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ORDINANCE NO.________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF B URBANK AMENDING TITLE 10, CHAPTER 1, ARTICLE 6, DIVISION 1 OF THE BURBANK MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS FOR SB 9 – SECOND
SINGLE-FAMILY DWELLINGS AND URBAN LOT SPL ITS IN ALL SINGLE -FAMILY RESIDENTIAL ZONES (R -1) TO ENSURE CONSISTENCY WITH STATE LAW,
INCLUDING BUT NOT LIMITED TO CALIFORNIA GOVERNMENT CODE SECTIONS 66452.6, 65852.21, AND 66411.7
(PROJECT NO. 22-0001350, ZONE TEXT AMENDMENT)
City Attorney’s Synopsis
This Ordinance amends the Burbank Municipal Code, Title 10, Chapter 1, Article 6, Division 1 , by establishing development standards regulat ing the City’s single -family zones (R-1) to allow for SB 9 – Second Single-Family Dwellings and Urban Lot Splits on Single-Family (R-1) Zoned lots to ensure compliance with State law under Senate Bill 9, which created California Government Code Sections 66452.6, 65852.21, and 66411.7.
THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:
A. California Senate Bill 9 (SB 9) ( California Government Code Sec tions 66452.6, 65852.21, and 66411.7) (collectively referred to herein as “ State SB 9 Laws”) was signed by Governor Gavin Newsom on September 16, 2021, and became effective January 1, 2022. State SB 9 Laws require all cities and counties to ministerially r eview and approve cer tain housing developments containing no more than two residenti al units within a single -family residentially zoned lot (“ SB 9 – Second Single- Family Dwellings”), as well as certain subdivisions in which one existing single-family residential zoned lot is subdivided to create two single-family zoned lots (“Urban Lot Splits”).
B. Pursuant to the State SB 9 Laws , all cities and counties may adopt regulations establishing objective standards for SB 9 – Second Single-Family Dwellings and Urban Lot Splits (“SB 9 Projects”). If the C ity fails to update its local ordinance in compliance with state law , the City may be required to apply State SB 9 Laws without local refinements to all local SB 9 Projects.
C. On April 5, 2022, pursuant to Gover nment Code Section 65 858 and Burbank Municipal Code 10-1-1996, the Burbank City Council adopted Urgency Ordinance No. 22-3,972, implementing interim regulations for SB 9 Projects consistent with the State SB 9 Laws, and thereafter extended the Urgency Ordi nance on both May 17, 2022, and March 14, 2023. The interim regulations adopted under the Urgency Ordinance and extension will expire on April 4, 2024.
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D. Pursuant to the State SB 9 Laws, all l ocal agencies may adopt an ordinance providing for the cr eation and regulation of SB 9 Projects. The City C ouncil desires to adopt permanent regulations codifying the City’s standards for SB 9 Projects consistent with the State SB 9 Laws, while including local regulations that address the unique local character istics of the City. T he regulations included in thi s proposed Ordinance provide for consistency with State SB 9 Laws and add SB 9 – Second Single- Family Dwellings as permitted uses on lots in the Single -Family Residential (R-1) zones when required by state law preemption.
E. By adopting objective devel opment and design standards for SB 9 Projects, the City will position itself to retain as much local control over future development as possible and preserve the public health, safety, and welfare by encouraging thoughtful nei ghborhood development, while c ontinuing to comply with state preemption laws relating to SB 9 Projects.
F. On January 8, 2024, the Pl anning Commission held a duly noticed publ ic hearing on this Ordinance (Project No. 22-0001350), and at such hearing recommended that the City Council of the City of Burbank (“Council”) approve the Zone Text Amendment (“ZTA”).
G. On February 13, 2024, the Council at its regular meeting, held a p ublic hearing on Project No. 22-0001350, a Zone Text Amendment.
H. Said hearing w as properly noticed in accordance with the provisions of Burbank Municipal Code (“BMC”) Section 10-1-1994.
I. The Council considered the report and recommendations of the City Planner, the action and recommendations of the Planning Commission as evidence d by its Resolution 3463, and the evidence presented at such hearing.
J. The ZTA and proposed Ordinance is consistent with BMC Section 10-1- 1991 as follows:
1. The addit ion of th e use will be in accord with the purposes of the zone in which it is proposed to be listed.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family residential (R-1) zone is required pursuant to St ate law (California Government Code Section 65852.21).
The purpose of the R -1 Zone is for “…neighborhoods of si ngle-family dwellings separated from multiple family and non- residential uses.” (Burbank Municipal Code Section 10-1-601(A)). The inclusion of the use would allow for an additional by-right single-family dwelling on the proper ty. While the use would increase the number of by -right dwelling units that are permitted in the R -1 Zone, additional single-family dwellings are currently permitted in cert ain R-1 zone lots subject to Planning Commission approval of a Conditional use Per mit (CUP). Further, Accessory Dwelling Units and Junior Accessory Dwelling Units are also by -right
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permitted uses within the R -1 zone. Therefore, the addition of the use woul d be in accord with the purpose of the R-1 zone.
