ARTICLE 6. RESIDENTIAL USES AND STANDARDS

DIVISION 1. SINGLE FAMILY RESIDENTIAL ZONES

10-1-601: PURPOSE:

A.    R-1.

The R-1 Single Family Residential Zone is intended for neighborhoods of single family dwellings separated from multiple family and non-residential uses. The R-1 Zone is appropriate for very low density single family development and, with limited exceptions, is generally not appropriate for non-residential development.

B.    R-1-H.

The R-1-H Single Family Residential Horsekeeping Zone is intended for neighborhoods of single family dwellings with incidental facilities for the keeping of horses, separated from multiple family and non-residential uses. The R-1-H Zone is appropriate for very low density single family development with equestrian accommodations. The R-1-H Zone is generally not appropriate for non-residential development except for certain equestrian related facilities and other limited exceptions.

C.    SECTION RESERVED.

[Formerly numbered Section 31-26; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,970, eff. 4/15/22; 17-3,890; 3669.]

10-1-602: USES IN R-1 AND R-1-H ZONES:

Uses are allowed in the R-1 and R-1-H zones as follows:

A.    PERMITTED USES.

Table 10-1-602 identifies the land uses allowed by this Zoning Ordinance, and the land use permit, if any, required to establish a use or expand an existing use.

B.    PROHIBITED LAND USES.

Uses not expressly listed in Table 10-1-602, or uses listed as prohibited, may not be carried on in the R-1 or R-1-H zones except as lawful nonconforming uses, unless authorized per Section 10-1-503 or other provisions of this Code.

C.    APPLICABLE SECTIONS.

Where the last column in the table includes a section number, the referenced section includes additional requirements related to the use; however, provisions in other sections of this Chapter may also apply.

 

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)

---

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 mobilehomes and manufactured homes

P

P

 

Single family dwellings, additional, on one lot

CUP (1)

CUP (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

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)

 

Non-Residential Uses

Carnival conducted by a church, public or private school, service club, or nonprofit association or corporation

CUP

CUP

 

Church or church school

CUP

CUP

 

Educational institution, public or private

CUP (5)

CUP (5)

 

Municipal fire station

CUP

CUP

 

Municipal library

CUP

CUP

 

Park or recreational facility, golf course, cultural facility; including incidental commercial uses commonly associated with a park or recreation use

CUP

CUP

 

Parking lot, off-street

CUP

CUP

Article 14, Division 4

Public utility facility

CUP

CUP

 

Wireless Telecommunications Facility

(6)

(6)

10-1-1118

Equestrian and Special Uses

Animal hospital; no boarding

---

CUP (7)

 

Blacksmith; horse shoeing only

---

CUP (7)

 

Petting zoo

---

CUP (7)

 

Plant nursery

---

CUP (7)

 

Stable, commercial; including housing facilities for caretaker on premises

---

CUP (7)

Article 24, Division 9

Cannabis Uses

Cannabis delivery

---

---

10-1-512

Commercial cannabis activities

---

---

10-1-512

Cultivation

---

---

10-1-512

Retailer

---

---

10-1-512

Notes/Additional Requirements:

(1)    Additional single family dwellings legally constructed prior to June 4, 1963 are permitted uses that do not require a CUP.

(2)    Intentionally deleted.

(3)    Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops, storage sheds and buildings and pool houses. Accessory dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by conditional use permit, are not considered accessory structures.

(4)    Intentionally deleted.

(5)    Public educational institutions existing prior to June 1, 1978 are permitted uses that do not require a CUP.

(6)    Permitted in accordance with Section 10-1-1118.

(7)    Permitted only on properties with a land area of 12,000 square feet or greater that abut commercially zoned land.

(8)    Supportive Housing and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the R-1 and R-1-H residential zones, whereas transitional and supportive housing structured as multi-family is limited to the R-2, R-3, and R-4 residential zones.

[Formerly numbered Section 31-27; amended by Ord. No. 22-3,970, eff. 4/15/22; 21-3,957; 20-3,932; 20-3,931; 19-3,930; 18-3,901; 17-3,898; 3890; 3872; 3840, 3817, 3697, 3669, 3622, 3535, 3399, 3139, 3127, 3058, 2858, 2754, 2727, 2371, 2322, 2183.]

10-1-603: PROPERTY DEVELOPMENT STANDARDS:

A.    STANDARDS TABLE. All land uses and structures, and alterations to existing land uses and structures, in the R-1 and R-1-H zones must be designed, constructed, and established consistent with the requirements in Table 10-1-603(A) and all other applicable provisions of this Division and this Code. Numbers in parentheses within the table refer to notes and additional requirements listed at the end of the table. For items marked with an (H), the hillside development standards apply if the property is located within the hillside area, as defined in Section 10-1-606(A). Where the last column in the table includes a section number, the referenced section includes additional requirements related to the development standard. All properties located within the R-1-H Zone must further comply with the requirements set forth in Section 10-1-605, and all properties located within the hillside area, as defined in Section 10-1-606(A), must further comply with the requirements set forth in Section 10-1-606.

TABLE 10-1-603(A): DEVELOPMENT STANDARDS

IN THE R-1 AND R-1-H ZONES 

Development Standards

R-1 and R-1-H

Additional or Related Standards

Dimensions Related to Density

 

 

Minimum lot area

6,000 square feet

 

Minimum lot width

50 feet

 

Minimum lot depth

100 feet

 

Minimum lot area per primary dwelling unit

6,000 square feet

 

Minimum lot area per additional dwelling unit above first 6,000 square feet subject to CUP approval

5,750 square feet

 

Minimum dwelling unit size

850 square feet

 

Minimum dwelling unit width (1)

20 feet

 

Maximum height: (2)

 

 

To top plate

20 feet

10-1-603(C)

To top of pitched roof and architectural features

30 feet (3) (4)

10-1-603(C)

To top of flat roof, parapet, and architectural features

23 feet

10-1-603(C)

To top plate for accessory structures

10 feet

10-1-603(C)

To top of roof and architectural features for accessory structures

14 feet (5)

10-1-603(C)

Maximum number of stories

2; 3 stories if the third story is enclosed within a pitched roof (maximum height requirements apply).

 

Maximum floor area ratio (H)

0.4 for lot area up to 7,500 square ft. plus 0.3 for lot area over 7,500 square ft. and 0.2 for lot area over 15,000 square ft. (6)

10-1-603(D)

Upper-story Stepbacks; Building Plane Modulation

Required for all new dwellings and second story additions.

10-1-603(E)

Maximum lot coverage

50% (7)

10-1-603(F)

Minimum yard setbacks (H)

 

 

Front

Average front yard setback on the blockface.

10-1-603(G)

Rear

15 feet

10-1-603(G)

Interior side

At least 10% of lot width, but no less than 3 feet and no more than 10 feet (8)

10-1-603(G)

Street-facing side

For the first story, no less than 10% of lot width or 5 feet and no more than 10 feet (8). For the second story, 20% of lot width, but no less than 6 feet and no more than 20 feet.

10-1-603(G)

Maximum fence, wall, and hedge heights (H)

 

 

Within the front yard setback area

4 feet (9) (11)

6 feet (hedges only)

10-1-603(H)

Within the street-facing side yard setback area

6 feet (to rear of house) if 50% open; 4 feet if solid (11)

8 feet (to rear of lot) (11)

10-1-603(H)

Outside of the front yard or street-facing side yard setback area

8 feet

12 feet (hedges only)

10-1-603(H)

Required trees for New Single Family Homes

2 trees somewhere on the property, preferably one in the front yard. (Can be existing trees)

10-1-603(L)

Minimum number of off-street parking spaces (H)

 

 

When main dwelling has a gross floor area of 3,400 square feet or less

2 (10)

10-1-603(I)

When main dwelling has a gross floor area of more than 3,400 square feet

3 (10)

10-1-603(I)

Notes/Additional Requirements:

(H)    For items marked with an (H), the hillside development standards apply if the property is located within the hillside area as defined in Section 10-1-606(A).

1.    The minimum dwelling unit width does not apply when a narrower dwelling width is necessary to maintain the minimum required side yard setbacks.

2.    Unless otherwise permitted by state or federal law, the maximum 30-foot height limit also applies to freestanding structures other than buildings, including but not limited to antennas, satellite dishes, and flagpoles.

3.    To achieve this height, the minimum roof slope shall be 30 degrees above a horizontal plane.

4.    Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops, storage sheds and buildings, pool houses, stables, corrals, and tack rooms. Accessory dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by conditional use permit, are not considered accessory structures.

5.    On lots larger than 10,000 square feet, the maximum accessory structure height shall be 23 feet.

6.    Section 10-1-603(D) establishes additional regulations for the floor area ratio. In the hillside area as defined in Section 10-1-606(A), the floor area ratio may be reduced through conditions placed upon a Hillside Development Permit per Section 10-1-606(C).

7.    On lots that have an irregular shape or a varying width, the average lot width, as determined by the Community Development Director, is used to calculate the side yard setbacks. The Director also may reduce the interior side setback adjacent to an alley for blank walls with no ground floor windows for habitable rooms.

8.    In the front yard, any portion of the fence exceeding two (2) feet in height must utilize an open design except as noted above. Open design means that for each one-foot section of fence or wall, at least 50 percent of the surface area is open and provides direct views through the fence or wall. Exceptions to this standard shall be allowed for retaining walls in hillside areas through the Hillside Development Permit process.

9.    The first two required parking spaces must not be tandem spaces. The third parking space may be a tandem space.

10.    The height of the retaining wall adjacent to the sidewalk or the public right of way in front of the house must be measured along the sidewalk or the right of way, not the finished grade of the property.

11.    The height of the retaining wall adjacent to the sidewalk or the public right of way in front of the house must be measured along the sidewalk or the right of way, not the finished grade of the property.

B.    CONFORMANCE TO APPROVED PLANS REQUIRED.

1.    All plans submitted with a building permit shall incorporate all of the project elements reviewed as part of Hillside Development Permit, when applicable. All construction shall comply with approved plans that are part of the building permit following issuance of the respective Development Permit, unless minor modifications or changes are approved by the Community Development Director.

2.    When the owner or the contractor encounters conditions in the field that may require a modification to an approved Hillside Development Permit, it shall be the responsibility of the owner or the contractor to cease work. Information regarding the field conditions then must be provided to the Planning and Inspection staff. The Community Development Director or their designee must approve all proposed field modifications. Should modifications to a remodel result in a whole house demolition, then all standards relating to a new house shall apply and compliance with the respective Development Permit shall be required.

C.    HEIGHT.

1.    For purposes of these standards, height shall be measured as the vertical distance from grade to an imaginary plane located the allowed number of feet (as listed in Table 10-1-603(A)) above and parallel to the grade. The measurement is taken at each point along the face of the structure at no less than one foot intervals, and the reference grade shall be established as the existing ground surface of the lot, prior to any grading, cut, or fill activity or the finished ground surface of the lot, after any grading, cut, or fill activity, whichever is lower.

Diagram 10-1-603(C) illustrates the imaginary plane on a sloped lot and flat lot when measured from the existing grade to the top of the roof. A separate imaginary plane also parallel to the grade determines the maximum top plate height. With approval of a Conditional Use Permit, height may be measured from the average grade in lieu of being measured as described above. In this instance, average grade shall be the average of the highest and lowest finished ground surface elevations at the perimeter of the structure, whether or not the finished ground surface is higher than the existing ground surface.

DIAGRAM 10-1-603(C): HEIGHT MEASUREMENT

2.    No building feature, except parapets above a height of 20 feet, or 10 feet on an accessory structure, shall exceed a roof pitch of 12 vertical inches for every 12 horizontal inches, where pitched. This standard is not intended to require hipped roofs.

3.    Parapets and architectural features shall not exceed 30 inches in height above the intersection of the roof surface and the wall. A flat roof surface must be no higher than 23 feet above grade, or 11 feet above grade when on an accessory structure.

4.    Chimneys shall not extend more than 15 feet above the highest point of the roof or exceed a maximum height of 30 feet, or 17 feet on an accessory structure. Unless otherwise permitted by State or federal law, air conditioning units and other roof-mounted equipment shall not exceed 30 feet in height, or 17 feet on an accessory structure. All such equipment shall be screened so as to limit visibility from the right-of-way.

5.    When a deck or platform is provided on top of a structure, the assumed top plate height of the structure is six (6) feet, eight (8) inches above the deck surface, unless a deck covering or the top plate of an enclosed space on the same level exceeds that height.

6.    Top of the roof height of front porches shall be limited to no more than 12 feet as measured from the existing ground surface of the lot, prior to any grading, cut, or fill activity or the finished ground surface of the lot, after any grading, cut, or fill activity, whichever is lower.

7.    While modest changes in grade (not to exceed 6 inches in non-Hillside areas, and 12 inches in the Hillside) may result when excavation and foundation work are carried out, the placement of fill dirt in the front and rear yards is not allowed in order to change the overall grade of the property and increase the allowable height. Applicants for building permits requiring any grading beyond 6 inches in non-Hillside areas, and 12 inches in the Hillside shall be required to submit a stamped and signed pre-demolition topographic survey, a grading plan as part of the construction documents indicating existing and proposed topography, and, upon completion, a final certification from the surveyor verifying the as-built condition. Any changes to the existing grade must be shown on the construction drawings and approved by the City Building Official in advance of building permit issuance. Subsequent changes to the grade shall not be approved as part of field inspection and, instead, require resubmittal of plan documents to the Community Development Department for review.

D.    FLOOR AREA RATIO.

1.    The floor area ratio (FAR) is calculated using the total gross floor area of all enclosed structures on the property, including the main dwelling structure, accessory structures, accessory dwelling units, enclosed patios, even when open on one or more sides, and sheds; except the following are excluded from the FAR calculation,

(a)    attached garages and carports or portions thereof up to 400 square feet if in front of the house or within the front half of the lot and 500 square feet if either attached or detached in the rear half of the lot; and 600 square feet if access to the garage is taken from the alley; in case of multiple garages, the one with lesser area shall be exempt from FAR, the exemption shall not exceed 600 square feet;

(b)    front covered porches with up to 250 square feet if open on two sides and located on the ground floor,

(c)    stables, corrals, and tack rooms attached thereto;

(d)    detached accessory structures open on all sides;

(e)    attached covered patios, understory of balconies and overhangs that are not supported by posts;

(f)    parking area of any size when located in basement, which is exempt from FAR as specified in sub-section 10-1-603 (D)(4);

(g)    up to two, non-habitable accessory structures under 120 square feet each. Structures above the quantity of two shall be included in FAR; and

(h)    trellises and similar structures that have roofs that are at least 50 percent open to the sky with uniformly distributed openings.

