1 STAFF REPORT
DATE: January 24, 2023
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: Adoption of an Extension of an Adopted 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 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 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 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 (Attachment 1). (Requires 4/5
th vote for adoption)
BACKGROUND
On December 13, 2022, the City Council adopted an Urgency Ordinance (Attachment 2) 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. More specifically, SB 897 and AB 2221 amended California Government Code
COMMUNITY
DEVELOPMENT
2 Sections 65852.2, 65852.22, and Health and Safety Code Section 17980.12, and added California Government Code Section 65852.23 (Attachment 3). 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. By its own provisions and pursuant to California Government Code Section 65858, the Urgency Ordinance will expire on January 27, 2023, unless further extended on or before this date.
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. On January 10, 2023, staff presented a report to the Council outlining steps taken to analyze the effects of recent changes to the State ADU Laws (the 10-Day Report). As outlined in the 10-Day Report, staff’s efforts to identify objective development standards that best maintain local neighborhood character while complying with State ADU Laws is ongoing and more time is required to study and develop more permanent local ADU/JADU controls.
DISCUSSION
Since the adoption of the City’s Urgency Ordinance 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 amendments to State ADU Laws. The staff report for the Urgency Ordinance summarizing the interim modifications to the ADU Ordinance has been included for reference (Attachment 6). 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 . Furthermore, additional time is necessary to study how the recent amendments to State ADU Laws and the City’s inter im ADU/JADU development standards affect ADU/JADU construction within the City.
Pursuant to State law, the adopted Urgency Ordinance is valid for up to 45 days and will expire on January 27, 2023, unless extended by the City Council. Without the adoption of an extension to the Urgency Ordinance, the City’s existing ADU/JADU regulations will not be consistent with California Government Code Sections 65852.2 and 65852.22.
These inconsistencies 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.
Furthermore, t he differences between State and local regulations may leave the C ity susceptible to legal challenges as to the validity of the entire local ADU ordinance, which would diminish remaining local control.
3 After holding a public hearing, the City Council can extend the Urgency Ordinance for up to an additional 10 months and 15 days (California Government Code Section 65858(a)).
As with the initial adoption of the Urgency Ordinance, a four-fifths (4/5) vote is required to extend the Urgency Ordinance. The City Council has the option of extending the Urgency Ordinance using the same interim development standards adopted on December 13, 2022, extending the U rgency Ordinance using amended interim standards, or allowing the Urgency Ordinance to expire. Staff recommends extending the Urgency Ordinance for up to 10 months and 15 days, until December 12, 2023, unless earlier terminated.
Necessity for Extension of Urgency Ordinance
The proposed extension of the U rgency O rdinance would facilitate the Community Development Department’s further study of appropriate and permanent objective development standards and allow for sufficient time for the standards to be vetted through the community and the Planning Commission , in advance of a pr oposed zone text amendment (ZTA) being presented to the City Council for consideration at a separate public hearing.
An extension of the Urgency Ordinance would continue to 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 went into effect January 1, 202 3, adoption of the extension of the Urgency O rdinance at this time will ensure the City continues to have e nforceable interim development standards and procedures for ADU and JADU projects that protect existing neighborhoods to the extent permitted under State law.
If the proposed extension of the 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, the extension of the Urgency Ordinance will give City staff adequate time to study the potential impacts of the recent amendments to State ADU and JADU laws, and create refined local objective development standards to ensure new ADU and JADU’s are reviewed consistent with state law while also protecting the surrounding neighborhoods.
ENVIRONMENTAL ASSESSMENT
Pursuant to Section 21080.17 of the California Public Resources Code (PRC), the extension 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 extension of 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 S tate ADU law. As such, the extension of the Urgency Ordinance is exempt from CEQA.
FISCAL IMPACT
An extension 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 4 plan check and permitting process , which includes the payment of associated City building permit 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 requested extension to the adopted Urgency O rdinance will provide City Staff adequate time to complete its analysis of additional development controls and standards that could be applied to ADU/JADU projects to be consistent with the recently passed Senate Bill 897 and Assembly Bill 2221 . Without the extension to the adopted Urgency Ordinance, the City may be vulnerable to legal challenges of its ADU/JADU regulations due to potential inconsistencies with current State ADU law.
The extension of the U rgency Ordinance and later consideration of a Zone Text Amendment will facilitate ongoing responsible development of new housing units, which create new housing opportunities and building types, while putting in place development standards as allowed by State law that help preserve and protect the character of existing residential neighborhoods and maintain as much local control as allowed under applicable state regulations.
ATTACHMENTS
Attachment 1 – Extension Ordinance
Attachment 2 – Adopted Interim Urgency Ordinance No. 22-3,897 Attachment 3 – 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 4 – SB 897/AB 2221 – Transit Parcels
Attachment 5 – January 1, 2023 Staff Report for 10-Day Report Attachment 6 –
Correspondences
December 13, 2022 Staff Report for Adopted Interim Urgency Ordinance No. 22-3,897