2. The proposed use is compatible w ith and has the same basic characteristics as the other permitted uses.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family residential (R -1) zone is required pursuant to State law (California Government Code Section 65852.21).
The inclusion of the use would allow for an additional by -right single- family dwelling on the property. While the use would increase the number o f by -right dwelling units that are permitted in the R -1 Zone, additional single- family dwellings are currently permitted in certain R -1 zone lots subject to Planning Commission approval of a Conditional use Permit (CUP ). Further, Accessory Dwelling Units a nd Junior Accessory Dwelling Units are also by -right permitted uses within the R-1 zone. Therefore, the addition of the use would be compatible with and has the same basic characteristics as the other permitted uses.
3. The proposed use can be expected to co nform with the required conditions for the zone.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family residential (R- 1) zone is required pursuant to State law (California Government Code Section 65852.21).
SB 9 – Second Single- Family Dwellings would be required t o comply with development standards similar to thos e of typical single-family homes, except as preempted by State law. In most instances the required building heights, building separation, and f loor area ratio applicable to SB 9 – Second Single- Family Dwellings will be aligned with the underlying development standards in the City’s existing R -1 zone. Through this Zone Text Amendment, the City aims to preserve local control over SB 9 – Second Single-Family Dwellings within the City and avoid the impositi on of otherwise- applicable statewide development standards.
4. The proposed use will not be detrimental to the public health, safety or welfare.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family residen tial (R -1) zone is r equired pursuant to State law (California Government Code Section 65852.21).
The proposed use is not anticipated to result in a detrim ental impact to public health, safety, or welfare. Any future development associated with this use w ould have to comply with all applicable development standards. In addition it would also have to be in strict adherence to the latest City building, life and safety codes, which ensure that future h abitants of these structures and surrounding
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land uses are protected from any p otential impact to public heal th, safety, and welfare.
5. The proposed use will not adversely affect the character of the zone.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family re sidential (R-1) zone is required pursuant to State law (California Government Code Section 65852.21).
The inclusion of the use would allow for an additional by -right single- family dwelling on the property that would be required to comply with development standards similar to those of typical single-family homes, except as preempted by State law. While the use would increase the number of by-right dwelling units that are permitted in the R -1 Zone, a dditional single- family dwellings are currently permitted in certain R-1 zone lots subject to Planning Commis sion approval of a Conditional use Permit (CUP). Further, Accessory Dwelling Units and Junior Accessory Dwelling Units are also by -right permitted uses within the R -1 zone.
Therefore, the addition of the use would not adversel y affect the character of the R-1 zone.
6. The proposed use will not create more vehicular or other traffic than the volume normally created by any of the uses permitted.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family residentia l (R-1) zone is required pursuant to State law (California Government Code Section 65852.21).
The inclusion of the use would allow for an additio nal by- right single- family dwelling on the property. Adding additional dwelling units on a property can result in increased trips generated by a property. However, this is consistent with the uses currently permitt ed in the R -1 zone. The R -1 zone currently allows for additional single- family dwellings in certain R -1 zone lots subjec t to Planning Commission approv al of a Conditional use Permit (CUP). Further, Accessory Dwelling Units and Junior Accessory Dwelling Units are also by -right permitted uses wi thin the R-1 zone. Therefore, the addition of the use would not create more vehicul ar or other traffic than the v olume normally created by any of the other permitted uses.
7. The proposed use will not create more odor, d ust, dirt, smoke, noise, vibration, il lumination, glare, unsightliness, or any other objectionable influence than the am ount, if any, normally created by any of the permitted uses.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family residen tial (R-1) zone is required pursuant to State law (California Government Code Section 65852.21).
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The development of SB 9 – Second Single-Family Dwellings in the City’s single - family residential zones will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other obj ectionable influence than the amount created by any other permitted use in the City’s single- family residential zones. The proposed development of these one and/or two- story residential structur es w ould result in structures that do not create more objectionable environmental and/or quality of life impacts than could result from the development of single- family dwellings currently allowed in the City’s single - family residential zones. Furthermore, any future development would have to comply with the applicable development standa rds and building code requirements that address construction noise and dust mitigation and future operation of the residential use would continue to be subject to the City’s SB 9 – Second Single-Family Dwelling development standards and the City’s nuisanc e abatement requirements for any violation of the Burbank Municipal Code.
8. The proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family residential (R- 1) zone is required pursuant to State law (California Government Code Section 65852.21).
The development of SB 9 – Second Single-Family Dwellings in the City’s single- family re sidential zones will not create any greater hazard of fire or explosion than hazards normally created by any of the permitted uses in the City’s single - family residential (R- 1) zone. The development of these uses shall comply with the C ity’s building and f ire codes ensuring that the fut ure residential structures protect the health and safety of future residents and surrounding land uses.
9. The proposed use will not cause subst antial injury to the values of property in the zone in which it is proposed to be listed or in any abutting zone.
The inclusion of a “SB 9 – Second Single-Family Dwelling” as a permitted use in the City’s single -family residential (R -1) zone is required pursuant to State law (California Government Code Section 65852.21).
