City Council
October 17, 2023
COMMUNITY
DEVELOPMENT
Zone Text Amendment to Modify
Existing Development Standards for
Accessory Dwelling Units and Junior
Accessory Dwelling Units to Ensure
Consistency with State Law
Recent Changes in State Law
• SB 897 and AB 2221
(Government Code Sections
65852.2 & 65852.22)
• Requires local ministerial
approval of ADUs/JADUs
• Effective as of January 1, 2023
Current City Status
• Urgency Ordinance adopted on December 13,
2022.
• On January 24, 2023, City Council approved a
10.5-month extension.
Necessity for Zone Text Amendment (ZTA)
• A ZTA to update development standards
consistent with State Law.
• ZTA to update local standards would ensure
validity of local ADU/JADUregulations.
Proposed Modifications to
ADU and JADU Development Standards
Affected Standard State Law Requirements
Zones allowed: • Single-Family and Multi-Family Residential Zones (Govt. Section 65852.2(a)(1))
• Lots containing existing single-family or
multi-family residential units
Proposed Modifications to
ADU and JADU Development Standards
Affected Standard State Law Requirements
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 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)).
Proposed Modifications to
ADU and JADU Development Standards
Affected Standard State Law 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 an 800-sq. ft. ADU
on other areas of the lot (Govt. Section
65852.2(c)(2)(C)).
• ADUs in the front yard will be limited to 800
square feet in area.
Proposed Modifications to
ADU and JADU Development Standards
Affected Standard State Law Requirements
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)).
Proposed Modifications to
ADU and JADU Development Standards
Affected Standard State Law 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(a)(1)(D)(xii)).
Proposed Modifications to
ADU and JADU Development Standards
Affected Standard State Law Requirements
Objective Standards: • City may only impose “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)).
Other Notable Amendments to ADU Ordinance
• Parking Provision Incentive – Provide one additional
onsite parking space beyond what is required for an
additional 120 square feet.
• Two-story Detached ADUs – Two-story ADUs are
now permitted but are still subject to height and
square footage limits.
Community Engagement
• Community Meetings held on July 12, 2023, and September 27, 2023.
• Staff engaged the public who expressed interest regarding the ZTA.
• Staff received feedback regarding proposed development standards.
• Based on public input, staff included development
standards relating to additional onsite parking and limiting front yard ADUs to 800 square feet.
ADU Height Limit Comparison
18-foot tall ADU17-foot tall ADU
17 ft. 18 ft.
Comparison Between One- and Two-Story ADUs
Two-story, 1,000 SF
ADU
One-story, 1,000 SF
ADU
Comparison Between One- and Two-Story ADUs
One-story, 1,000 SF
ADU
One-story, 1,000 SF
ADU
Two-story, 1,000 SF
ADU
6 feet Height Difference
20 ft.14 ft.
What Does This Mean For Residents?
• Applicants/owners afforded flexibility
in ADU design.
• ADUs allowed to be built in the front
yard.
• Pre-approved ADU program provides
additional opportunities for ADUs:
https:/ /www.burbankca.gov/web/com
munity-development/pre-approved-
adu
• Establishes objective
development standards
consistent with State Law.
• New development
standards maintain local
control.
Other ZTA Updates
The ZTA implementing SB 897 is statutorily exempt
under the California Environmental Quality Act
(CEQA).
Environmental Assessment
• The Zone Text Amendment is consistent with the
Burbank2035 General Plan and the Burbank Municipal
Code.
• ZTA is consistent with 13 General Plan Land Use and
Mobility goals and policies.
• The ZTA is also consistent with the nine findings
required as required in BMC S 10-1-1991.
Findings for Approval of a Zone Text Amendment
• The ZTA ensures that local regulations are
consistent with State law.
• The ZTA and ADU ordinance provide objective
development standards and help protect existing
neighborhoods.
Conclusion
• City Council (Second Reading/Adoption)
• TentativelyScheduled for November 7, 2023
Next Administrative Steps
ADOPT AN ORDINANCE AMENDING TITLE 10, CHAPTER 1
(ZONING) OF THE BURBANK MUNICIPAL CODE TO
UPDATE THE EXISTING DEVELOPMENT STANDARDS FOR
ACCESSORY DWELING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS IN ALL SINGLE-FAMILY AND MULTI-
FAMILY RESIDENTAL ZONES, AND ON ANY LOTS WITH
PROPOSED OR EXISTING SINGLE-FAMILYOR MULTIFAMILY
USES TO ENSURE CONSISTENCY WITH STATELAW.
Recommendation
Additional Questions ?
Fatima Benitez, Assistant Planner
818-238-5250
[email protected]
Joseph Pangilinan, Associate Planner
818-238-5250
[email protected]
City Council
October 17, 2023
COMMUNITY
DEVELOPMENT
Zone Text Amendment to Modify
Existing Development Standards for
Accessory Dwelling Units and Junior
Accessory Dwelling Units to Ensure
Consistency with State Law