2.    Floor Area shall be calculated for each story and includes the horizontal area within exterior finish face walls. The total gross floor area shall be the sum of the floor area for each story.

3.    Any portion of a structure, including the area above a staircase, over 12 feet in interior height, shall count as floor area as if a second story were within the space. This means that any space with a ceiling or top plate exceeding the maximum allowed one story height shall be considered as constituting two stories for the purpose of calculating floor area and thus the ground floor area is counted twice. For purposes of measuring height in this section, it is measured from grade, not from finished floor.

4.    Basements with usable floor area that meet the minimum habitable room dimensions (area, height and width) as defined by the Building Code shall be counted toward the floor area ratio unless both of the following criteria are satisfied:

a.    The finished floor level of the first story is no more than 24 inches above the adjoining ground surface for at least 50 percent of the perimeter of the basement; and

b.    The basement space is located directly beneath an enclosed space that is included in the floor area ratio calculation.

5.    The following requirements apply to basements whether or not exempted from floor area ratio per Subsection (4) above.

a.    The gross floor area of the basement must be included in the total house square footage for the purposes of determining the number of required off-street parking spaces; and

b.    When built as part of an accessory structure, the gross floor area of the basement must be counted toward the square footage and size limitation of the accessory structure.

6.    Portion of floor area within attics with a floor surface and a ceiling height of five feet or greater shall count toward the Floor Area Ratio.

7.    The floor area for required parking provided underground shall not be counted when calculating the floor area ratio.

8.    Maximum Residential Floor Area. The maximum residential floor area (FAR) by lot size is shown in Table 10-1-603(D). For lot sizes between the sizes shown, the maximum floor area shall be determined by the relevant proportional increase.

TABLE 10-1-603(D): MAXIMUM GROSS FLOOR AREA AND FLOOR AREA RATIO (FAR) BY LOT SIZE 

Lot Size

(Sq. Ft.)

Maximum Gross Floor Area (Sq. Ft.)

Maximum FAR

3,500

1,400

0.4

4,000

1,600

4,500

1,800

5,000

2,000

5,500

2,200

6,000

2,400

6,500

2,600

7,000

2,800

7,500

3,000

8,000

3,150

0.4 for up to 7,500; 0.3 for lot area over 7,500

8,500

3,300

9,000

3,450

9,500

3,600

10,000

3,750

10,500

3,900

11,000

4,050

11,500

4,200

12,000

4,350

12,500

4,500

13,000

4,650

13,500

4,800

14,000

4,950

14,500

5,100

15,000

5,250

15,500

5,350

0.4 for up to 7,500; 0.3 for lot area over 7,500 but less than 15,000; and 0.2 for lot area over 15,000

16,000

5,450

 

16,500

5,550

17,000

5,650

17,500

5,750

18,000

5,850

18,500

5,950

19,000

6,050

19,500

6,150

20,000 or more

As determined by same FAR formula

9.    Calculating FAR on Flag Lots. That portion of the pole or stem portion of a flag lot that is in a shared driveway shall not be used in calculating the maximum allowable floor area within a given FAR allowance. However, land area in the pole portion with a minimum width of 15 feet, and not part of the shared driveway, and under control of a single owner shall be included in calculating the maximum allowable floor area within a given FAR allowance. Such pole area can only be counted for one lot.

10.    Reduced FAR on Sloped Lots in the Hillside. The maximum FAR of 0.4 shall be reduced to 0.35 on all hillside lots with slopes in the 15-29.99 percent range, as determined by the City, and to 0.30 for all hillside lots with slopes of 30 percent or more, as determined by the City. The applicant shall provide a topographic map of the site showing topographic features by means of contour lines, with slope calculated by the formula:

S = (I x L x 100)/A, where:

S = Average ground slope in percent, calculated for the entire lot

I = Contour interval in feet. The contour interval shall be 10 feet or less.

L = The combined length in feet of all contour lines on the lot

A = Gross area for the lot in square feet

11.    Floor Area Ratio Exception

a.    A floor area ratio exception of up to ten (10) percent greater than the maximum square footage allowed for the lot may be granted by the Planning Board for an addition to an existing house that has already reached an FAR of .399. The exception requires a public hearing which must be in compliance with Article 19, Zoning Procedures, and requires notification of property owners within 300 feet.

An Example is listed below:

If a property is 6,000 square feet, the maximum square footage allowed for the lot is 2,400 square feet as determined by Table 10-1-603(D). If a Floor Area Ratio Exception is approved by the Planning Board, the applicant would be able to increase their square footage by 10%, resulting in an increase of 240 square feet. This will result in the maximum square footage allowed for the lot to equal 2,640 square feet.

1.    Eligibility. Only non-Hillside houses on lots of 7,000 square feet or smaller are candidates for an FAR exception.

2.    Findings for approval. A floor area exception shall not be approved unless the Planning Board makes the Findings below:

i.    The addition is on the first story, of quality design, and consistent with the architectural character of the existing home;

ii.    The addition does not propose a setback encroachment nor any exception from any other development standards; and

iii.    The additional floor area is only intended to increase the habitability or function of the structure.

The Planning Board hearing shall be noticed in accordance with the requirements of Section 10-1-607(A), and the decision may be appealed to Council.

E.    UPPER-STORY STEPBACKS.

Building Modulation Required. To reduce second story building mass and avoid shadow and privacy impacts on adjacent property, new construction and exterior alterations and additions must provide front and side setbacks according to the following standards:

1.    Front, second story.

a.    If the front yard setback proposed for the finished wall of the first floor is greater than 35 feet, no additional setback is required for the second story.

b.    If the front yard setback proposed for the finished wall of the first floor is 35 feet or less, the story setback is determined by a 60-degree inclined daylight plane extending from the intersection of the side property line and the existing grade at a point 12 feet above finished grade. See Diagram 10.1.603E(1)(A) below. Alternatively, if the front yard setback proposed for the finished wall of the first floor is between 30 and 35 feet, the second story may be setback an even five feet across the front.

c.    If the front yard setback proposed for the finished wall of the first floor is between 25 and 30 feet, the second story must be set back 10 feet.

d.    Alternatively, if the front yard setback proposed for the finished wall of the first floor is 30 feet or greater, the second story shall be setback at least five (5) feet for 15 percent of the front elevation, and the total floor area of the second story shall not exceed 85 percent of the first story floor area. This option can be integrated with side modulation options to achieve the 85 percent floor area reduction. See Diagram 10.1.603E(1)(B) below.

e.    Exceptions to these setbacks may be granted if a project design follows the average front yard setback on the block.

Findings for Exceptions. A setback exception shall only be approved when the Community Development Director or their designee makes the Findings below:

1.    The granting of the exception is desirable for the preservation of an existing architectural style or neighborhood character which would not otherwise be accomplished through the strict application of the provisions of this chapter; and

2.    It can be demonstrated that the design of the proposed addition is of superior design quality; compatible with existing neighborhood character; effective in minimizing the perceived size of the dwelling; not overly intrusive to the privacy and sunlight access of neighboring dwellings; and

3.    No other exceptions are requested.

DIAGRAM 10-1-603(E)(1)(A): FRONT YARD BUILDING MODULATION ALTERNATIVE A

DIAGRAM 10-1-603(E)(1)(B): FRONT YARD BUILDING MODULATION ALTERNATIVE B

2.    Side, second story. The side yard setback for the second story must conform to one of the following three standards.

a.    Standard E-(2)(a): At least 40 percent of the length of the second story is set back 4 feet from the first floor building face. See Diagram 10-1-603(E)(2)(A) below.

DIAGRAM 10-1-603(E)(2)(A): SIDE YARD BUILDING MODULATION ALTERNATIVE A

b.    Standards E-2b: At least 30 percent of the interior side of a building is offset a minimum of 5 feet in depth from the primary wall. See Diagram 10.1.603(E)(2)(B) below.

DIAGRAM 10-1-603(E)(2)(B): SIDE YARD BUILDING MODULATION ALTERNATIVE B

c.    Standard E-(2)(C): The second story setback is determined by a 45-degree inclined daylight plane extending from the intersection of the side property line and the existing grade at a point 12 feet above finished grade. See Diagram 10.1.603(E)(2)(C) below.

DIAGRAM 10-1-603(E)(2)(C): SIDE YARD BUILDING MODULATION ALTERNATIVE C

3.    Street Side Yard Modulation Additional Requirement. An additional two (2) feet of yard setback shall be required for any portion of the second story side façade of the house greater than 60 feet in length and 14 feet in height.

F.    LOT COVERAGE.

Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, porte-cocheres, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. See Diagram 10.1.603(F) below. The following structures are excluded from this calculation:

1.    Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, balconies, and stairways less than 18 inches in height at surface of deck (and less than six feet including railings);

2.    Eaves and roof overhangs projecting up to two feet from a wall;

3.    Trellises and similar structures that have roofs that are at least 50 percent open to the sky with uniformly distributed openings;

4.    Swimming pools and hot tubs that are not enclosed in roofed structures or decks;

5.    Two small, non-habitable accessory structures under 120 square feet. Structures above quantity of two are to be included in lot coverage; and

6.    R-1-H Zone Only. Stables, corrals, and tack rooms attached thereto.

DIAGRAM 10-1-603(F): DETERMINING LOT COVERAGE

G.    YARDS.

1.    The minimum required setbacks for all yards are specified in Table 10-1-603(A). However, for front yard setbacks, an average front setback for adjoining and nearby lots shall be used. The average front yard setback shall be determined from lots on the same block that are within 250 feet on either side of the subject property. In calculating the average setbacks, measurements that vary from the average by more than 150 percent shall not be used to calculate the average.1

a.    In calculating the average front yard setback for houses with more than one plane, the plane closest to the street shall be used to determine the setback provided that plane constitutes at least 40 percent of the width of the house. See Diagram 10.1.603(G) below.

DIAGRAM 10-1-603(G): FRONT YARD AVERAGING

Average setback includes garages and encroachments of that constitute more than 40% of the front facade.

2.    Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified in Table 10-1-603(G). Encroachment distances are measured from the minimum required setback line and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.

TABLE 10-1-603(G): ENCROACHMENTS INTO YARD AREAS 

Structure/Object

Setback Type

Maximum Encroachment

Structural walls and posts supporting an overhead structure (except accessory structures) and any structural components or objects not specifically listed in this table

Front

none permitted

Rear

none permitted

Interior Side

none permitted

Street-Facing Side

none permitted

Accessory structures (1)

Front

none permitted

Rear

up to within 3 feet of property line but not beyond setback plane (2)(3)

Interior Side

up to within 3 feet of property line but not beyond setback plane (2)(3)(4)

Street-Facing Side

none permitted

Eaves, canopies, porches including their eaves, or balcony covers, cornices, sills, etc.

Front

2.5 feet; 4 feet in the front yard for front porches with a 5-foot minimum clear horizontal dimension. The maximum height to the top of roof for the front porch structure shall be no more than 12 feet. See Diagram 10-1-603(G)(2)(A)

Rear

Interior Side

up to within 2.5 feet of property line (6)

Street-Facing Side

2.5 feet (6)

Garden window boxes and non-structural bay windows

Front

2.5 feet

Rear

2.5 feet

Interior Side

2 feet but no less than 3 feet from the property line

Street-Facing Side

2.5 feet

Uncovered patios or porches at ground level. For a built-up slab-on-grade deck on a sloped lot, four inches above the lowest adjacent grade are permitted.

Front

4 feet (5)

Rear

up to property line

Interior Side

up to property line

Street-Facing Side

up to property line (5)

Uncovered porches, patios, decks, and platforms above ground level and supported from the ground (whether freestanding or attached to a structure)

Front

4 feet

Rear

none permitted

Interior Side

permitted with limitations (6)

Street-Facing Side

none permitted

Uncovered porches, patios, decks, platforms, and balconies above ground level, attached to a structure, and not supported from the ground

Front

4 feet

Rear

5 feet

Interior Side

permitted with limitations (6)

Street-Facing Side

up to within 10 feet of property line

Stairways, ramps, and landings leading up to grade level from basement or other below-grade space

Front

5 feet

Rear

5 feet

Interior Side

none permitted

Street-Facing Side

none permitted

Stairways, ramps, and landings leading from one grade level to another grade level or from grade level up to the first floor level

Front

up to property line

Rear

up to property line

Interior Side

up to property line

Street-Facing Side

up to property line

Stairways, ramps, and landings above floor level of first story (6)(7)

Front

2.5 feet

Rear

none permitted

Interior Side

none permitted

Street-Facing Side

none permitted

Above-ground and in-ground swimming pools and spas (as measured to water line)

Front

none permitted

Rear

10 feet

Interior Side

up to within 5 feet of property line

Street-Facing Side

none permitted

Pool equipment, air conditioning equipment, water heaters (8), barbecues, play equipment, and similar accessory appliances and equipment

Front

none permitted

Rear

12 feet

Interior Side

up to within 3 feet of property line

Street-Facing Side

none permitted

Chimneys

Front

none permitted

Rear

2 feet

Interior Side

2 feet. Encroachment shall be a minimum of 3 feet from the property line

Street-Facing Side

2 feet

Porte-cochere

Front

none permitted

Rear

none permitted

Interior Side

up to 3 feet from the property line with a minimum 5-foot setback from the primary front building plane (9)

Street-Facing Side

none permitted

Notes/Additional Requirements:

1.    Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops, storage sheds and buildings, pool houses, stables, corrals, and tack rooms. Second dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by a Conditional Use Permit, are not considered accessory structures subject to the encroachment provisions in this table.

2.    Accessory structures are permitted to encroach within the standard side and rear setbacks to the minimum three (3) foot setbacks only when located in the rear one-third of the lot. See 10-1-603(G)(4) for information about accessory structure setback planes.

3.    The three (3)-foot side and rear setbacks are not required for accessory structures along any side or rear property line that abuts an alley. However, the setback plane described in 10-1-603(G)(4) still applies.

4.    On lots less than 26 feet wide, accessory structures are permitted to encroach within the three (3)-foot side and rear setbacks to a distance necessary to provide a garage or carport that meets the minimum size specified in Section 10-1-603(I).

5.    Uncovered patios and porches in the front and street-facing side yards are subject to the hardscape limitations in 10-1-603(G)(5).