It is not a nticipated that the development of SB 9 – Second Single- Family Dwellings in the City’s R- 1 zones will cause substantial injury to the values of property in this zone, or in any a butting zone. These residential structures will be limited to a second single-family dwelling as prescribed i n the State Law, and as currently permitted in the R-1 zone through approval of a Conditional Use Permit.
Allowing for a by -right SB 9 – Second Single-Family Dwelling may presumably increase the value of a property through the additional by -right developme nt potential. Notwithstanding, SB 9 – Second Single- Family Dwellings would be subject to development standards that establish requirements for setb acks, heights, open space, etc. that aim to preserve and protect the character of existing residential neighborhoods.
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K. In accordance with California Government Code Section 65860, the proposed Zone Text Amendment, associated Ordinance have been determin ed to be consistent with the Burbank2035 General Plan and are compatible with t he objectives, policies, general land uses and programs specified therein, and more specifically, the General Plan Land Use Element
L. Pursuant to California Government Co de S ections 65852.21(j) and 66411.7(n), the adoption of an ordinance by a city or cou nty implementing the provisions of Government Code Sections 66411.7 and 65852.21 and regulating SB 9 Projects is not a “project” subject to the requirements of CEQA. As such, the adoption of the proposed Ordinance is exempt from CEQA and no further anal ysis under CEQA is required.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Findings. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.
Section 2. Amendment to Burbank Municipal Code (“BMC”) Section 10-1- 602 (Uses in R-1 and R-1-H Zones). The following portions of the table in BMC Section 10-1-602 (Table 10-1-602) is hereby amended with the following additions (additions to the BMC are underlined):
Table 10-1-602
Permitted Uses in the R-1 and R-1-H Zones
Symbol Meaning
P Use is permitted
AUP Administrative use permit required (see Article 19, Division 4.1) CUP Conditional use permit required (see Article 19, Division 4) S When required by State preemption law
--- Use is prohibited
Land Use R-1 R-1-H Specific Use Standards
Residential and Accessory Uses
Single family dwelling, not to exceed one per
lot, including mobile homes and manufactured
homes
P P
Single family dwellings, additional, on one lot CUP (1)(9) CUP (1)(9) SB 9 – Second Single-Family Dwelling, on one
lot S (10) --- 10-1-608.1
Garages, private P (2) P (2)
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Land Use R-1 R-1-H Specific Use Standards
Accessory structures, including minor
structures for which no building permit is
required (3)
P (4) P (4)
10-1-604
Accessory uses typical for a single-family home
including tennis courts and swimming pools P P
Accessory dwelling unit and Junior accessory
dwelling unit P P Article 6, Division 3
Home occupation P P Article 6, Division 11
Home occupation, music lessons AUP AUP 10-1-672
Planned residential development CUP CUP Article 6, Division 8 Stable or corral, non-commercial, for keeping
horses owned by the owner or occupant of the
property only
--- P
10-1-605
Small family day care home P P
Large family day care home AUP AUP Article 6, Division 13 Community care facility (licensed, six or fewer
occupants) P P
Community care facility (unlicensed, six or
fewer occupants) P P
Supportive Housing P (8) P (8)
Transitional Housing P (8) P (8)
Notes/Additional Requirements:
(9) "Single-Family Dwellings, additional on one lot” are prohibited if there exists an SB 9 – Second Single-Family Dwelling, as defined in Section 10-1-608.1, on the lot.
(10) A SB 9 – Second Single-Family Dwelling, as defined in Section 10-1-608.1, is prohibited if there exists a First Single-Family Dwelling, as defined in Section 10-1-608.1, and a “Single-Family Dwelling, additional, on one lot” that was approved by a Conditional Use Permit.
Section 3. Amendment to BMC T itle 10, Ch apter 1, Artic le 6, Division 1 .
Two new S ections, 10-1-608.1 and 10-1-6 08.2, titled “ SB 9 – Second Single-Family Dwellings” and “Urban L ot Splits”, respectively, are hereby added to th e BMC and replace in its entirety, Section 10-1-608. The two new Sections are added to the BMC as shown in Exhibit 1 and 2 to this Ordinance, attached and incorporated herein.
Section 4. Severability. If any provision of this Ordinance or its applic ation is held invalid by a court of co mpetent jurisdiction, such invalidity shall not affect other provisions, sections, or a pplications of the Ordinance, which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5. Environmental Assessment This Ordinance is not subject to t he California Envir onmental Quality Act (Public Resources Code Section 21000 et seq, ) (“CEQA”). Under Government Code Sections 65852.21(j ) and 66411.7(n), the adoption of an ordinance by a city or county implementing t he provisions of Governmen t Code
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Sections 66411.7 and 65852.21 and regulating SB 9 – Second Single-Family Dwellings and Urban Lot Splits is not a “project” subject to the requirements of CEQA.
Section 6. Effe ctive Date and Expi ration of U rgency Ordinance . This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. Upon that effective date, Urgency Ordinance No. 23-3,991 shall automatically expire a nd the inter im development standards adopt ed therein wil l automatically be repealed and replaced by the standards adopted in this Ordinance.
