticed public hearing on January 24, 2023.
ATTACHMENTS
Attachment 1 – Interim Urgency Ordinance No. 22-3,897
ATTACHMENT 5-3