6.    Porches, patios, decks, platforms, and balconies must be set back a minimum of 10 feet from interior side property lines. This requirement applies whether the porch, patio, deck, platform, or balcony is freestanding, attached to the main dwelling structure, or attached to an accessory structure.

7.    Stairways, ramps, and landings attached to an accessory structure may encroach to the same minimum setbacks as the accessory structure itself.

8.    Water heater and equipment closets that are built-in to a structure or enclosed by structural walls or are within a cabinet are subject to the standard setback requirement for structural walls.

9.    Porte-cochere attached to the interior side of a building may encroach into the interior side yard setback area up to the maximum specified for a maximum length of 20 feet as measured parallel to the property line. The maximum height to the top of a porte-cochere shall be no more than 14 feet in height; the maximum length of a porte-cochere shall be no more than 20 feet. (See Diagram 10-1-603(G)(2)(B).

DIAGRAM 10-1-603(G)(2)(A): PERMITTED ENCROACHMENT FOR PORCHES

DIAGRAM 10-1-603(G)(2)(B): PERMITTED ENCROACHMENT FOR PORTES-COCHERE

3.    Reverse Corner Lots. Where a reversed corner lot abuts a key lot (See Diagram 10-1-603(G)(3) below) and the key lot is located in a residential zone, the minimum required street-facing side yard setback and permitted encroachments for all structures and objects in the rear 30 feet of the reversed corner lot is equal to the required setback and permitted encroachments for structures and objects in the front yard of the key lot.

Diagram 10-1-603(G)(3): LOTS

4.    Accessory Structures. In addition to the minimum setbacks prescribed in Table 10-1-603(G), the top plate of the first or second story of an accessory structure may not extend above the prescribed setback planes. Only roof and related architectural features are permitted to extend above the setback planes. Setback planes are illustrated in Diagram 10-1-603(G)(4) and are defined as follows:

a.    Setback planes extend inward from each side and rear property line at an angle of 45 degrees from the horizontal.

b.    The base of each setback plane is a point located three (3) horizontal feet inward from the property line and 10 vertical feet above the top surface of the six (6) inch foundation stem wall of the accessory structure, or an equivalent vertical distance if the stem wall is a height other than six (6) inches. This applies whether the structure is built on slab or on a raised foundation.

DIAGRAM 10-1-603(G)(4): ACCESSORY STRUCTURE SETBACK PLANES

5.    Additional Requirements. The following requirements apply to all front yards and street-facing side yards:

a.    No more than 45 percent of the required front yard or street-facing side yard setback area shall be hardscaped. For the purposes of this provision, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious or semi-pervious paved surfaces. An additional five (5) percent allowance for decorative brick sections or decorative paving within a landscaped area may be provided if needed for access or to complete a landscape design. If artificial turf is proposed for installation in the front yard, it shall be limited to half of the landscaped square footage.

b.    The allowed hardscaping is limited to a driveway leading directly from a public street or alley to a garage or other required parking area, pedestrian pathways, and encroachments specifically permitted in Table 10-1-603(G). Within the required front yard setback area, driveways must be no wider than 20 feet when the garage is located to the rear of the main dwelling structure, provided the percentage of hardscaping is limited to 45%. The maximum width of driveways at a curb shall be no more than 25 percent of the lot width with no single driveway exceeding 15 feet in width. Circular drives are permitted on lots 100 feet or more in width provided the City’s landscaping standards are met for a lot fronting on a major or secondary arterial street for the purpose of complying with Section 10-1-1403.

c.    No hardscaping is permitted next to a driveway so as to provide a continuous hardscaped surface. When a pedestrian pathway is provided, a landscape buffer shall be installed to separate the pedestrian pathway from the driveway. Pedestrian pathway shall be differentiated from the driveway by incorporating different surface material. Final design of driveway, pedestrian pathway, and percentage of landscaping in the front yard is subject to approval by Community Development Director or their designee.

d.    No vehicle shall be parked in a required front yard or street-facing side yard except on a driveway and subject to the limitations of Section 10-1-1405.

e.    All areas within the required front yard and street-facing side yard setback that are not hardscaped must be landscaped. Such landscaping must be properly maintained. All newly installed landscaping must comply with State of California requirements for the use of water efficient landscaping and irrigation equipment, as adopted in Article 5, Chapter 3, Subsection 9-3-500 of the Municipal Code.

6.    The City Planner and Traffic Engineer may approve exceptions to the requirements of this Subsection to allow for a turnaround area or circular driveway for a lot fronting on a major or secondary arterial street for the purpose of complying with Section 10-1-1403. See the Burbank 2035 Plan for an illustration of the major and secondary arterial streets.

7.    No structures or objects may be constructed or placed in required yard areas except as permitted by this Section or as included in the definition of Landscaping in Section 10-1-203, and subject to the limitations of Section 10-1-603(H).

H.    FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

1.    Fences, Walls, and Hedges.

a.    Fences, walls, and hedges shall not be composed, in whole or part, of dangerous wire types including, but not limited to: razor wire, barbed wire, electric wire, or any other similar wire type that may pose serious risk of injury.

b.    New chain link fences are prohibited in front yards and street facing side yards after February 23, 2017.

c.    The maximum allowed height of fences, walls, and hedges is as specified in Table 10-1-603(A).

d.    Fence in the front yard setback area can have up to two gates, and the gates must be 50 percent open and comply with the height requirements specified in Table 10-1-603(A).

e.    Only one wall/fence, inclusive of any openings for access, is allowed in the front yard setback.

f.    Fence in the front yard setback area may be combined with a retaining wall. The maximum height of a fence in combination with a retaining wall in the front yard setback area shall not exceed 4 feet, as measured from abutting natural grade, prior to any grading, cut, or fill activity, or abutting finished grade, after any grading, cut, or fill activity, whichever is lower, and the fence must be 50 percent open.

g.    The height of a fence, wall, or hedge is measured from the abutting natural grade, prior to any grading, cut, or fill activity, or abutting finished grade, after any grading, cut, or fill activity, whichever is lower.

h.    On sloped surfaces, portions of a fence, wall, or hedge may exceed the maximum height for the purpose of providing a stair step-design, but each stair-step section, as measured from the horizontal midpoint, shall not exceed the maximum height.

i.    Within a required street-facing side yard (other than a reverse corner lot), fences, walls, and hedges are limited to six (6) feet, except for that portion of the street-facing side yard between the rear of the main dwelling structure and the rear property line, the maximum allowed height of a fence, wall, or hedge is eight (8) feet. On a reverse corner lot, fences, walls, and hedges within the street-facing side yard are subject to the same height limits as apply in the front yard.

j.    The only decorative element allowed on top of fences, walls, and hedges in front and street side yards is lighting, which may exceed the maximum allowed height for fences, walls, and hedges up to 18 inches above the actual height of the fence, wall, or hedge or up to a maximum height limit of five (5) feet, six (6) inches. In all other yards, lighting and ornamentation shall not exceed the maximum allowed height for fences, walls, and hedges. Pilasters shall be located at least eight (8) feet from each other, as measured from the center of the pilaster. The maximum width of each pilaster shall be 18 inches. The area of the pilasters is exempt from the 50% open design calculation.

k.    All fences, walls, and hedges must comply with the corner cutoff provisions of Section 10-1-1303.

l.    Gates are subject to the same requirements as fences and walls.

m.    All walls in the front yard setback or street facing side yard must be finished with plaster, stucco, or brick or other similar materials. Materials must be consistent for all walls.

n.    Enforcement of nonconforming fences and walls established prior to October 17, 2008 may be subject to abeyance pursuant to Section 10-1-19202.

o.    If a wall or fence was legal (built pursuant to then existing codes) prior to February 23, 2017, the wall or fence shall not be subject to these standards.

DIAGRAM 10-1-603(H)(1): FENCES AND WALLS

2.    Other Yard Features.

a.    Other yard features, including but not limited to natural features such as rocks; structural features such as arbors, pergolas, fountains, reflecting pools, art works, screens, light poles, benches, and other items included within the definition of Landscaping per Section 10-1-203 are limited to a maximum of two (2) features per street frontage within front and street-facing side yards. Such features must comply with the corner cutoff provisions of Section 10-1-1303.

b.    Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and an interior length of three (3) feet, as measured from the highest abutting ground surface prior to grading. Other yard features are limited to a maximum height of six (6) feet and a maximum width of six (6) feet.

c.    Enforcement of nonconforming yard features established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

3.    Retaining Walls.

a.    Retaining walls located within front yard setback areas are limited to a maximum height of 30 inches in height, and must be setback 18 inches from the sidewalk with a planting buffer strip provided between the wall and the sidewalk. Only two (2) retaining walls are allowed in the front yard setback.

b.    Exposed retaining wall height shall be measured from lowest abutting finished ground surface, after any grading, cut, or fill activity. Within 15 feet of a sidewalk, retaining wall height shall be measured from the sidewalk elevation. For streets with no sidewalk, retaining wall height shall be measured from the public right-of-way elevation.

DIAGRAM 10-1-603(H)(3)(A): RETAINING WALL HEIGHT WITH PLANTED BUFFER

c.    Other exposed retaining walls, located outside the front yard setback area, shall not exceed four (4) feet in height as measured from lowest abutting finished ground surface, after any grading, cut, or fill activity.

d.    Walls shall not be placed above retaining walls within the front yard setback and street facing side yard setback.

DIAGRAM 10-1-603(H)(3)(D): RETAINING WALL HEIGHT WITHIN FRONT YARD

e.    Additional retaining walls must be setback a distance equivalent to twice the height of the exposed retaining wall below as measured from lowest abutting finished ground surface, after any grading, cut, or fill activity.

DIAGRAM 10-1-603(H)(3)(E): RETAINING WALL SETBACK

f.    Nonconforming retaining walls established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

g.    If a retaining wall was legal (built pursuant to then existing codes) prior to February 23, 2017, the wall shall not be subject to these standards.

h.    Damaged legal non-conforming retaining walls that require strengthening or restoring to a safe condition, as determined by any City official charged with protecting the public health or safety, can be replaced to previous height and location upon order of such official.

4.    Exceptions. Exceptions from the requirements of this Subsection (H) (including maximum height, separation, and number of walls, fences, hedges, gates, and retaining walls, and the applicable requirements of Section 10-1-1303 referenced herein) may be granted through approval of a fence exception permit as specified in Article 19, Division 11: Fence Exception Permits and Enforcement. No exceptions shall be granted for development standards for retaining walls located within the front yard setback area.

I.    PARKING AND DRIVEWAYS.

1.    All parking required by this Section must be provided in a carport, as defined in Section 10-1-203, or in an enclosed garage. No more than one (1) side of a garage may be used for a door to provide vehicle access to the garage.

2.    A space no less than nine (9) feet, six (6) inches wide and 19 feet deep must be provided for each required vehicle parking space inside a carport or garage. All parking spaces must be clear of and unobstructed by any encroachments, including but not limited to structural features, shelves, cabinets, appliances, and equipment.

3.    For existing dwellings where the parking area in a garage or carport does not meet the minimum requirements of this Section, the existing parking area shall not be reduced or encroached upon, as determined by the dimensions of the physical space provided.

4.    Existing off-street parking must be maintained consistent with Subsection (3). In the following situations parking otherwise required by this Section must be provided:

a.    An addition to the existing main dwelling structure that results in a total gross floor area, as defined in Section 10-1-203 of BMC, of more than 3,400 square feet, exclusive of attached garages and detached accessory structures.

b.    Whole house demolition of existing dwelling structure, whether or not the garage or carport structure is demolished. This requirement shall apply for detached and attached garages.

c.    The existing garage or carport is demolished or destroyed including but not limited to destruction by an act of God or by fire, removed, relocated, or rebuilt.

5.    Garages located at the front of the main dwelling with a door parallel to the street must be located no closer to the front property line than 10 feet back from the ground floor front facade. An exception to the garage setback shall be granted by the Community Development Director or their designee when the existing block face is already characterized by front facing garages with doors parallel to the front property line and not setback the required 10 feet for at least 40 percent of the houses on the block face.

6.    Garages located at the front of the main dwelling must occupy no more than 50 percent of the width of the dwelling. A three car wide garage is allowed on lots that have a minimum width of 70 feet, but must be offset from the plane of the first two parking spaces by a minimum depth of four (4) feet. This standard applies whether the door is parallel or angled to the street. The Community Development Director or their designee shall approve minor exceptions to this requirement for irregular lots and narrow lots where there is less than fifty (50) feet of frontage.

DIAGRAM 10-1-603(I): MAXIMUM GARAGE WIDTHS AND OFFSETS REQUIRED

7.    The maximum width of driveways at a curb shall be no more than 25 percent of the lot width with no single driveway exceeding 15 feet in width.

8.    Driveways must lead directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible. The City Planner and Traffic Engineer may approve exceptions to this requirement to allow for a turnaround area or circular driveway for a lot fronting on a major or secondary arterial street for the purpose of complying with Section 10-1-1403.

9.    Driveways must be no less than 10 feet wide and must be improved with cement concrete, asphalt, brick, pavers, or another similar permanent surface approved by the Traffic Engineer. Driveways must remain clear and unobstructed by any structural elements or vegetation.

10.    When a turning movement is required to back out of a parking space, including but not limited to a curved driveway or access from an alley, a minimum backup turning radius of 24 feet must be provided for all parking spaces as measured from the exterior wall of the garage or carport.

11.    Parking space access and minimum backup clearances must be provided as shown in Diagram 10-1-603(I)(1) for all required parking spaces whether in a garage or carport or uncovered (in the case of parking for a second dwelling unit). The shaded clear driveway area shown in the diagram must be maintained as a driveway. The clear area must be improved with a permanent surface and must remain clear and unobstructed by any structural elements or vegetation.

12.    The elevation of the floor of a garage or carport must be equal to or higher than the top of the curb at the front property line, unless the existing grade slopes downhill away from the street and the driveway follows the existing grade. The existing grade may not be altered for the purpose of lowering the elevation of a garage or carport floor below the top of the curb. Exceptions to this requirement may be granted through approval of a Conditional Use Permit.

DIAGRAM 10-1-603(I)(1): BACKUP CLEARANCE

J.    INTERNAL CIRCULATION.

All rooms attached to the main dwelling unit structure must provide interior access so as to maintain internal circulation among all rooms of the main dwelling. All stories, including usable basements and attics when applicable, must have interior stairway access and may not be accessible solely by an exterior stairway. Second dwelling units and water heater or equipment closets are exempt from this requirement.