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PASSED AND ADOPTED this ____ day of ________, 20__.
___________________________________
Nick Schultz
Mayor of the City of Burbank
Attest: Approved as to Form
Office of the City Attorney
_____________________________ _________________________________ Kimberley Clark, City Clerk Iain MacMillan
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopt ed by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as require d by law in a newspaper of general circulation in the C ity of Burbank , Califo rnia w ithin 14 days following its _____________ , 2024 adoption.
______________________________
Kimberley Clark, City Clerk
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EXHIBIT A TO ATTACHMENT 1
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Title 10: Zoning Regulations
Chapter 1: Zoning
Article 6: Residential Uses and Standards
Division 1: Single Family Residential Zones
Section 0608.1: SB 9 – Second Single-Family Dwellings
A. APPLICABILITY.
1. This Section shall apply to all projects propo sing a new, or improvements to an existing, SB 9 – Second Si ngle-Family Dwelling when allo wed pursuant to California Government Code Section 65852.21.
2. SB 9 – Second Single-Family Dwellings shall only be permitted in the R-1 zone, when allowed pursuant to California Government Code Section 65852.21.
3. SB 9 – Second Single- Family Dwellin gs shall be prohibit ed in the R -1-H Horsekeeping Zone pursuant to California Government Code Section 66499.41(h)(2).
4. All SB 9 – Second Single -Family Dwellings shall comply with all applicable development standards in the underlying R-1 Zone, except as identified in this Section. Th e requirements of this Se ction shall supersede any conf licting property development standards of the underlying R-1 Zone.
5. To the extent that any provision in this Section conflicts with sta te la ws th at preempt loca l develo pment standards for an applic able project, s tate law will control over the conflicting provision. In such event, the remainder of this Section that is not in conflict with state law will apply to the project.
B. DEFINITIONS.
For the purposes of thi s Section, and this Section only, the terms below are defined as follows:
“First Single -Family Dwelling” shall mean a single-family residential unit on a Single- Family (R-1) Zoned property. In the event that there are two (2) single-family homes on one R-1 Zoned property, the First Single-Family Dwelling shall be the unit closest to the front pr operty l ine. In the event that both units are of equal di stance from the fron t property line, or should there exist ambiguity regarding the distance of both units from the front pro perty line, the Fir st Single -Family Dwelling shall be established by th e Community Development Director or his/her designee pursuant to site plan review.
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“SB 9 – Second Single-Family Dwelling” shall mean a si ngle-family dwelling, as permitted by California Government Code Section 65852.21, other than the First Single- Family Dwelling, Accessory Dwelling Units or Junior Accessory Dwelling Units. “Dwelling U nit(s)” shall mean any dwelling unit, including but not limit ed to a First Single-Family D welling, SB 9 – Second Si ngle-Family Dwelling, A ccessory D welling Units or Junior Accessory Dwelling Units.
“Urban Lot Split” shall mean subdivision of one (1) existing R-1 zoned single- family lot into no more than two (2) new R-1 zoned single-family lots in accordance with California Government Code Section 66411.7.
“Specific Adverse Impact” shall hav e the same me aning as set forth in California Government Code Section 65589.5, subdivision (d), paragraph (2).
C. ELIGIBILITY F OR AN SB 9 – SECOND SING LE-FAMILY RESI DENTIAL DWELLING.
A lot shal l only be eligi ble for a SB 9 – Second Single- Family Dwelling when all t he following requirements are met:
1. “SB 9 – Second Single-Family Dwellings” shall be a permitted use.
2. T he property shall have no more than one (1) existing Dwelling Unit if the lot was established through prior exercise of an Urban Lot Split.
3. Demolition or Alteration of Existing Housing. The propose d project would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels aff ordable to persons and famil ies of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price contr ol through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three y ears, from the date that an application is submitted.
4. Ellis Act Rental or Lease Termination. The Owner(s) of the property on which the project is proposed has not exercised the owner’s rights under C hapter 12.75 of Division 7 of Title 1 of the California Government Code (the Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
5. Historic Properties. The project is not located within a historic district or property
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included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
6. L ocation of Development Site. The project is not located on a site that meets any of the criteria identified in California Governm ent Code Section 65913.4(a)( 6)(B- K).
D. DEVELOPMENT STANDARDS FOR S B 9 – SECOND SINGLE -FAMILY DWELLINGS.
All SB 9 – Second Single-Family Dwellings shall comply with all applicable development standards in the underlying R-1 Zone, except as identified in the paragraphs below. The requirements o f this Section shall supersede any conflictin g property development standards of the underlying R-1 Zone.
1. MAXIMUM NUMBER OF SB 9 – SECOND SINGLE-FAMILY DWELLINGS
PERMITTED
a. One (1) SB 9 – Second Single-Family Dwelling shall be permitted on a lot. b. The perm itted SB 9 – Second Single-Family Dwe lling is in addition to the First Single -Family Dwelling an d any other Dwelling Units that may be permitted on the property per Burbank Municipal Code Section 10-1- 602, but in no event are more than four (4) Dwelling Units permitted on the property.
