Zone Text Amendment (ZTA) to
Establish Development Standards
in Response to Senate Bill 9
City Council Meeting
February 13, 2024
1 Background
o September 2021 : Senate Bill 9 (SB 9) signed into law – Cal. Gov. Code Sections 66452.6, 65852.21, and
66411.7
o April 5, 2022 : An urgency ordinance was adopted
establishing interim SB 9 Standards.
o May 17, 2022 and March 14, 2023 : Extensions
approved.
oUrgency Ordinance is set to expire on April 4, 2024 . 2 For properties located in the Single -Family
Residential (R-1) Zone that meet certain criteria, the City must allow:
1. Ministerial approval of up to two single -family
dwellings ; and
2. The subdivision of one property into two
properties .
Overview of SB 9
3 SB 9 – Second Single-
Family Dwelling
First Single-Family
Dwelling
Overview of SB 9
Lot # 1 Lot # 1 Lot # 2
Two (2) Single -Family Dwellings
on one (1) Lot.
Subdivision of one (1) lot into two
(2) lots.
SB 9
Second
Single-
Family
Dwelling.
SB 9 -
Urban
Lot Split.
4 oSB 9 created a streamlined and ministerial approval process for SB 9 Projects .
oCity may only evaluate SB 9 Projects against
objective zoning and subdivision standards .
oNeed to establish standards as part of a Zone Text
Amendment (ZTA) that can be applied to SB 9
Projects .
Necessity for Zone Text Amendment
5 Recommended Amendments
1. Update permitted uses in the R-1 (Single Family)
Zone.
2. Establish Standards for SB 9 – Second Single -Family Dwellings .
3. Establish Standards for SB 9 – Urban Lot Splits .
6 Updates to Table of Permitted Uses
7 Standards for SB 9 –
Second Single -Family
Dwellings
8 Overview of Development Standards for SB 9 – Second Single-Family Dwellings Section Overview of Section
Definitions Defines key terms.
Eligibility Requirements Identifies the eligibility requirements that must be met for an SB 9 – Second Single-Family Dwelling:
• Permitted Zones.
• Not Exceeding the Maximum Number of Dwelling Units.
• Demolition or Alteration or Existing Housing.
• Ellis Act Rental or Lease Termination.
• Historic Properties.
• Location of Development Site.
SB9 – Second Single -Family Dwellings
9 Section Overview of Section
Objective Development
Standards
All SB 9 – Second Single-Family Dwellings shall comply with all development standards in the R-1 Zone, except for the following:
• Maximum Number of SB 9 – Second Single Family
Dwellings Permitted.
• Square Footage.
• Setbacks.
• Attached and Detached SB 9 – Second Single-Family
Dwellings.
• Building Separation.
• Off-Street Parking.
• Private Opens Space.
• Design Standards.
SB9 – Second Single -Family Dwellings
10 Section Overview of Section
Length of Rental Term States that all rentals of SB-9 Second Single-Family Dwellings must be 30-days or more.
Utility Connection Identifies utility connection requirements for SB-9 Second Single-Family Dwellings.
Address Assignment States that the Public Works Department will assign addresses for all new SB-9 Second Single-Family Dwellings.
Specific Adverse Impact Identifies the specific adverse impact requirement that the Building Official must make to deny an SB-9 Second Single- Family Dwelling.
SB9 – Second Single-Family Dwellings
11 Standards for SB 9 –
Urban Lot Splits
12 Summary of Recommended Amendments
Overview of Subdivision Standards for SB 9 – Urban Lot Splits Section Overview of Section
Definitions Defines key terms.
Eligibility Requirements Identifies the eligibility requirements that must be met for an SB 9 – Second Single-Family Dwelling:
• Permitted Zones.
• Lot has not undergone an Urban Lot Split.
• Not Exceeding the Maximum Number of Dwelling Units.
• Demolition or Alteration or Existing Housing.
• Ellis Act Rental or Lease Termination.
• Historic Properties.
• Location of Development Site.
SB9 – Urban Lot Splits
13 SB9 – Urban Lot Splits
Section Overview of Section
Lot Design Standards Includes standards for:
• Maximum Number of Parcels Created, Lot Area, and Lot
Dimensions.
• Flag Lots.
• Public Right of Way Frontage.
Number of Dwelling Units
Allowed on Parcels
Maximum number of two (2) Dwelling Units are permitted on a parcel created through an Urban Lot Split.
Owner Occupancy Affidavit Owner of the original property must occupy one of the lots created through an Urban Lot Split for a minimum of three (3) year.
14 SB9 – Urban Lot Splits
Section Overview of Section
Length of Rental Term States that all rentals of any Dwelling Unit located on parcels created through the exercise of an Urban Lot Split must be 30- days or more.
Deed Restriction Owner must record a deed restriction on properties. The deed restriction shall state site limitations resulting from the Urban Lot Split.
Separate Conveyance Separate conveyance of the lots resulting from an Urban Lot Split is allowed.
Specific Adverse Impact Identifies the specific adverse impact requirement that the Building Official must make in order to deny an Urban Lot Split. 15 SB9 – Urban Lot Splits
Section Overview of Section
Utility Connection Each lot created through an Urban Lot Split shall have its own independent utility connections (sewer, water and electric).
Easement Requirement Identifies that easements may be required.
Dedications and Offsite
Improvements
No dedication of rights-of-way, or construction of offsite improvements, shall be required for an Urban Lot Split.
Address Assignment Public Works Department will assign addresses for an Urban Lot Split.
16 Exemption for the R -1-H Zone
o Senate Bill 684 (SB 684), Cal. Gov. Section
66499.41(h)(2).
o Rancho Master Plan adopted, May 18, 1993, – City
Council Ordinance No. 3343 & Resolution 23,927.
o SB 9 Projects would be prohibited in the R-1-H Zone. 17 o Voted 4-0 in favor of recommending City Council
approval .
o Planning Commission established that:
1. ZTA is consistent with the findings required to
add a use on a List of Permitted Uses.
2. ZTA is compatible with the objectives, policies,
general land uses and programs in the
Burbank 2035 General Plan.
Planning Commission Recommendation
18 o Public Noticing, Planning Commission Hearing . o Virtual Community Meeting held on Monday,
January 29, 2024 .
• Public Comments & Questions, Attachment 10.
o Public Noticing, City Council Hearing .
Community Outreach
19 oUpdated language in Draft Ordinance – Attachment 1:
1. Table 10-1-602: SB 9 – Second Single Family
Dwellings use changed from “P-Permitted” to “S-
When required by State preemption Law”.
2. Clarify minimum square footage allowance for SB
9 – Second Single Family Dwellings .
Updated Draft Ordinance
20 oExempt from CEQA.
oThe proposed ZTA is not a “project” subject to CEQA – California Government Code Sections 65852.21(j)
and 66411.7(n).
Environmental Assessment
21 The Zone Text Amendment :
1. Creates regulations for SB 9 Projects .
2. Helps to maintain local control and protect
existing residential neighborhoods .
3. Facilitates responsible development .
Conclusion
22 Contact:
Xjvirr Thomas
Associate Planner
(818) 238-5250
[email protected]
23 Zone Text Amendment (ZTA) to
Establish Development Standards
in Response to Senate Bill 9
City Council Meeting
February 13, 2024
24