K.    MOBILE HOMES AND MANUFACTURED HOMES.

In addition to the other standards of this Section, the following requirements apply to all mobile homes and manufactured homes:

1.    Homes must be manufactured after June 15, 1976, and must be manufactured to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974.

2.    Homes must be installed on a permanent foundation system approved by the Building Official.

3.    Exterior siding must be provided as necessary to screen an otherwise non-enclosed under floor area. Such siding must extend to within six (6) inches of the ground surface on all sides of the home and must be made of a non-reflective material that simulates wood, stucco, or masonry.

4.    Roofing materials must not consist of continuously rolled metal roofing or any reflective roofing material.

L.    TREES.

When applying for a Hillside Development Permit, two trees are required to be planted preferably in the front yard and rear yard if there are none on the property. Required trees shall be a minimum 15-gallon in size. Anywhere that individual tree is planted in a space surrounded by pavement, the planting area shall have a minimum interior dimension of five square feet. This requirement may be modified if an alternative landscape plan is approved by the Community Development Director or their designee. Additional trees, including side yard trees, may be required as a condition of permit approval on lots greater than 10,000 square feet.

M.    DESIGN STANDARDS

1.    All new residential construction and/or expansion or remodeling work that alters the entrance of a dwelling shall comply with the following design elements:

a.    Entry porches, when provided, shall be at least 5 feet wide and 4 feet deep.

b.    Front entries and doors shall be located along the street facing facade of a main dwelling.

2.    For all new residential construction or remodeling and/or addition to a single family dwelling, that includes alteration of exterior facades, at least 20% of the area of each street-facing facade shall be windows or entrance doors. Garage doors shall not be included in 20% calculation. Window area is considered the entire area within the outer window frame, including any interior window grid. Door area is considered the portion of the door that moves. Door frames do not count toward this standard.

3.    A two-story project design shall provide screening in the form of trees, shrubs, fence and/or hedges that meet the City height requirements along the shared property lines for the full length of a single-family dwelling being developed, if any portion of the proposed upper story addition is located within 15 feet of the shared property lines.

4.    Upper story square footage of a dwelling shall be limited to 85% of the first story gross square footage.

5.    When exterior lighting is incorporated, it shall be designed so as to avoid glare and light spill over onto adjoining and adjacent residences and public right of way.

6.    Following materials are prohibited:

a.    Barred windows

b.    Use of unfinished cinder-block or concrete blocks for building facade or fences.

c.    roofing materials with a reflective surface that produces glare

d.    siding with a reflective surface that produces glare. [Formerly numbered Section 31-28; amended by Ord. No. 22-3,970, eff. 4/15/22; 18-3,901; 17-3,890; 3774; 3750; 3748; 3690, 3688, 3669, 3622, 3535, 3399, 3259, 3255, 3058, 2922, 2912, 2725, 2640, 2616, 2387, 2356, 2183.]

10-1-604: ACCESSORY STRUCTURES:

A.    APPLICABILITY.

Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, such as detached garages, gazebos, workshops, storage sheds and buildings, pool houses, stables, corrals, and tack rooms. Second dwelling units, also known as accessory dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by Conditional Use Permit, are not considered accessory structures.

B.    SIZE.

The combined gross floor area of all enclosed accessory structures on a property, excluding garages, shall not exceed 1,000 square feet.

C.    LOCATION.

1.    Accessory structures must be located at least six (6) feet away from any other structure on the same lot as measured from the exterior walls of the structures, or the outside edge of supporting posts for non-enclosed structures or portions thereof.

2.    Except as provided in Subsection (3), the eave projections of accessory structures must be at least four (4) feet away from the eave projections of any other structure on the same lot.

3.    An accessory structure may be connected to the main dwelling structure by means of a porte-cochere, breezeway, patio covering, or other non-enclosed structural feature. However, such accessory structure is subject to the same minimum setback requirements as the main dwelling structure and does not qualify for the reduced accessory structure setbacks.

D.    FACILITIES AND USE.

The following requirements apply to all accessory structures.

1.    No accessory structures of any size shall contain temporary or permanent kitchen or cooking facilities.

2.    No accessory structures of any size shall contain bathroom fixtures except for a lavatory and toilet; or a lavatory, toilet, and shower if in conjunction with an on-site, permanent, in-ground swimming pool. Spas, whether in-ground or above ground, and above-ground pools are not considered swimming pools for the purposes of this Subsection.

3.    Plumbing fixtures in an accessory structure other than those provided in a bathroom are limited to:

a.    One (1) single-basin wet bar sink not exceeding one (1) cubic foot in size; or

b.    One (1) laundry sink if located adjacent to a laundry appliance fixture.

E.    USE.

Except as specified in Section 10-1-1813 for legal nonconforming structures, no accessory structure of any size shall be used for cooking or sleeping purposes. No person shall sleep or otherwise reside in an accessory structure at any time whether such use is temporary or permanent, and whether or not compensation is provided.

F.    COVENANT.

Prior to the issuance of a building permit for an accessory structure that will contain bathroom or other plumbing fixtures of any kind or for the installation of bathroom or other plumbing fixtures in an existing accessory structure, a covenant must be prepared by the City Attorney, signed by the property owner(s), and recorded with the County Recorder. The covenant shall be binding upon the property owner and all future property owners and shall state that the structure shall not be used for cooking and/or sleeping purposes; and that kitchen or cooking facilities shall not be installed in the structure. [Added by Ord. No. 3139; Formerly numbered Section 31-28.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17-3,890, eff. 2/23/17; 3669.]

10-1-605: ADDITIONAL DEVELOPMENT STANDARDS FOR THE R-1-H ZONE:

A.    APPLICABILITY.

The development standards in this Section apply to all properties in the R-1-H Single Family Residential Horsekeeping Zone. The requirements of this Section supersede any conflicting standards in other Sections of this Division.

B.    SETBACKS FOR OPENINGS.

1.    Doors, windows, and other openings in any dwelling unit or legal nonconforming guest house must conform to the following requirements:

a.    Such openings must be at least 10 feet from the rear and side property lines when constructed within the rear 35 feet of the lot.

2.    Doors, windows, and other openings in any stable must be at least 10 feet from the rear and side property lines.

3.    No structure may be constructed, added to, or otherwise modified so as to create nonconformity with Subsection (1) or increase an existing nonconformity.

C.    STANDARDS FOR NON-COMMERCIAL STABLES.

1.    Non-commercial stables must be located within the rear 35 feet of the lot.

2.    Except as provided herein, non-commercial stables must be set back a minimum of three (3) feet from the rear and side property lines. Openings for stables and/or half-walls must be located at least 10 feet from the rear and side property lines. Stables may be constructed of reinforced masonry, reinforced concrete, wood, or any other construction material approved by the Building Division. The three (3) foot side and rear setbacks are not required for stables along any side or rear property line that abuts an alley, consistent with the setback requirements for accessory structures in Section 10-1-603(F).

D.    STANDARDS FOR NON-COMMERCIAL CORRALS:

1.    Non-commercial corrals must be located within the rear 35 feet of the lot.

2.    Non-commercial corrals must comply with height and setback requirements for fences and walls.

E.    RESTRICTIONS ON KEEPING HORSES.

1.    It is unlawful to keep a horse in an R-1-H Zone without a permit issued by the Animal Shelter Superintendent. A permit may not be issued unless first approved by the Community Development Director upon a finding that the property is in conformance with the requirements of this Section. The Director must notify the Animal Shelter Superintendent in writing of the decision to approve or deny a permit application.

2.    Each lot on which one (1) or more horses is kept must have a stable to shelter the horse(s).

3.    The number of horses kept in an R-1-H Zone in a non-commercial stable may not exceed one (1) for each 3,000 square feet of lot area.

4.    The number of horses kept in an R-1-H Zone in a commercial stable may not exceed one (1) horse for each 500 square feet of lot area.

5.    Additional requirements for commercial stables are specified in Article 24, Division 9 of this Chapter. [Formerly numbered Section 31-29; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3829, eff. 10/19/12; 3669, 2542, 2356, 2194.]

10-1-606: DEVELOPMENT STANDARDS FOR THE HILLSIDE AREA:

A.    APPLICABILITY.

1.    The requirements of this Section apply to all R-1 zoned properties located within the hillside area, as that area is defined in Subsection (2). The requirements of this Section supersede any conflicting standards of the R-1 Zone. All non-conflicting R-1 standards apply to R-1 zoned properties within the hillside area.

2.    The hillside area is defined by the area bounded by the City boundaries with Glendale and Los Angeles and by the following streets as illustrated in Diagram 10-1-606(A): City boundary, Sunset Canyon Drive, Walnut Avenue, Bel Aire Drive, Cambridge Drive, Kenneth Road, Scott Road, City boundary.

DIAGRAM 10-1-606(A): HILLSIDE AREA (SHADED)

B.    HEIGHT FOR THE HILLSIDE AREA. Table 10-1-606(B) prescribes height standards associated with different sloped lots. The numbers in the right hand column refer to the diagram of upslope and downslope conditions. The building height shall be measured from finished or existing grade, whichever is lower.

 

TABLE 10-1-606(B): HEIGHT REGULATIONS FOR ALL LOTS IN THE HILLSIDE AREA

Regulation

Maximum Height

# on Diagram

Maximum Height Primary Building Above Natural grade

30 ft.

Maximum Height Above Edge of Pavement (Downslope)

18 ft.

Maximum Height Above the Ground Elevation at the Rear Setback Line (Upslope)

23 ft.

Maximum Height from Finished or Existing Grade (whichever is lower) within 25 ft. of front lot line

14 ft.

C.    FLOOR AREA RATIO. When a Hillside Development Permit is required, the maximum floor area ratio and the maximum allowable house size may be reduced through reasonable conditions placed upon the permit when deemed necessary to satisfy the required findings for granting the permit per Section 10-1-607(A)(2).

D.    SETBACKS FROM RIDGELINES. No structure shall be located within 100 feet, measured vertically, of the centerline of a major ridge, or within 50 feet, measured vertically, of the centerline of a minor ridge, as delineated in Diagrams 10-1-606(D)(1) and (2). When reviewing individual projects, the Planning Board may approve a more precise delineation as part of a Hillside Development Permit, based on a topographic map prepared by a licensed civil engineer with a contour interval of not more than 10 feet.

1.    Grading and Design Standard. Where structures are proposed within 1,000 feet of a major ridge, the building pad shall be graded and the building designed so that the structure maintains a low-profile appearance and conforms to the natural grade of the hillside.

DIAGRAM 10-1-606(D)(1): RIDGELINE PROTECTION – MAJOR AND MINOR RIDGES

DIAGRAM 10-1-606(D)(2): RIDGELINE PROTECTION – LOCATION OF CONSTRUCTION IN RELATION TO MAJOR AND MINOR RIDGES

E.    SETBACK LINES FOR VIEW DETERMINATION.

1.    When the primary view from a property is from the front yard, rear yard, or both yards, a setback line is established in the primary view yard or yards by a line drawn from the nearest front or rear corner of existing homes on adjacent lots as illustrated in Diagram 10-1-606(E).

2.    For the purposes of this Section, primary view means the following:

a.    When a property has a downslope view, that view is the primary view, whether or not the property also has an upslope view.

b.    When a property has an upslope view and no downslope view, the upslope view is the primary view.

c.    Where the direction of the primary view is unclear or disputed, the Community Development Director or their designee shall determine the primary view.

DIAGRAM 10-1-606(E): FRONT AND REAR SETBACKS FOR VIEW DETERMINATION IN THE HILLSIDE AREA

3.    An approved Hillside Development Permit is required for any extension beyond the setback line per Section 10-1-606(H). If the setback line is closer to the property line that the setback otherwise required for the R-1 Zone, the structure must observe the applicable minimum R-1 setback and encroachments per Table 10-1-603(G).

4.    No main dwelling unit shall be located entirely on the rear half of a lot unless a Hillside Development Permit is approved per Section 10-1-606(H).

F.    FENCES, WALLS, HEDGES AND SCREENING IN THE HILLSIDE AREA.

1.    Fences and walls in the hillside area must comply with the height requirements specified in Table 10-1-603(A). Hedges in front and street side setbacks are limited to four (4) feet in height.

2.    Within the front yard setback, any portion of the fence or wall exceeding two (2) feet in height must utilize an open design. Open design is defined as follows: for any one (1)-foot section of fence or wall, at least 50 percent of the surface area is open and provides direct views through the fence or wall.

3.    Only two (2) retaining walls are allowed in the front yard setback area.

4.    The minimum horizontal distance between two retaining walls is eight (8) feet, but may be reduced to six (6) feet with Community Development Director’s or their designee’s approval to accommodate unique slope conditions existing prior to development or grading for development.

DIAGRAM 10-1-606(F): MINIMUM RETAINING WALL SEPARATION

5.    All retaining walls facing downslope areas must be screened with vegetation, and a minimum 18-inch wide planting strip provided along a front or street side-facing lot line.

6.    Exceptions to the standards of height, separation, and number of walls, fences, hedges, gates, and the applicable requirements of Section 10-1-1303, may be granted through approval of a fence exception permit as specified in Article 19, Division 11: Fence Exception Permits and Enforcement.

7.    Exception to the standards of retaining walls in the Hillside area can be granted by the Director or their designee with the approval of a Hillside Development Permit to accommodate unique slope conditions existing prior to development or grading for development.

8.    Conditions may be placed on a Hillside Development Permit per Section 10-1-607 that require retaining walls to be shortened, broken into multiple shorter walls, stepped up or down a hillside, or otherwise modified.

9.    Fences and walls may be required to be shorter by conditions placed upon a Hillside Development Permit, and Minor/Major Fence Exception Permit.

10.    Areas under enclosed structures must be enclosed or skirted with permanent walls. All such enclosure or skirt walls and all other structure walls facing downslope areas must provide aesthetic relief through windows, variation in texture, or similar methods approved by the Director or their designee and must be screened by vegetation.

G.    PARKING. A minimum of four (4) off-street parking spaces must be provided. For houses with a gross floor area of 3,400 square feet or less, at least two (2) of the spaces must be located in a carport or garage. For houses with a gross floor area of more than 3,400 square feet, at least three of the spaces must be located in a carport or garage. Other required spaces may be located within a driveway, so long as the slope of the driveway area used for parking does not exceed five percent.