2. SQUARE FOOTAGE
a. SB 9 - Second Single-Family Dwellings shall comply with the Floor Area Ratio and Lot Coverage requirements of the underlying R-1 Zone. b. SB 9 - Second Single -Family Dwellings s hall comply with all applicable objective development standards , to the extent that they do not preclude an 800 square feet SB 9 – Second Single-Family Dwelling.
3. SETBACKS
a. SB 9 – S econd Single-Family Dwellings shall be subjec t to the setbacks and upper-story ste pback requirements of the underly ing R -1 Zo ne, with the exceptions identified below:
i. First Floor Minimum Setbacks (Street -facing side, In terior side and R ear Property Lines ): SB 9 – Second Single-Family Dwellings shall provide a minimum setback of 4-feet.
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ii. Second Story Stepback (Rear Property Line): If a second story is provided, SB 9 – Second Single-Family Dwellin gs shall provide a minimum stepback of 15-feet.
iii. No setback shall be required when a SB 9 – Second Single-Family Dwelling is constructed in the same location, and to the same dimen sions and volume as an existing legal structure that is converted into a SB 9 – Second Single-Family Dwelling or to a portion of a SB 9 – Second Single- Family Dwellings, even when that structure has been demolished. iv. Encroachments into t he minimum yard setbacks are p ermitted as established in t he underl ying R-1 Z one. Where utility e asements exist, minimum setbacks for the SB 9 – Second Single-Family Dwelling shall not encroach on the utility easements.
4. ATTACHED AND DETACHED SB 9 – SECOND SINGLE-FAMILY DWELLINGS SB 9 – Second Single-Family Dwelling may be attached or detached from the First Single-Family Dwelling.
5. BUILDING SEPARATION
When a New SB 9 – Second Single-Family Dwelling is detached from the Fi rst Single-Family Dwelling, the following building separation requirements apply:
a. New SB 9 – S econd Single-Family Dwellings must be located at least six (6) feet away fr om any other structure on the same lot as measured fr om the exterior walls of the str uctures, or the outside edge of suppor ting posts for non-enclosed structures or portions thereof.
b. T he eave projections of New SB 9 – Second Single-Family Dwellings must be at least four (4) feet away from the eave projections of any other structure on the same lot.
c. A SB 9 – Second Single-Family Dwelling may be co nnected to the First Single-Family Dwelling by means of a porte- cochere, breezeway, patio covering, or other non-enclosed structural feature.
d. No building separation r equirements shall be required w hen converti ng an existing structure into a SB 9 – Second Single-Family Dwelling, or when a SB 9 – Second Single-Family Dwelling is constructed in the same location, and to the same dimensions and volume as an existing structure.
6. OFF-STREET PARKING
a. SB 9 – Second Singl e-Family Dwellin gs shall be subject to the off -street parking requirements of the underlying R-1 Zone, with the exceptions
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identified below:
i. One (1) parking space for the SB 9 – Second Single-Family Dwelling shall be required, unless exempted from the parking requirement. ii. Parking Exception. No parking is required if the parcel is located (1) within one-half mile walking dista nce of a high-quality tran sit co rridor as expressly defined in Section 21155(b) of the California Public Resour ces Code, (2) within one-half mile walking distance of a major trans it stop as expressly defined in Sect ion 21064.3 of the California Public Reso urces Code, or (3) within one block of a car share vehicle.
iii. Required on-site parking can be covered, uncovered, tandem or provided through the use of a mechanical automobile parki ng lift. Tandem parking as defined in this Section means that two or more aut omobiles are parked in a d riveway or in any other location on a lot . Additionally, the automobiles would be lined up behind one another in a manner that meets all vehicle maneuvering requirements.
iv. When an exist ing attached garage is located in the front or street-facing yard and is conver ted into a SB 9 – Second Single- Family Dwelling the driveway and curb cut leading to said g arage may be kept in place to accommodate parking only if t he parking stalls in the dr iveway meet minimum parking stall dimensi ons of 18’ -0” deep and 8’ -6” wide. If the driveway does not meet these minimum parking stall dimensions, the driveway and curb cut shall be removed.
v. Notwithstanding any curb cut separation requirements, a new curb cut and driveway may be installed on a property so long as minimum vehicle parking stall dimensions of 18’-0” deep and 8’-6” wide are satisfied, and no additional onsite p arking areas exist on the property that satisfy these minimum par king stall dimensions . Such driveway shall meet the development standards in Sections 10- 1-603(I)(7), 10-1-603(I)(9), and 10- 1-603(I)(10). Any proposed new driveway or curb cut will be subject t o applicable tree protection pr ovisions outlined in Burbank Municipal Code Title 7, Ch. 4 and adopted utility safety and design regulations regarding utility lines or boxes, as well as other public utilities that may be impacted by said driveway or curb cut.
vi. Required parking for a SB 9 – Second Single- Family Dwellin g provided on-site can be tandem and in an existing driveway or wit hin any existing setback area, unless spec ific findings are made that parking in setback areas or tandem parking is not feas ible base d upon specif ic site, topographical or fire and life safety conditions. When a designated parking area is provided and is not located in the driveway as ta ndem, the parking space must mee t the minimum required par king space dimensions, turning radius, and backup distance as required in the Code.
