COMMUNITY
DEVELOPMENT
Adopt an Extension of a City of Burbank Adopted
Urgency Ordinance Establishing Interim
Modifications to the Existing Development
Standards for Accessory Dwelling Units (ADU) and
Junior Accessory Dwelling Units (JADU) to Ensure
Consistency with Changes to California
Government Code Sections 65852.2 and 65852.22
CITY COUNCIL
January 24, 2023
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: • Maximum height of 18 feet (as measured
from existing grade to the top of roof) for
lots located within a ½ mile of a “high-quality
transit corridor” or “major transit stop”. An
additional two feet in height beyond the max
18 feet shall be permitted to accommodate a
matching roof pitch with primary dwelling
(Govt. Section 65852.2(c)(2)(D)(ii))
• Maximum height of 18 feet (as measured
from existing grade to the top of roof) for
detached ADUs if there is an existing or
proposed multistory, multifamily dwelling on
the lot. (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: • Not required for 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 primary dwelling
unit(s). (Govt. Section 65852.2(e)(1)(D)(3))
Objective Standards: • Defined as 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 Extension
• The Urgency Ordinance Extension 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 Extension 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 extension 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.
• Urgency ordinance can be extended an additional 10.5
months and 1 year.
• Adoption of the Urgency Ordinance Extension 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 Extension 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).
Environmental Assessment
• Request for City Council consideration to adopt an urgency ordinance extension as a necessary emergency measure to address a current and immediate threat to public health, safety, and general welfare.
• Without the Ordinance extension, 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 extension, Staff is preparing a Zone Text Amendment for future consideration by the City Council .
Conclusion
• ADOPT AN EXTENSION OF AN ADOPTED 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?
Fatima Benitez, Assistant Planner
Joseph Pangilinan, Assistant Planner
(818) 238-5250
fbenitez@burbankca .gov
jpangilinan@burbankca .gov