H.    APPROVAL PROCESS. Approval of a Hillside Development Permit per Section 10-1-607(D) is required prior to the issuance of grading or building permits for the main dwelling structure or any other structure when any of the following criteria is applicable. A Hillside Development Permit is required whether the criteria apply to construction of a new structure or to modifications that increase the square footage or height of an existing structure or otherwise alter the footprint, volume, mass, or dimensions of an existing structure. Grading for construction of a pool and/or a spa on a flat portion of a lot with a slope less than 5% shall be exempt from HDP.

1.    The project involves the creation of a new building pad, cut or fill activity to expand an existing building pad, or any other grading activity, including but not limited to grading for structures, swimming pools, and expanded yard areas.

2.    The structure extends beyond the front or rear yard setback lines per Subsection (D).

3.    The height of the proposed structure to the top of the roof exceeds 16 feet.

4.    The total gross square footage of all structures and spaces that are included in the floor area ratio calculation is greater than 3,000 square feet.

I.    EXCEPTIONS. Exceptions to the development standards required by Section 10-1-603 for the R-1 Zone may be granted through approval of a Hillside Development Permit. A Hillside Development Permit may not be used to grant exceptions in lieu of a Variance unless a Hillside Development Permit is otherwise required by Subsection (H). No exceptions may be granted through a Hillside Development Permit unless the following findings are made:

1.    The exception is not detrimental to the public health, safety, or general welfare.

2.    Granting of the exception does not constitute a grant of special privilege inconsistent with the limitations upon other projects and/or properties in the vicinity.

3.    The exception does not permit or encourage development inconsistent with the character of existing development in the neighborhood.

4.    There are special conditions or unique characteristics applicable to the subject property and/or the surrounding neighborhood due to the location in the hillside area that justify granting of the exception. Such conditions or characteristics may be related to topography, location, orientation, or other issues that do not generally apply to properties or neighborhoods located outside of the hillside area. [Formerly numbered Section 31-30; amended by Ord. No. 22-3,970, eff. 4/15/22; 17-3,890; 3810; 3774, 3750; 3748, 3688, 3669, 3643, 3488, 3399, 3058, 2858, 2598, 2355, 2194.]

10-1-607: HILLSIDE DEVELOPMENT PERMITS:

A.    APPLICABILITY AND AUTHORITY.

1.    This Section outlines the process requirements and findings for Hillside Development Permit, applicable to the single family residential zones located within the designated hillside area of the City. Except as otherwise stated herein, the permit shall be processed and approved or denied in accordance with the Administrative Use Permit process set forth in Division 4.1 and with Article 19 of this Code, which authorizes the Director of Community Development, or their designee, to grant these permits, which may be appealed to Planning Board, then Council. The required findings shall be as set forth in this Section, and the noticing must be mailed to all property owners and occupants within a 300 foot radius of the property rather than a 1,000 foot radius.

2.    As part of the Building Permit Process, projects will be checked for conformance with the development standards for single family homes in the R1 and R1H zones and when the homes comply with those standards, the project shall be approved for Plan Check.

B.    SECTION RESERVED.

C.    SECTION RESERVED.

D.    HILLSIDE DEVELOPMENT PERMIT.

1.    Intent and purpose. The intent and purpose of the Hillside Development Permit is to protect, to the extent feasible, views in the hillside area and to ensure neighborhood compatibility. The Hillside Development Permit is intended to balance the reasonable development of property consistent with high land values in the hillside area with the values placed upon views of Burbank and surrounding communities from hillside properties.

2.    Applicability. Hillside Development Permit is required in accordance with Section 10-1-606(H).

3.    Required Findings. In lieu of the finding required by Section 10-1-1956, the Director, or Planning Board or Council if appealed, may not approve a Hillside Development Permit unless the following findings are made:

a.    The vehicle and pedestrian access to the house and other structures do not detrimentally impact traffic circulation and safety or pedestrian circulation and safety and are compatible with existing traffic circulation patterns in the surrounding neighborhood. This includes, but is not limited to: driveways and private roadways, access to public streets, safety features such as guardrails and other barriers, garages and other parking areas, and sidewalks and pedestrian paths.

b.    The house and other structures are reasonably consistent with the natural topography of the surrounding hillside.

c.    The house and other structures are designed to reasonably incorporate or avoid altering natural topographic features.

d.    The house and other structures will not unnecessarily or unreasonably encroach upon the scenic views from neighboring properties, including both downslope and upslope views.

e.    For the purpose of evaluating required finding (d) above, a view study must be submitted with all Hillside Development Permit applications documenting the impacts of the proposed structure(s) on views from adjacent properties. The view study must be prepared in a manner approved by the Director or their designee and contain all information and documentation deemed necessary by the Director for the purpose of analyzing view impacts and establishing setback lines for view determination pursuant to Section 10-1-606(E). This study is separate from the Ridgeline setback analysis required by Section 10-1-606(D).

f.    The view impacts of the proposed project must be considered by the Director, or Planning Board or City Council if appealed, and may be used as a basis for requiring modifications to a project or denying a Hillside Development Permit due to inability to make the required findings.

4.    Conditions may be necessary for the purpose of satisfying the required findings, ensuring conformance with the applicable development standards, mitigating environmental or other impacts of the project, and/or protecting the public health, safety, convenience, or welfare. Such conditions may be imposed. [Added by Ord. No. 2858; formerly numbered Section 31-30.1; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,970, eff. 4/15/22; 17-3,890; 3669.]

10-1-608:  

[Deleted by Ord. No. 3669, eff. 7/5/09; Added by Ord. No. 3190; Formerly numbered Section 31-30.2; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3587, eff. 11/3/01.]

10-1-609: SECTION RESERVED:

[Added by Ord. No. 17-3,890, eff. 2/23/17; amended by Ord. No. 22-3,970, eff. 4/15/22.]

DIVISION 2

[Deleted by Ord. No. 3669, eff. 7/5/05]

DIVISION 3. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

10-1-620.1: CITATION AND AUTHORITY:

This division is enacted under the authority granted by Chapter 4 (commencing with Section 65800) of Division 1 of Title 7 of the Government Code of the State of California. [Added by Ord. No. 18-3,901, eff. 4/13/18; Amended by Ord. No. 20-3,932, eff. 3/13/20; 20-3,931; 19-3,930.]

10-1-620.2: PURPOSE AND INTENT:

A.    PURPOSE.

The City Council declares and finds all of the following:

1.    California housing production has not kept pace with demand with only half of the needed housing units built in the last decade.

2.    Locally, there is a large unmet need for housing to shelter Burbank’s residents who have a fixed or limited income.

3.    Accessory dwelling units and junior accessory dwelling units have resulted in new housing units for seniors to age in place, provide new housing opportunities for couples, extended families, young people, disabled persons and employees working in the City seeking to find cost-effective dwelling units close to jobs, amenities, and schools.

4.    Accessory dwelling units and junior accessory dwelling units have helped increase housing supply and provide relatively affordable housing options within the City’s single family and multiple family residential zones.

5.    Accessory dwelling units and junior accessory dwelling units can provide a cost-effective means of providing additional housing options through the use of existing infrastructure.

6.    Accessory dwelling units and junior accessory dwelling units, as regulated in this Chapter will not adversely impact public safety or the character and quality of the City’s single family neighborhoods in light of the restrictions in the Mountain Fire Zone and R-1-H zone.

7.    Providing additional housing for employees that work in the City’s employment centers could reduce the commute times and vehicle miles traveled by employees coming in to the City, and therefore, potentially reduce traffic congestion.

B.    INTENT.

By adoption of this division, it is acknowledged and determined this division will, to the extent permissible by law, allow for the development of accessory dwelling units and junior accessory dwelling units while maintaining and protecting the essential characteristics of the single family and multiple family residential zones and establishing criteria set forth in Government Code Section 65852.2 et seq. [Added by Ord. No. 18-3,901, eff. 4/13/18; Amended by Ord. No. 20-3,932, eff. 3/13/20; 20-3,931; 19-3,930.]

10-1-620.3: DESIGN AND DEVELOPMENT STANDARDS FOR NEW CONSTRUCTION:

The design and construction of all newly constructed accessory dwelling units and junior accessory dwelling units shall conform to the following standards:

A.    GENERAL PROVISIONS

Unless otherwise preempted by state law, the design and construction of all newly constructed accessory dwelling units (“ADU”) and junior accessory dwelling units (“Junior ADU”) shall comply with all applicable building, housing, zoning and site development standards of this division, including but not limited to standards regarding setbacks, floor area ratio standards, height, lot coverage, architectural design review, including compatibility with existing structures located on the same property and in the surrounding neighborhood that are listed in the California Register of Historic Places. Applicants shall also comply with all applicable fee and charge requirements, and other applicable zoning requirements. Applications deemed complete for ADUs and Junior ADUs shall be approved ministerially with the applicable 60-day review period consistent with state law.

B.    PERMITTED ZONES

An ADU and Junior ADU shall be a permitted use within the City’s single family and multiple family residential zones: R-1, R2, R3, R4, MDR-3, MDR-4 and R-1-H zones.

C.    ON-SITE PARKING

1)    Required parking for an accessory dwelling unit shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less.

2)    When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted into an ADU, replacement parking for the main dwelling unit shall not be required.

3)    When required on-site parking can be covered, uncovered, tandem or provided through the use of a mechanical automobile parking lift. Tandem parking as defined in this division means that two or more automobiles are parked in a driveway or in any other location on a lot, lined up behind one another.

D.    ON-SITE PARKING EXCEPTIONS

Notwithstanding the parking development standards for ADUs and Junior ADUs (collectively accessory dwelling units for this subsection D) noted in subsection C, ADUs that meet the following State provisions (consistent with AB 68, AB 881, and SB 13) shall not be required to provide on-site parking if:

1)    The accessory dwelling unit is located within one-half mile walking distance of “public transit” within the meaning of Government Code Section 65852.2;

2)    The accessory dwelling unit is located within an architecturally and historic significant historic district;

3)    The accessory dwelling unit is part of the existing primary dwelling unit or an existing accessory structure;

4)    When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

5)    When there is a car share vehicle located within one block of the accessory dwelling unit.

E.    PARKING LOCATION

The parking provided on-site can be tandem and in an existing driveway or within any existing setback area, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site, topographical or fire and life safety conditions. When a designated parking area is provided and is not located in the driveway as tandem, the parking space must meet the minimum required turning radius and backup distance as noted in the Code.

F.    SQUARE FOOTAGE

1)    All new accessory dwelling units and additions to existing and permitted accessory dwelling units are exempt from compliance with the Floor Area Ratio (FAR), lot coverage, open space, or minimum lot size requirements noted in this Code unless otherwise specified herein.

2)    All new detached accessory dwelling units shall not exceed 850 square feet, except for an accessory dwelling with more than one bedroom shall not exceed 1,000 square feet.

3)    When an accessory dwelling unit is attached to the existing primary dwelling unit, the maximum allowed size of that accessory dwelling unit shall be no more than 850 or 1,000 square feet based on number of bedrooms as noted in preceding section F(2).

4)    Guest dwelling units previously approved by the City and constructed with City building permits may be converted up to the previously City-approved square footage or 850 or 1,000 square feet based on number of bedrooms as noted in preceding section F(2), whichever is less.

5)    When an attached balcony, porch or patio is provided in conjunction with an ADU, if said structure is covered, it shall count towards the total ADU square footage allowance.

6)    The building division will determine what is considered a landing or a balcony, porch or patio for the purposes of square footage requirements.

7)    If a cover such as a porch or similar type structure is provided over the main entrance of the ADU, and is supported by posts, 25 square feet of the said cover will not count towards the maximum allowable square footage of the ADU.

8)    ADUs may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

G.    HEIGHT

1)    All new ADUs, attached to the main dwelling unit must comply with the height requirements defined in Code Section 10-1-603(A).

2)    When an ADU is constructed on top of a detached garage, accessory structure, or above another ADU when applicable under this Code, the maximum top of plate height cannot exceed 20 feet as measured from grade level and the maximum height to any architectural features must not exceed 23 feet as measured from grade level.

3)    All new detached ADUs, not constructed on top of a detached garage or accessory structure shall be no more than one (1) story with a maximum top of plate height of 12 feet as measured from grade level and a maximum height of 17 feet to any architectural features.

4)    When an ADU is constructed on top of a garage or accessory structure, the ADU cannot touch grade level, except through support posts or stair access. The bottom of the finished floor of the ADU must be above the top of plate of the garage or accessory structure.

H.    SETBACK

1)    Unless otherwise provided in this Division, any new attached or detached ADUs must have a minimum setback of 4 feet to the rear property line and 4 feet to the side-yard property line including ADUs constructed on top of a garage or accessory structure.

2)    Any new ADU or Junior ADU cannot be located closer to the front property line than the prevailing front yard setback for a single family residential zoned lot or minimum required front setback for a multifamily residential zoned lot. An exception to this requirement would be to allow the conversion of existing legal non-conforming building footprint of the main structure or attached accessory structure into an ADU or Junior ADU that is located within the front yard setback.

3)    When a garage or other accessory structure exists and is legally permitted with City building permits and is converted into an ADU, the existing legal non-conforming setback of the garage or other accessory structure can be maintained. The required minimum 4 foot rear and side yard setbacks shall still apply to all added space that goes beyond the existing building footprint and/or building envelope of the garage or other accessory structure.

4)    New ADUs must maintain a 5-foot separation from building face to building face, and a 4 foot separation from eave to eave of any adjacent structure.

5)    No accessory dwelling unit may be located in a way that would prohibit access to a designated parking area or impede safe ingress and egress from a required side, rear, or front setback.

6)    No setback shall be required when an ADU is constructed in the same location and to the same dimensions as an existing legal Structure that is converted into an ADU or to a portion of an accessory dwelling unit, even when that Structure has been demolished.

7)    When a balcony, porch or patio is provided in conjunction with the ADU and is 7 inches above grade level, the balcony, porch or patio must be setback from the rear and side property lines a minimum of 4 feet.

8)    When a staircase or landing is provided for a new or existing second story ADU, whether attached or detached to the primary dwelling unit, that staircase or landing must provide a minimum 4 foot setback to the rear and side property line.

I.    OWNER OCCUPIED AND RESTRICTIVE COVENANT

Special Note: Pursuant to state law, the City shall not impose an owner-occupancy and restrictive covenant requirements noted in this section, inclusive of the following items 1) through 3) until January 1, 2025, unless said prohibition is subsequently extended by state law. If state law is amended to allow owner-occupancy restrictions before January, 1, 2025, then this Owner Occupied and Restrictive Covenant Section shall spring back into effect without further action of the City Council.