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7. PRIVATE OPEN SPACE
a. SB 9 – Second Single-Family Dwellings shall provide a minimum of 70 square feet of private open space. For the purposes of complying with this requirement, th e private open space shall be provided in one area . No dimension of the private open space shall be less than 5-feet. b. P rivate open spa ce a reas shall be locate d outside of a structure and shall abut the unit that it serves to allow direct access from the unit. c. P rivate open space areas shall have a slope no greater than five percent. d. Setback areas may b e uti lized for private open spa ce. Balconies used for private open space may encroach as permitted in Table 10-1- 603(G). Interior side and rear yards setback areas may be ut ilized for private open space so long as the open space is provided at grade and m inimum dimensions are satisfied.
e. Private open space areas shall be separated from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access features. f. Private open space areas shal l n ot contain s tairways or ramps except as necessary to provide access to the open space areas located on d ifferent levels of the structure.
8. DESIGN STANDARDS
a. When a gar age is converted i nto a new SB 9 – Second Single- Family Dwelling, the garage door must be removed and replaced with one or more windows and/or a residential entry door.
b. The design and construction of each new SB 9 – Se cond Single- Family Dwelling and conversion of existing structures shall conform to all applicable provisions of Title 9 Chapter 1 (Building) of this Code. The SB 9 – Second Single-Family Dwelling shall comply with all provis ions of the Code pertaining to the adequacy of water, sewer, electrical , drainage, and fire and emergency services to the property on which the SB 9 – Second S ingle- Family Dwelling will be located a s well as all applicable codes pe rtaining to building, fire, health, and/or safety.
c. If a detached SB 9 – Second Single- Family Dwel ling is visible from the street, then the main entrance shall face the same directio n a s the mai n entrance for the First Single-Family Dwelling or face the side property lines.
The main entrance may face an alley if the entrance is at least 5 feet away from the property l ine abutting the alley, and an other entrance is provided facing the front or side property lines.
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E. LENGTH OF RENTAL TERM.
All rentals of any SB 9 – Second Single-Family Dwellings shall be for a term longer than 30 days.
F. UTILITY CONNECTION.
SB 9 – Second Single-Family Dwellings shall have utility connections as follows:
1. Sewer – All private sewer lateral connections s hall be independent of other Dwelling Units and shall have separate connection points to the City sewer main.
Should the lot be subdivided, the new private sewer lateral will either need to be located solely within the new lot or will be within a utility easement (with minimum 10-foot width) established and centered along the ali gnment of the private sewer lateral for each separate private sewer lateral, per Burbank Municipal Code 8-1- 303.
2. Water and Electric – All connections shall be in accordance with the Burbank Water and Power Rules and Regulations, as may be amended.
G. ADDRESS ASSIGNMENT.
The Public Works de partment will determine address assignments for all new SB 9 – Second Single-Family Dwellings.
H. SPECIFIC ADVERSE IMPACT.
The Community Development Department may deny a proposed SB 9 – Second Single- Family Dwellin g upon a written finding from the Build ing Of ficial, based upon a preponderance of the evidence, that the proposed SB 9 – Second Single-Family Dwelling would have a Specific Adverse I mpact upon public health and safe ty or the physical environment and for w hich there is no feasible method to satisfact orily mitigate or avoid the Specific Adverse Impact.
I. SUBMISSION OF AN APPLICATION.
An application for a SB 9 – Second Single-Family Dwelling must be submitted on th e City’s app roved form. Only a complete ap plication will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:
1. Project Application. A complete project application shall be filled out with property owner and applicant signature(s).
2. Eligibility Requirements. The applicant shall provide proof that the project meets all the eligibility requirements identified in this Section.
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3. Architectural P lans. Architect ural Plans shall include an ex isting and pr oposed site p lan, floor plan(s) , elevation pl ans, roof plans(s), building sect ion plans( s), pictures of existing site, and such other materials as may be deemed necessary by t he Community Development Director to decide on the completeness of an application.
4. The applicable application fees.
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EXHIBIT B TO ATTACHMENT 1
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Title 10: Zoning Regulations
Chapter 1: Zoning
Article 6: Residential Uses and Standards
Division 1: Single Family Residential Zones
Section 0608.2: SB 9 – Urban Lot Splits
A. APPLICABILITY.
1. This Section shall apply to all projects proposing an Urban Lot Split pursua nt to California Government Code Section 66411.7.
2. Urban Lot Splits shall only be permitted in the R -1 zone, when allowed pursuant to California Government Code Section 66411.7.
3. Pursuant to Ca lifornia Government Code Sec tion 66499.41(h)(2), Urba n Lot Splits shall be prohibited in the R-1-H Horsekeeping Zone.
4. All Urban Lot Splits shall comply with all applicable lot design standards in the underlying R- 1 Zone, except as identified in this Section. T he requirements of this Section shall supersede any conflicting lot design standards of the underlying R-1 Zone.
