1 MEMORANDUM
DATE: February 8, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Assistant Community Development Director - Planning Scott Plambaeck, Planning Manager
Daniel Villa, Principal Planner
BY: Xjvirr Thomas, Associate Planner
SUBJECT: February 13, 2024 City Council Meeting Agenda Item No. 10 Public Hearing – Introduction of an Ordinance 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 Splits in the Single- Family Residential (R- 1) zone, to Ensure Consistency with State Law
This memo is to update Attachment 1 (Draft Ordinance) , Attachment 2 (Redlined Ordinance), regarding the February 13, 202 4 City Council Regular Meeting Agenda Public Hearing – Introduction of an Ordinance 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 Splits in the Single- Family Residential (R-1) zone, to Ensure Consistency with State Law.
Below are the changes to Attachment 1:
• To better identify the amendments being made to Table 10-1- 602, “Section 2 .
Amendment to Burbank Municipal Code (“BMC”) Section 10 -1-602 (Uses in R-1 and R-1-H Zones).” has been updated to read as follows:
The following portions of the table in BMC Section 10-1- 60 2 (Table 10-1- 602) are
hereby amended with the following additions (additions to the BMC are underlined):
COMMUNITY
DEVELOPMENT
2 • Table 10-1- 602 was updated to underline the proposed amendments , and to incorporate another symbol (“S”), which has a meaning of “When required by State preemption law”. In addition, to ensure that SB 9 – Second Single Family Dwellings are only allowed when required by State preemption law, this symbol was incorporated to t he land use “ SB 9 – Second Single Family Dwelling ”. These updates are identified in red below.
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)
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
3 Land Use R-1 R-1-H Specific Use Standards
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.
• “ EXHIBIT A TO ATTACHMENT 1” has been updated. Specifically, paragraphs “a.” and “b.” of subsection “2. SQUARE FOOTAGE” of Section “D. DEVELOPMENT STANDARDS FOR SB 9 – SECOND SINGLE -FAMILY DWELLINGS ”. The updates were included to clarify that SB 9 – Second Single-Family Dwellings are subject to all applicable objective development standards, to the extent that they do not preclude an 800 square feet dwelling, The paragraphs have been updated to read as follows:
a. SB 9 - Second Single-Family Dwellings shall comply with the Floor Area Ratio and Lot Coverage requirements of the underlying R-1 Zone. 4 b. SB 9 - Second Single -Family Dwellings shall 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.
ATTACHMENTS
Attachment 1 – Draft Ordinance
Attachment 2 – Redline Ordinance