1)    Either the primary dwelling unit or the accessory dwelling unit on a lot shall be occupied by the owner of the lot. The property owner shall enter into a restrictive covenant with the City that applies to the owner and all successors in interest, in a form acceptable to the City Attorney that will be recorded on the subject property.

One year from the date of approval of a final building permit for an accessory dwelling unit, and every year thereafter, the applicant or subsequent property owner of the lot shall submit and certify, on forms provided by the City, that the property owner of record of the property continues to live on and occupy the property as their principal place of residence. It shall be a violation of this Code if the property owner or subsequent property owner fails to comply with this section.

The restrictive covenant shall: (i) specify that the property owner must reside in either the primary dwelling unit or the accessory dwelling unit; (ii) expressly prohibit the rental of both units at the same time; (iii) whichever unit being rented may be rented only for terms longer than thirty (30) consecutive calendar days; (iv) the accessory dwelling unit may not be sold or conveyed separately from the primary dwelling unit; (v) the property owner and all successors in interest shall maintain the accessory dwelling unit and the property in accordance with all applicable Code requirements and standards; and (vi) the property owner of a unit in the R-1-H (Single-Family Horse keeping) zone shall provide written notification to a tenant(s) of the allowance of equestrian activities in the zone, which may include the keeping of horses, and may result in unpleasant or objectionable odors, dust, noise, etc.

2)    When an ADU is constructed in a multiple family residential zone, the property must still be owner occupied and that ADU must comply with the development standards identified through this ordinance.

3)    A waiver from the owner occupancy requirement may be granted by the Community Development Director for a period up to two years if the property owner is able to establish a bona fide hardship to the restriction as follows: the property owner is hospitalized, or requires daily living assistance that prevents the owner from physically living on the property; the property owner is on active military duty and is deployed to a location that prevents the owner from occupying the property; the property owner is deceased and the property is being held pending dispensation of the estate. The waiver shall be submitted on a form approved by the Director. The property owner shall provide evidence of the hardship to the satisfaction of the Director. The Director’s decision on a waiver is final.

J.    DESIGN AND DEVELOPMENT STANDARDS

1)    The exterior design of the ADU shall match that of the main dwelling in terms of building forms, materials, colors, exterior finishes, roof forms and style of doors and windows. The structure(s) shall retain the appearance of a single-family dwelling, and the accessory dwelling unit shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or their designee.

2)    The design of an attached ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. If a separate entrance is provided, it shall be located on the side or rear of the structure and whenever possible located toward interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit by the occupants.

3)    All ADU façade elevations visible from any public right of way must provide entries, windows, or other architectural features compatible with the existing primary dwelling unit.

4)    When a garage is converted into an ADU, the garage door must be removed and replaced with windows, door, or other design treatments that are consistent with the overall architectural design of the structure and the primary dwelling unit.

5)    The design and construction of each ADU shall conform to all applicable provisions of Title 9 Chapter 1 (Building) of this Code. The accessory dwelling unit shall comply with all provisions of the Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the accessory dwelling unit will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.

6)    The main entrance of a detached ADU must face the same direction as the main entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance proposed to face an alley or rear property line is subject to review and approval by the City Planner.

K.    UTILITY CONNECTION AND CITY FEES

1)    The primary and accessory dwelling units may be connected to a common gravity-fed sewage disposal approved by the City.

2)    An ADU under 750 square feet shall not be charged development impact fees. An ADU greater than 750 square feet may be charged development impact fees. These development impact fees shall be proportional to the square footage of the main dwelling and calculated using the ADU square footage.

3)    An ADU not built within the existing space of a single family house or accessory structure may be required to obtain a new or separate utility connection as determined by Burbank Water and Power process and may be subject to a connection fee or capacity charge based on its square footage or number the number of its drainage fixtures unit values.

L.    ADDRESS ASSIGNMENT AND VERIFICATION OF EASEMENTS AND DEDICATIONS

The Public Works department will determine address assignments to new ADUs and Junior ADUs and verify any public easements and land dedications required by the Burbank Municipal Code. Unless otherwise determined by the Public Works Director, all existing and proposed structures must be located outside of any easement or dedication.

M.    MOUNTAIN FIRE ZONE AND FIRE SPRINKLERS

No ADU or Junior ADU shall be permitted on R-1 or R-1-H zoned properties located within the City’s designed Mountain Fire Zones as noted in the City’s General Plan Safety Element, unless all of the following requirements are met:

1)    No more than one ADU no greater than 800 square feet or one Junior ADU no greater than 500 square feet is allowed on R-1 and R-1-H zoned properties located in the City’s Mountain Fire Zones.

2)    All new ADUs proposed within the City’s Mountain Fire Zones shall comply with any applicable brush clearance requirements. Unless otherwise required by applicable City building and fire codes, in any residential zone where new ADUs are allowed, if fire sprinklers are required for the primary dwelling unit then they are also required for new ADUs.

N.    STANDARDS IN THE R-1-H SINGLE FAMILY RESIDENTIAL HORSE KEEPING (R-1-H) ZONE

Consistent with the purpose of the R-1-H zone and in order to ensure that ADUs do not adversely impact public safety and equine/horse keeping uses located in the R-1-H zone, all of the provisions of this section shall apply to ADUs in the R-1-H Zone unless otherwise stated in the following:

1)    No more than one ADU or one Junior ADU is allowed on R-1-H zoned properties. No new construction of ADUs shall be permitted in the R-1-H zone except for the following:

a)    The conversion of an existing permitted garage shall be permitted.

b)    The conversion of an existing permitted guest dwelling unit shall be permitted.

c)    The conversion of existing square footage within the main dwelling unit is permitted.

d)    Additions to or conversions of existing square footage within the main dwelling unit is permitted in the area outside of the rear 35 feet of the lot, which is the area reserved for horse keeping uses (e.g. barns, corrals, stables, and tack rooms).

2)    The conversion of any existing accessory structure (storage, shed, pool house, recreation room), and barn, stable, corral, tack room, etc.) into an ADU shall not be permitted.

3)    Unless otherwise required to comply with the City’s building and fire codes, any doors, windows, and other openings in any accessory dwelling unit shall comply with the requirements of Section 10-1-605(B).

O.    ADDITIONAL STANDARDS IN MULTIFAMILY ZONES

All of the provisions of this section shall apply to ADUs in the Multifamily Zones unless otherwise stated in the following:

1)    No more than two (2) ADUs can be constructed on a multifamily zoned lot or on a lot with a multiple family dwelling(s). These ADUs must be detached from the primary structure(s); these ADUs may be attached or detached from each other and must provide the required building separation from all primary and accessory structures on the lot as required in Section (H)(4).

2)    ADUs may be created within a multifamily dwelling structure in areas not used as livable space, such as storage rooms, boiler rooms, passageways, attics, basements, common areas or garages, so long as the converted space complies with state building standards for dwellings. The number of ADUs so created shall be up to 25% of the existing multifamily dwelling units in the multifamily dwelling structure, but at least one ADU is permitted.

P.    JUNIOR ACCESSORY DWELLING UNIT STANDARDS

All of the provisions of this section shall apply to a Junior ADU unless otherwise stated in the following:

1)    A Junior ADU is limited to 500 square feet.

2)    One Junior ADU is allowed per residentially zoned lot that includes an existing or proposed single-family dwelling unit structure.

3)    A deed restriction must be recorded and will run with the land prohibiting the sale of the Junior ADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

4)    The deed restriction must include the size and attributes of the Junior ADU that conforms to this section.

5)    The Junior ADU must be constructed within the existing walls of the single-family residence or attached garage.

6)    The Junior ADU must include a separate entrance from the main entrance to the single-family residence.

7)    The Junior ADU must include an efficiency kitchen, which shall include all of the following:

a)    A cooking facility with appliances that meet the definition of Kitchen as defined in Section 10-1-202 of Title 10, Chapter 1 of the Burbank Municipal Code.

b)    A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU.

8)    Additional parking may not be required as a condition to grant a permit for a Junior ADU.

9)    An inspection, including the imposition of a fee for that inspection to determine whether the Junior ADU is in compliance with applicable building standards may be required at any time after the Junior ADU has been built.

10)    For the purposes of any fire or life protection ordinance or regulation, a Junior ADU shall not be considered a separate or new dwelling unit. This section shall not preclude the city from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a Junior ADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a Junior ADU or not.

11)    For the purposes of providing service for water, sewer, or power, including a connection fee, a Junior ADU shall not be considered a separate or new dwelling unit.

12)    A Junior ADU requires owner-occupancy as follows: The owner shall reside in either the remaining portion of the single-family residence or the newly created Junior ADU. This provision does not apply if the owner is a governmental entity, land trust or housing organization. The property owner shall enter into a restrictive covenant memorializing this restriction with the City that applies to the owner and all successors in interest, in a form acceptable to the City Attorney that will be recorded on the subject property.

Q.    SHORT TERM RENTALS

Unless otherwise provided for in the Burbank Municipal Code, ADUs and Junior ADUs, which are rented, shall be rented for terms longer than 90 days.

R.    CONVEYANCE

Any ADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. [Added by Ord. No. 18-3,901, eff. 4/13/18; Amended by Ord. No. 20-3,946, eff. 12/18/20; 20-3,932; 20-3,931; 19-3,930.]

10-1-620.4: EXISTING SECOND DWELLING UNITS:

All accessory dwelling units (formerly “second dwelling units”) constructed prior to January 1, 2017, shall comply with all applicable requirements of Article 18 of this chapter, commencing with Section 10-1-1801. [Added by Ord. No. 18-3,901, eff. 4/13/18; Amended by Ord. No. 20-3,932, eff. 3/13/20; 20-3,931; 19-3,930.]

10-1-620.5: EXISTING CONDITIONAL USE PERMITS:

A.    The provisions of Article 18 of this chapter (Nonconforming Land Uses and Structures) notwithstanding, this division shall not render invalid or nonconforming any second dwelling unit for which a Conditional Use Permit was granted prior to the effective date of Ordinance No. 3622.

B.    All existing Conditional Use Permits and existing permits for accessory dwelling units (formerly “second dwelling units”) shall remain subject to conditions imposed thereon at the time such permits were granted, except that any condition that limits the occupants of a permitted accessory dwelling unit to certain named persons, or certain classes of persons, or which requires the permittees to identify the residents of the accessory dwelling unit to the City by name, or to obtain a new permit for the purpose of authorizing a new resident, shall no longer be applicable. [Added by Ord. No. 18-3,901, eff. 4/13/18; Amended by Ord. No. 20-3,932, eff. 3/13/20; 20-3,931; 19-3,930.]

10-1-620.6: PENALTIES AND ENFORCEMENT PRACTICES:

A.    A violation of willfully providing a false statement or failing to provide a statement pursuant to Section 10-1-620.3 of this division shall be a misdemeanor.

B.    A violation of any provision of this section shall be a misdemeanor resulting in a penalty of at least One Hundred Dollars ($100) per day for a first violation; and a minimum penalty of Five Hundred Dollars ($500) per day for a second violation; a minimum fine of One Thousand Dollars ($1,000) per day for any further violation. This section does not preclude probation or any other terms or conditions of such. [Added by Ord. No. 18-3,901, eff. 4/13/18; Amended by Ord. No. 20-3,932, eff. 3/13/20; 20-3,931; 19-3,930.]

10-1-620.7: DETERMINATION ON ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT APPLICATION:

A.    SUBMISSION OF APPLICATION.

Any person desiring to construct or establish an ADU and/or Junior ADU must submit the following materials to the Community Development Department’s Planning Division:

1)    A completed ADU and/or Junior ADU Permit application on forms as established and provided by the City Planner.

2)    Site plans, floor plans, elevations, pictures and such other materials as may be deemed necessary by the City Planner to make a determination on the application.

3)    A copy of the Property Deed establishing the identity of the owner of record of the property (when applicable).

4)    The Accessory Dwelling Unit and/or Junior ADU Permit application fee in accordance with the City of Burbank Adopted Citywide Fee Schedule in effect at the time of application submittal. An application shall not be deemed to be filed until such time as all necessary information has been provided to the Director.

5)    All non-ADU structures not associated with the construction of an ADU must be reviewed under a separate permit. [Added by Ord. No. 18-3,901, eff. 4/13/18; Amended by Ord. No. 20-3,946, eff. 12/18/20; 20-3,932; 20-3,931; 19-3,930.]

DIVISION 3.5

[Deleted by Ord. No. 18-3,901, eff. 4/13/18]

DIVISION 4. MULTIPLE FAMILY RESIDENTIAL ZONES

10-1-626: APPLICABILITY AND PURPOSE:

A.    APPLICABILITY.

1.    This Division provides use and development standards for the R-2, R-3, R-4, MDR-3, and MDR-4 multiple family residential zones.

2.    The multiple family residential zones located in the Media District area contain “MD” prefixes to indicate their location in the Media District. The zones are otherwise identical to their non-Media District counterparts. The use and development standards as specified in this Division for the R-3 and R-4 zones apply in the same manner to the MDR-3 and MDR-4 zones, respectively.

B.    PURPOSE.

1.    The R-2 Low Density Residential Zone is intended for duplexes. Due to the low density of development allowed in the R-2 Zone, generally no more than two (2) units are permitted on a single lot. The R-2 Zone is intended to provide a low density alternative to multifamily housing in an atmosphere similar to a single family neighborhood. The R-2 Zone also acts as to buffer single family zones from higher density multiple family zones. With limited exceptions as allowed through the Conditional Use Permit process, non-residential uses are generally not appropriate in the R-2 Zone.

2.    The R-3 Medium Density Residential Zone is intended for medium density multiple family developments, including rental and ownership options. Due to the low to middle range densities permitted, the R-3 Zone is intended to accommodate lower intensity multifamily development and can act to buffer single family residential neighborhoods from higher density multifamily development. With limited exceptions as allowed through the Conditional Use Permit process, non-residential uses are generally not appropriate in the R-3 Zone.

3.    The R-4 High Density Residential Zone is intended for higher density multifamily development, including rental and ownership options. The zone is intended to accommodate a higher intensity of multifamily development. With limited exceptions as allowed through the Conditional Use Permit process, non-residential uses are generally not appropriate in the R-4 Zone. [Formerly numbered Section 31-42; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 15-3,860, eff. 2/27/15; 3676.]