5. To the extent t hat any p rovision in this Section conflicts with state laws that preempt local standards for an applicable project, s tate law will control over the conflicting provision. In s uch event, the remainder of thi s Section that is not in conflict with state law will apply to the project.
B. DEFINITIONS.
For the purposes of th is Section, and this Se ction only, the terms belo w are defined as follows:
“First Single-Family Dwelling” shall mean a singl e-family res idential uni t on a Single- Family (R-1) Zoned property. In the event that there are two (2) single- family homes on one R-1 Zoned property, the First Single-Family Dwelling shall be the unit closest to the front pr operty line. In the event that b oth units ar e of equal distance from the fr ont property line, or should there exist ambiguity regarding the distance of bot h units from the front property line, the First Single -Family Dwelling shall be establ ished by the Community Development Director or his/her designee pursuant to site plan review. “SB 9 – Second Single-Family Dwelling” shall mean a single -family dwelling, as permitted by California Government Code Section 65852.21, other than the First Single-
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Family Dwelling, Accessory Dwelling Units or Junior Accessory Dwelling Units. “Dwelling U nit(s)” shall mean any dw elling u nit, including but not limited to a First Single-Family Dwelling , SB 9 – Second Single- Family Dwelling , A ccessory Dwelling Units or Junior Accessory Dwelling Units.
“Urban Lot Split” shall mean subdivision of one exi sting single-family zoned lot into no more than two new single -family zoned lots in accordance with California Gove rnment Code Section 66411.7.
“Specific Adverse Impact ” shall have the same meanin g as set forth in C alifornia Government Code Section 65589.5, subdivision (d), paragraph (2).
C. ELIGIBILITY FOR AN URBAN LOT SPLIT.
A lot shall only be eligible for an Urban Lot Split when all the following requirements are met:
1. T he lot is zoned Single-Family Residential (R-1).
2. The existing lot has not been e stablished through prior exercise of an Urban Lot Split as provided for in California Government Code Section 66411.7.
3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivi ded an adjacent parcel using an Urban Lot Split as provided for in California Government Code Section 66411.7.
4. Demolition or Altera tion of Existing Housing. The prop osed project would no t require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, lo w, or very low income.
b. Housing that is subject to any for m of rent or price control through a public entity’s valid exercise of its police power.
c. H ousing that has been occupied by a tenant in the las t three years, from the date that an application is submitted.
5. Ellis Act Rental or Lease Termination. The Owner(s) of the property on which the project is proposed has not exe rcised the owner’s rights under Chapter 12.75 of Division 7 of Title 1 of the Californi a Government Code (the Ellis Act) to withdraw accommodations from rent or lease w ithin 15 years b efore the date that the development proponent submits an application.
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6. H istoric Properties. The project is not located within a historic district or prope rty included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or wit hin a site that is d esignated or li sted as a city or county landmark or historic p roperty or district pursuant to a city or county ordinance.
7. L ocation of Development Site. The project is not located on a site that meets any of the criteria identified in California G overnment Code Section 6 5913.4(a)(6)(B- K).
D. LOT DESIGN STANDARDS FOR URBAN LOT SPLITS.
All Urban Lot Splits shall comply with a ll applicable lot desi gn standards in the underlying R-1 Zone, except as identified in the paragraphs below. The requirements of this Section shall supersede any c onflicting lot design standards of the underlying R-1 Zone.
1. MAXIMUM NUMBER OF PARCELS CREATED, LOT AREA AND LOT
DIMENSIONS
a. Maximum Number of Parcels Created: Property subdivided by an U rban Lot Split can create no more than two (2) new parcels.
b. Minimum Lot Area: Parcels created through an Urban Lot Split shall meet the following Lot Area requirements.
i. Both of the newly created parcels shall be no smaller than 40 percent the lot area of the original parcel, and
ii. Both newly created parcels shall be no smaller than 1,200 square feet. c. Minimum Lot Dimensions (Length and Width) : Property subdivided by an Urban Lot Split shall provide the minimum lot dimensions. i. Lot Width. The lot width of bo th of the newly created parcels shall be no smaller than 40 percent the lot width of the original parcel, or a minimum of 25-feet, whichever is greater.
ii. L ot Depth. The lot depth of both of the newly created parcels shall be no smaller than 50-feet.
2. FLAG LOTS
a. Creation of Flag Lots, as defined in Burbank Municipal Code Secti on 10-1- 203, shall be prohibited.
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b. The lot lines being created or modified to create the s ubdivision shall not have any curves or angles. They shall consist of straight l ines that run from either: (1) the front lot line to the rear lot line, or (2) from the one side lot line to another side lot line.
3. PUBLIC RIGHT OF WAY FRONTAGE AND VEHICLE ACCESS
a. Minimum Public Right -of-Way Frontage: The mi nimum publ ic right -of-way frontage for each newly created parcel shall be no smaller than 40 percent the lot width of t he original parcel , or a mini mum of 25- feet, whichever is greater.
b. Each newly created parcel shall provide vehicle access onto the parcel from the public right-of way.