10-1-626.5: GENERAL PLAN CONSISTENCY:

In the R-2, R-3, R-4, MDR-3, and MDR-4 Zones, all uses shall be consistent with the maximum residential densities as prescribed in the General Plan, as follows:

General Plan Land Use Designation

Maximum Density

Low Density Residential

14 units/acre

Medium Density Residential

27 units/acre

High Density Residential

43 units/acre

[Added by Ord. No. 3839, eff. 5/24/13; amended by Ord. No. 15-3,860, eff. 2/27/15.]

10-1-627: USES IN THE MULTIPLE FAMILY RESIDENTIAL ZONES:

Uses are allowed in the R-2, R-3, and R-4 zones as follows:

A.    PERMITTED USES.

Table 10-1-627 identifies the land uses allowed by this Zoning Ordinance, and the land use permit, if any, required to establish a use or expand an existing use.

B.    PROHIBITED LAND USES.

Uses not expressly listed in Table 10-1-627, or uses listed as prohibited, may not be carried on in the multiple family residential zones except as lawful nonconforming uses, unless authorized pursuant to Section 10-1-503 or other provisions of this Code.

C.    APPLICABLE SECTIONS.

Where the last column in the table includes a section number, the referenced section includes additional requirements related to the use; however, provisions in other sections of this Chapter may also apply.

Table 10-1-627

Permitted Uses in the Multiple Family Residential 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)

---

Use is prohibited

Land Use

R-2

R-3

R-4

Specific Use Standards

Residential and Accessory Uses

Single family dwelling

P

P

P

 

Multiple family dwelling

P

P

P

 

Accessory dwelling unit, Junior accessory dwelling unit

P

P

P

Article 6, Division 3

Garages and carports, private

P

P

P

 

Accessory structures, including minor structures for which no building permit is required

P

P

P

 

Accessory uses typical for a residential project including tennis courts and swimming pools

P

P

P

 

Driveway in buffer area

CUP

CUP

CUP

10-1-628(F)

Home occupation

P

P

P

Article 6, Division 11

Home occupation, music lessons

AUP

AUP

AUP

10-1-672

Planned residential development

CUP

CUP

CUP

Article 6, Division 8

Small family day care home

P

P

P

 

Large family day care home

AUP

AUP

AUP

Article 6, Division 13

Community care facility (licensed, six or fewer occupants)

P

P

P

 

Community care facility (unlicensed, six or fewer occupants)

P

P

P

 

Community care facility (licensed, seven or more occupants)

---

---

CUP

 

Community care facility (unlicensed, seven or more occupants)

---

---

CUP

 

Supportive Housing

P(7)

P(7)

P(7)

 

Transitional Housing

P(7)

P(7)

P(7)

 

Single Room Occupancy Hotel (SRO)

---

CUP

CUP

 

Residential care home-retirement home

---

---

CUP

 

Non-Residential Uses

Carnival conducted by a church, public or private school, service club, or nonprofit association or corporation

CUP

CUP

CUP

 

Church or church school

CUP

CUP

CUP

 

Convenience grocery store

CUP(1)

CUP(1)

CUP(1)

 

Educational institution, public or private

CUP(2)

CUP(2)

CUP(2)

 

Municipal fire station

CUP

CUP

CUP

 

Municipal library

CUP

CUP

CUP

 

Office, business or professional

---

CUP(3)

---

 

Office, medical

---

CUP(4)

CUP(4)

 

Park or recreational facility, golf course, cultural facility; including incidental commercial uses commonly associated with a park or recreation use

CUP

CUP

CUP

 

Parking lot, off-street

CUP

CUP

CUP

Article 14, Division 4

Wireless Telecommunications Facility

(5)

(5)

(5)

10-1-1118

Public utility facility

CUP

CUP

CUP

 

Stable or corral, non-commercial, for keeping horses owned by the owner or occupant of the property only

---

CUP(5)

CUP(5)

 

Cannabis Uses

Cannabis delivery

---

---

---

10-1-512

Commercial cannabis activities

---

---

---

10-1-512

Cultivation

---

---

---

10-1-512

Retailer

---

---

---

10-1-512

Notes/Additional Requirements:

(1)    Permitted only on properties with a land area of 8,000 square feet or less.

(2)    Public educational institutions existing prior to June 1, 1978 are permitted uses that do not require a CUP.

(3)    Prohibited in R-2, R-3, R-4, and MDR-4 zones; CUP in MDR-3 zone when the parcel is adjacent to a Major or Secondary Arterial street, and the office use is conducted in an existing residential structure.

(4)    Permitted only in conjunction with one or more residential units on the same lot where the medical practitioner resides on the premises.

(5)    Permitted in accordance with Section 10-1-1118.

(6)    Stables and corrals are permitted only in the Rancho Area as defined in Section 10-1-630(A).

(7)    Supportive Housing and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the R-1 and R-1-H residential zones, whereas transitional and supportive housing structured as multi-family is limited to the R-2, R-3, and R-4 residential zones.

[Amended by Ord. No. 21-3,957, eff. 7/23/21; 20-3,932; 20-3,931; 19-3,930; 18-3,901; 17-3,898; Formerly numbered Section 31-43; renumbered by Ord. No. 3058; 3872; 3860, 3840, 3817, 3791, 3751, 3743, 3697, 3676, 3535, 3139, 2727, 2386, 2371.]

10-1-628: PROPERTY DEVELOPMENT STANDARDS:

A.    STANDARDS TABLE.

All land uses and structures and alterations to existing land uses and structures in the Multiple Family Residential Zones must be designed, constructed, and established in compliance with the requirements in Table 10-1-628(A) and all other applicable provisions of this Division and this Code. Where the last column in the table includes a section number, the referenced section includes additional requirements related to the development standard.

Table 10-1-628(A)

Development Standards in the Multiple Family Residential Zones 

Development Standards

R-2

R-3

R-4

Additional or Related Standards

Density/minimum gross square footage of lot area per dwelling unit (1)

On lots less than 12,000 square feet

1 unit per 3,000 square feet

1 unit per 2,400 square feet

1 unit per 2,000 square feet

 

On lots from 12,000 square feet to 23,999 square feet

1 unit per 2,000 square feet

1 unit per 1,400 square feet

 

On lots 24,000 square feet or greater

1 unit per 1,600 square feet

1 unit per 1,000 square feet

 

Lot size and dimensions

Minimum lot area

6,000 square feet

 

Minimum lot width

50 feet

 

Minimum lot depth

100 feet

 

Maximum lot coverage

On lots located within 500 feet of single family zoned property

60%

10-1-628(C)

On lots located greater than 500 feet from single family zoned property

70%

10-1-628(C)

Maximum height (2)

On lots located within 500 feet of single family zoned property

27 feet to top plate

35 feet to top of roof and architectural features

10-1-628(D)

On lots located greater than 500 feet from single family zoned property

35 feet to top plate

50 feet to top of roof and architectural features

10-1-628(D)

Maximum number of stories for all structures

On lots located within 500 feet of single family zoned property

2

10-1-628(D)

On lots located greater than 500 feet from single family zoned property

3

10-1-628(D)

Minimum and average yard setbacks

Front minimum

Front average

25 feet

27 feet

15 feet (3)

17 feet (3)

10-1-628(E)

10-1-628(G)

Rear minimum

Rear average

5 feet (4)

7 feet (4)

10-1-628(E)

10-1-628(G)

Interior side minimum

Interior side average

5 feet (4)

7 feet (4)

10-1-628(E)

10-1-628(G)

Street-facing side minimum

Street-facing side average

10 feet (4)

12 feet (4) (5)

10-1-628(E)

10-1-628(G)

Upper story setback for any yard abutting or adjacent to single family zoned property

5 additional feet (6)

10-1-628(E)

10-1-628(G)

Buffer yard area for side or rear yard abutting or adjacent to single family zoned property

20 feet (7)

10-1-628(F)

Maximum fence, wall, and hedge heights

Within front yard or street-facing side yard setback area

4 feet (8)

6 feet (hedges only)

10-1-628(H)

Outside of front yard or street-facing side yard setback area (fences and walls only - does not apply to hedges)

8 feet

12 feet (hedges only)

10-1-628(H)

Parking

Minimum number of off-street tenant parking spaces (9)

2 spaces per unit

1.25 spaces per efficiency unit (studio unit that is 500 square feet or less) (10)

1.75 spaces per 1-bedroom unit or studio unit greater than 500 square feet (10)

2 spaces per unit with 2 or more bedrooms (10)

10-1-628(I)

10-1-628(J)

Minimum number of off-street guest parking spaces (11)

1 guest space per 4 units

(minimum 2 guest spaces required)

10-1-628(I)

10-1-628(J)

Minimum number of off-street bicycle parking spaces (12)

5% of the total number of required off-street vehicle parking spaces, including guest spaces

10-1-628(I)

Open space and landscaping

Minimum common open space area per unit

150 square feet (13)

10-1-628(K)

Minimum private open space area per unit

50 square feet (13)

10-1-628(K)

Minimum private open space dimensions

No dimension less than 5 feet

10-1-628(K)

Minimum percentage of lot area that must be landscaped

25

15

10-1-628(N)

Minimum percentage of common open space area that must be landscaped

20

15

10-1-628(N)

Notes/Additional Requirements:

1.    For dwelling unit calculations, the number of allowed dwelling units is determined by rounding down to the nearest whole number even when the fraction is 0.5 or greater.

2.    Unless otherwise permitted by state or federal law, the maximum top-of-roof height limits also apply to free-standing structures other than buildings including antennas, satellite dishes, and flagpoles.

3.    The minimum and average front yard setbacks in the R-4 Zone are 25 feet and 27 feet respectively, if the R-4 lot abuts single family zoned property on either side.

4.    The minimum and average setbacks for the rear, interior side, and street-facing side yards are each increased by one (1) foot for a three (3)-story project. Except that when the lot abuts an alley on the side or rear yard, the additional one (1) foot setback does not apply for that yard.

5.    The minimum and average street-facing side yard setbacks are increased by five (5) feet when the street-facing side yard abuts the front yard of a single family zoned property (reversed corner lot).

6.    The upper stories along each elevation that abuts or is adjacent to single family zoned property must provide a minimum setback and average setback that are five (5) feet greater than the minimum and average setbacks otherwise required for that elevation. Balconies may project no more than two (2) feet into the additional five (5) foot minimum setback.

7.    Public alleys and streets may be included in the 20-foot buffer distance.

8.    In the front yard any portion of the fence or wall exceeding three (3) feet in height must utilize an open design. Open design means that for each one (1) foot section of fence or wall, at least 50 percent of the surface area is open and provides direct views through the fence or wall.

9.    The number of required parking spaces for all units, including fractions of a space, is added together before rounding. The sum total is subject to normal rounding procedures (where a fraction of 0.5 or greater counts as an additional space). For the purpose of determining the required number of parking spaces, bedrooms are those rooms within the unit identified as bedrooms by Section 10-1-203 and the Building Official.

10.    Parking requirements are different for projects that are built as condominiums or converted from apartments to condominiums. See Section 10-1-629.

11.    The number of guest parking spaces is calculated separately from the number of required tenant spaces and is subject to normal rounding procedures. No guest spaces are required for a multifamily project with three (3) or fewer dwelling units.

12.    Bicycle parking is required only for projects with 20 or more dwelling units. The number of required spaces is subject to normal rounding procedures.

13.    For projects with five (5) or fewer units, 200 square feet of private open space per unit may be provided in lieu of providing separate common and private open space. Such private open space must comply with private open space requirements and need not comply with common open space requirements.

B.    APPLICABILITY OF STANDARDS.

1.    All lots in the Multiple Family Residential Zones are subject to the requirements of this Division, whether improved with a single family dwelling, multiple family project, or non-residential use. Lots that are developed with more than one (1) dwelling unit, whether attached or detached, are considered multiple family projects.

2.    If one (1) or more dwelling units are added to an existing single family dwelling and the single family structure is retained, all units on the lot, including the previously existing single family dwelling, must comply with all requirements of this Division.

3.    If one (1) or more dwelling units are added to an existing multiple family project, the newly added units must comply with all requirements of this Division. Existing multiple family units that are retained that do not meet parking, open space, or other requirements of this Division may continue their non-conforming status so long as their non-conformity is not increased.

C.    LOT COVERAGE:

1.    Lot coverage is calculated using the footprint of all structures on the property except as exempted below, as measured from the exterior walls or the outside edge of supporting posts.

2.    Cantilevered upper stories of up to four (4) feet are not included in the calculation of lot coverage. If the cantilevered portion is greater than four(4) feet or if the overhanging portion is supported from the ground, the entire cantilevered portion must be included in the calculation of lot coverage.

3.    The following structures are not included in the calculation of lot coverage:

a.    Non-enclosed porches, patios, porte-cocheres, and similar non-enclosed covered spaces and structures. A space is considered non-enclosed if it is completely open on at least two (2) sides from the ground or floor level to a height of six (6) feet, eight inches above the ground or floor level.

b.    Fully subterranean parking garages where the top of the roof deck is located at least three (3) feet below the natural ground surface.

c.    The top deck of semi-subterranean parking garages or portions thereof when the area is used to satisfy a common or private open space requirement, or when the area is open and not covered with structures and contiguous to a required open space area.

D.    HEIGHT.

1.    Height is measured from the grade of the lot. Grade is determined as defined in Section 10-1-203.

2.    All features above the maximum top plate height specified in Table 10-1-628(A) may not exceed a roof pitch of 12 vertical inches for every 12 horizontal inches, where pitched. This standard is not intended to require hipped roofs.

3.    Except as provided in Section 10-1-628(K) for enclosure of rooftop open space areas, parapets may not exceed 30 inches in height above the intersection of the roof surface and the wall. A flat roof surface must be no higher than the maximum top plate height specified in Table 10-1-628(A).

4.    Where rooftop open space is provided per Section 10-1-628(K), the assumed top plate height of the structure is six (6) feet, eight (8) inches above the roof deck surface, unless a deck covering or the top plate of an enclosed space on the same level exceeds that height.

5.    Chimneys may not extend more than 15 feet above the highest point of the roof. Roof-mounted equipment and screening are subject to the limitations of Section 10-1-1301.

6.    A tower feature occupying no more than 10 percent of the gross floor area of the first story may exceed the maximum height specified for roof and architectural features by up to five (5) additional feet. This allowance does not apply if the property is abutting or adjacent to single family zoned property.