E. NUMBER OF DWELLIN G UNITS ALLOWED ON PARCELS SUBDIVIDED THROUGH AN URBAN LOT SPLIT.
A maximum of two (2) Dwelling Units shall be permitted on parcels created t hrough the exercise of an Urban Lot Split.
F. OWNER OCCUPANY AFFADAVIT.
When a lot is subdivided through an Urban Lot Split, t he owner of record of the original lot shall occupy a Dwelling Unit on one of the resulting lots as their principal residence for a minimum of three years f rom the date of approval of the U rban Lot Split. The owner shall submit the affidavit as described in BMC Subsection 10-1-608.2(O)(4).
This requirement shall not apply to a community land trust,” as defined in clause (ii) o f subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenu e and T axation C ode, or a “ qualified no nprofit corporation,” as descri bed in Section 214.15 of the Revenue and Taxation Code.
G. LENGTH OF RENTAL TERM.
All rentals of any Dwelling Unit located on parcels created through the exercise of an Urban Lot Split shall be for a term longer than 30 days.
H. DEED RESTRICTION.
The owner of a lot created through an Urban Lot Split must record a deed restriction for the benefi t of the C ity, in a form established by the City of Bur bank Commun ity Development Department and City Attorney’s Office, that does each of the following:
1. Gives notice that the lot was created through an Urban Lot Split.
2. Gives notice of any site limitations resulting from an Urban Lot Split.
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3. Expressly prohibi ts any dev elopment or construc tion on the lot t hat would b e inconsistent with City adopted standards.
4. Expressly prohibits the rental of any Dwelling Unit on the l ot for a period of less than 30 days.
5. Expressl y prohibits any non -residential use of the parcels created by the Urban Lot Split.
6. Expressly prohibits any separate conveyance of a First Single -Family Dwelling on the lot, any separate fee interests, and any common interest development within the lot.
7. I dentifies the City as an intended third-party beneficiary with the right, but n ot the obligation, to enforce its terms and provisions.
I. SEPARATE CONVEYANCE.
1. D welling Units on a single lot t hat is created by an U rban Lot Split may not be owned or conveyed separately from each other.
2. Condominium ai rspace divisions and common i nterest developments are no t permitted on a lot that is created by an Urban Lot Split.
3. All fee interest in a lot must be held equally and undivided by all property owners.
4. Separate co nveyance of the resulting lots through an Urban L ot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other – the Urban Lot Split boundary may separate them for convey ance p urposes, if the structures meet building code saf ety standards and are sufficient t o allow separa te conveyan ce. If any a ttached structures span, or will span the new l ot line, the owner mus t record appropriate conditions, covenants, restrictions, easements or other documentation that is necessary to allocate risk and responsibility between the owners of the two lots.
J. SPECIFIC ADVERSE IMPACTS.
The Community Development Department may deny a proposed Urban Lot Split upon a written finding from t he Building Official, based upon a preponderance of the e vidence, that the proposed U rban Lot Split would have a S pecific A dverse Impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact.
K. UTILITY CONNECTION.
Each lot crea ted through an Urban Lot Split shall have it s own independent utilit y connections (sewer, water and electric ). The Dwelling Units as defined in this Section
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on each newly created lot shall have utility connections in accordance with the Burbank Municipal Code and the Bu rbank Water and Power Rules and Regulations, as may be amended.
L. EASEMENT REQUIREMENT.
When applicable, an easement may be required for each ne wly created parcel that is created through an Urban Lot Split to acc ommodate for vehicle and pedestrian access onto the site, backflow devices (i f necessary), and/or utility service. When applicable , easements shall be reflected in the recorded parcel map.
M. DEDICATIONS AND OFFSITE IMPROVEMENTS.
No dedication of rights-of-way, or construction of offsite improvements, shall be required for an U rban Lot Spli t – except for those necessary to complete standard sidewalk, parkway, and/ or drainage improvemen ts d irectly associated with the su bject property.
To the extent that dedication of rights-of-way or construction of offsite improvements are necessary to avoid a Specific Adverse Impact, the application shall be subject to denial.
N. ADDRESS ASSIGNMENT.
The Public Works Department will determine address assignments for all Dwelling Units that are constructed on lots that are created through the exercise of an Urban Lot Split.
O. SUBMISSION OF APPLICATION, PAYMENT OF FEES, AND PROCESSING.
An application for an Urban Lot Split must be submitted on the Ci ty’s approved form.
Only a complete applicati on will be co nsidered. The City’s applicat ion form shall, at a minimum, require the applicant to submit the following:
1. Project A pplication. A complete project appl ication with propert y o wner and applicant signature(s).
2. E ligibility Requirements. Proof that t he project meets all of the el igibility requirements identified in this Section.
3. Tentative Parcel Map. A complete tentative parcel map with all required information that is prepared in acco rdance wit h Ar ticle 2 of Chapter 1, in Title 11(Subdivisions) of the Burbank Municipal Code.
4. S igned Affidavit. A signe d affidavit stating that the applicant intends to occupy a Dwelling Unit on one of the resulting lots as the applicant’s principal residence for a minimum of three years from the date of approval of the Urban Lot Split.
5. The applicable application fees.