7.    The number of stories is limited to the number specified in Table 10-1-628(A) and is determined as follows:

a.    If the finished floor level of any story is more than five (5) feet above the natural abutting ground surface at any point as measured at a five (5)-foot horizontal distance out from the exterior wall surface, the space beneath that floor level is counted as a story.

b.    Attics, lofts, and mezzanines that have a structural floor and meet the minimum room dimensions required by the Building Code must be counted as a story.

c.    Subterranean garages and semi-subterranean garages as defined in Section 10-1-628(J) are not counted as a story. Above-grade garages as defined in Section 10-1-628(J) must be counted as a story.

E.    YARD SETBACKS AND ENCROACHMENTS.

1.    The minimum and average required setbacks for all yards are specified in Table 10-1-628(A).

2.    Required yard areas or required setback areas, as those terms are used in this Division, are defined by the minimum required setback and not by the average required setback.

3.    Encroachments are permitted into the required setback areas by various structural components and objects to the maximum distance specified in Table 10-1-628(E). Encroachment distances are measured from the minimum required setback line and not from the actual setback of the structure. All setbacks and encroachments are measured perpendicular to the property line.

Table 10-1-628(E)

Encroachments Into Yard Areas

Structure/Object

Setback Type

Maximum encroachment

Structural walls and posts supporting an overhead structure, including covered and uncovered portions of semi-subterranean garages; and any structural components or objects not specifically listed in this table

Front

none permitted

Rear

none permitted

Interior Side

none permitted

Street-Facing Side

none permitted

Fully subterranean parking garages or portions of covered parking garages where the top deck is 3 feet or more below the natural ground surface directly above

Front

up to property line

Rear

up to property line

Interior Side

up to property line

Street-Facing Side

up to property line

Eaves, canopies, cornices, sills, etc. not supported by posts

Front

4 feet

Rear

up to within 40 inches of property line

Interior Side

up to within 40 inches of property line

Street-Facing Side

3 feet

Uncovered patios or porches at ground level

Front

5 feet

Rear

up to property line

Interior Side

up to property line

Street-Facing Side

5 feet

Uncovered porches, patios, decks, and platforms above ground level but no higher than first floor level

Front

5 feet

Rear

none permitted

Interior Side

none permitted

Street-Facing Side

none permitted

Stairways, ramps, and landings leading up to grade level from subterranean and semi-subterranean parking garages or other below-grade spaces

Front

5 feet

Rear

up to property line

Interior Side

up to property line

Street-Facing Side

5 feet

Stairways, ramps, and landings leading from grade level up to the first floor level

Front

up to property line

Rear

up to property line

Interior Side

up to property line

Street-Facing Side

up to property line

Stairways, ramps, and landings above first floor level; and balconies at or above first floor level

Front

4 feet

Rear

none permitted

Interior Side

none permitted

Street-Facing Side

4 feet

Above-ground and in-ground swimming pools and spas (as measured to water line)

Front

none permitted

Rear

none permitted

Interior Side

none permitted

Street-Facing Side

none permitted

Permanent pool equipment, air conditioning equipment, water heaters, barbecues, play equipment, and similar accessory appliances and equipment (1)

Front

None permitted

Rear

Up to within 40 inches of property line

Interior Side

Up to within 40 inches of property line

Street-Facing Side

None permitted

Non-covered trash enclosures and equipment enclosures

Front

None permitted

Rear

Up to within 40 inches of property line

Interior Side

Up to within 40 inches of property line

Street-Facing Side

None permitted

Chimneys

Front

None permitted

Rear

Up to within 40 inches of property line

Interior Side

Up to within 40 inches of property line

Street-Facing Side

2 feet

Notes/Additional Requirements:

1.    Water heater and equipment closets that are built-in to a structure or enclosed by structural walls may not encroach into any required setback area.

4.    No structures or objects may be constructed or placed in required yard areas except as expressly permitted by this Section or as specifically included in the definition of Landscaping in Burbank Municipal Code Section 10-1-203.

5.    The following requirements apply to all required front yards and street-facing side yards:

a.    Hardscape is limited to a driveway leading directly from a public street or alley to a garage or other required parking area using the shortest and most direct route feasible, pedestrian pathways, and encroachments specifically permitted in Table 10-1-628(E). For the purposes of this Subsection, hardscape means cement concrete, asphalt, brick, pavers, and similar impervious surfaces.

b.    No vehicle may be parked in a required front yard or street-facing side yard.

c.    All areas that are not hardscaped must be landscaped. Such landscaping must be properly maintained.

6.    Reversed corner lots. The following requirements apply to any reversed corner lot that abuts a key lot when the key lot is located in any residential zone:

a.    The minimum required street-facing side yard setback for the rear 30 feet of the reversed corner lot is equal to the minimum required front yard setback of the key lot.

b.    Encroachments into the street-facing side yard setback for the rear 30 feet of the reversed corner lot are equal to the encroachments permitted into the front yard of the key lot.

c.    As required by Table 10-1-628(A), the minimum and average setbacks for the balance of the street-facing side yard are increased by five (5) feet if the key lot is in a single family residential zone.

F.    BUFFER AREA.

1.    In addition to the setbacks specified in Table 10-1-628(E), a 20-foot buffer area must be provided in any side or rear yard that abuts or is adjacent to a single family zoned property. The buffer area is measured from the property line of the single family zoned property perpendicular to the single family property line, and includes public streets and alleys.

2.    The 20-foot buffer distance establishes the minimum setback line for the yard or yards in which it is provided, unless the buffer setback line is closer to the multifamily property line than the otherwise required minimum setback. Except as provided in this Subsection, no encroachments by structures or objects are permitted into the buffer area.

3.    Where the buffer line establishes the minimum setback per Subsection (2), the required average setback for that building elevation is two (2) feet greater than the required minimum setback line resulting from the buffer.

4.    The portion of the required buffer area located on the multifamily property may be utilized to satisfy common or private open space requirements.

5.    Surface hardscaping may only be provided within the portion of the buffer area located on the multifamily property as follows:

a.    Where the buffer area abuts a public alley, the buffer area may be utilized as a driveway to provide vehicle access from the alley to an on-site garage or parking area using the shortest and most direct route feasible, subject to approval of a Conditional Use Permit per Table 10-1-627.

b.    The buffer area may contain pedestrian pathways.

c.    The buffer area may contain hardscaping associated with the provision of amenities in an open space area. For the purposes of this Subsection, hardscaping means cement concrete, asphalt, bricks, pavers, and similar impermeable surfaces.

6.    The portion of the buffer area located on the multifamily property must be landscaped as provided in Section 10-1-628(N).

G.    AVERAGE SETBACKS AND PLANE BREAKS.

1.    In addition to observing the minimum setbacks specified in Table 10-1-628(A) and Section 10-1-628(E), the average setbacks specified in Table 10-1-628(A) must be provided on all stories of all building elevations; except that semi-subterranean garages and above-grade garages and carports are exempt from the average setback requirements and are required only to observe the minimum setback on each elevation.

2.    Average setbacks are calculated separately for each story of each structure. Average setbacks are calculated by multiplying the length of each portion of the building elevation by its setback distance from the property line and dividing the sum of the products by the total length of the building elevation.

3.    The plane breaks used to provide the average setback may be located at different locations and may be different dimensions on different stories. The average of the offset distances for all breaks on each elevation of each story must be no less than three (3) feet. No single break may be less than one (1) foot. Break dimensions are measured perpendicular to the plane of the wall.

4.    No less than 25 percent and no more than 75 percent of the length of each elevation must be located behind the average setback plane for that elevation. Such percentage is measured separately for each story of each structure. Deviations from this requirement may be approved by the Community Development Director for the purpose of providing an average setback greater than that specified in Table 10-1-628(A).

5.    Balconies, entries, and porches or portions thereof that are recessed into the building facade may be utilized to satisfy the average setback and break requirements. Balconies, entries, and porches or portions thereof that project from the building facade may not be utilized to satisfy the setback and break requirements.

6.    For the purposes of calculating the average setback and breaks, openings on a building elevation are considered to have a setback equivalent to the greatest setback along the same elevation.

H.    FENCES, WALLS, HEDGES AND OTHER YARD FEATURES.

1.    Fences, walls, and hedges.

a.    Fences, walls, and hedges may not be composed, in whole or part, of dangerous wire types including, but not limited to: razor wire, barbed wire, electric wire, or any other similar wire type that may pose serious risk of injury.

b.    The maximum allowed height of fences, walls, and hedges is as specified in Table 10-1-628(A).

c.    The height of a fence or wall is measured from the highest abutting finished ground surface of the property upon which the fence, wall, or hedge is located. On sloped surfaces, portions of a fence, wall, or hedge may exceed the maximum height for the purpose of providing a stair-step design, but each stair-step section, as measured from the horizontal midpoint, may not exceed the maximum height.

d.    Ornamentation on top of fences, walls, and hedges in the front yard may exceed the maximum allowed height for fences, walls, and hedges up to 18 inches above the actual height of the fence, wall, or hedge or up to a maximum height of five (5) feet, six (6) inches. All ornamentation features must be spaced a minimum of four (4) feet apart, as measured on center. In all other yards, ornamentation may not exceed the maximum allowed height for fences, walls, and hedges.

e.    All fences, walls, and hedges must comply with the corner cutoff provisions of Section 10-1-1303.

f.    Gates are subject to the same requirements as fences and walls.

g.    Enforcement of nonconforming fences, walls, and hedges established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

2.    Other yard features.

a.    Other yard features, including but not limited to natural features such as rocks; structural features such as arbors, pergolas, fountains, reflecting pools, art works, screens, light poles, benches, and other items included within the definition of Landscaping per Section 10-1-203 are limited to a maximum of two (2) features per street frontage within front and street-facing side yards. Such features must comply with the corner cutoff provisions of Section 10-1-1303.

b.    Arbors, pergolas, and similar structures are limited to a maximum height of nine (9) feet, a maximum width of six (6) feet, and a maximum interior length of three (3) feet as measured from the highest abutting finished ground surface. Other yard features are limited to a maximum height of six (6) feet and a maximum width of six (6) feet.

c.    Enforcement of nonconforming yard features established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

3.    Retaining walls.

a.    Retaining walls located within front yard areas are limited to a maximum height of four (4) feet per wall.

b.    Additional retaining walls must be setback a distance equivalent to the height of the retaining wall below as measured from the face of the retaining wall below.

c.    Fences or walls that are placed on top of a retaining wall within a front yard are limited to a maximum height of four (4) feet from the abutting finished ground surface and require an additional two (2)-foot setback from the face of the retaining wall below.

d.    Enforcement of nonconforming retaining walls established prior to October 17, 2008, may be subject to abeyance pursuant to Section 10-1-19202.

4.    Exceptions. Exceptions from the requirements of this Subsection (H) (including the applicable requirements of Section 10-1-1303 referenced herein) may be granted through approval of a fence exception permit as follows.

a.    Any exceptions from the requirements of this Subsection (H) to allow a fence, wall, hedge, or other yard feature with a height of six (6) feet or less as measured from the abutting finished ground surface may be granted through approval of a Minor Fence Exception Permit per Section 10-1-19200.

b.    Any exceptions from the requirements of this Subsection (H) to allow a fence, wall, hedge, or other yard feature with a height of greater than six (6) feet as measured from the abutting finished ground surface may be granted through approval of a Major Fence Exception Permit per Section 10-1-19201.

I.    PARKING AREAS AND DRIVEWAYS.

1.    All parking spaces provided in a multifamily project, including tenant and guest spaces, must be full-size spaces no less than eight (8) feet, six (6) inches wide and no less than 18 feet deep.

2.    When individual garages or carports are used to provide parking for individual units, a clear space no less than nine (9) feet, six (6) inches wide and 19 feet deep must be provided inside the individual garage or carport for each parking space.

3.    All parking spaces must be clear of any encroachments including but not limited to structural features, shelves, cabinets, appliances, and equipment.

4.    Tandem parking spaces may be used only on projects with three (3) or fewer dwelling units in the multiple family zones, other than in the R-2 Zone. When tandem parking is used, at least one (1) tandem pair of parking spaces must be provided for each dwelling unit and each tandem pair must be assigned to a specific unit. Guest parking spaces may not be tandem spaces.

5.    Unrestricted access must be provided to all guest spaces. Such spaces may not be located within a gated or secured area or otherwise have their access restricted.

6.    In the R-2 Zone, all parking spaces must be provided in an enclosed garage or carport. In all other Multiple Family Residential Zones, parking spaces located within the rear half of the lot may be in a garage or carport, covered, or uncovered; all other parking spaces must be in an enclosed garage.

7.    All parking areas that are not located within an enclosed garage must comply with the following:

a.    Parking areas must be located, arranged, and/or screened with opaque material so that the parking spaces and backup areas are not visible from a public street.

b.    Parking areas must be enclosed at the property lines by a masonry wall at least six (6) feet tall except where vehicle access occurs. This requirement may be waived by the Community Development Director upon a finding that providing a wall may endanger the public health, safety, or welfare.

8.    All parking spaces, driveways, backup areas, and access aisles must be designed and constructed per the requirements of Article 14 of this Chapter.

9.    Driveways must lead directly from a public street or alley to a required parking area using the shortest and most direct route feasible.

10.    Driveways must be improved with cement concrete, asphalt, brick, pavers, or a similar permanent surface approved by the Traffic Engineer. Portions of driveways within required front and street-facing side yard areas and otherwise readily visible from a public right-of-way must be improved with decorative pavement, brick, pavers, or a similar decorative surface approved by the City Planner and Traffic Engineer.

11.    Driveways must be no less than 10 feet wide and no more than 20 feet wide and must remain clear and unobstructed by any structural elements or vegetation.

12.    A minimum backup turning radius of 24 feet must be provided for all parking spaces.

13.    A curb cut for a driveway must be no wider than 18 feet. No more than one (1) curb cut may be provided on each street frontage for each 100 feet of lot frontage on that street, except that lots with less than 100 feet of frontage may provide one (1) curb cut. Curb cuts must be separated by at least 20 feet of uncut curb.

14.    Bicycle parking areas must have as many bicycle racks as the required number of bicycle parking spaces. All bicycle parking spaces must be secured and weather protected by an overhead covering. Bicycle parking areas may not be located in a required side or rear yard setback area.

J.    PARKING GARAGES.

1.    To be considered a semi-subterranean garage, the top deck of a parking garage must be no higher than five (5) feet above the natural abutting ground surface at any point as measured at a five (5)-foot horizontal distance out from the exterior wall surface.

2.    Parking garages that do not meet the height requirement for a semi-subterranean garage per Subsection (1) are considered above-grade garages.

3.    Above-grade garages must be set back a minimum of 15 additional feet from the front lot line than the front elevation of non-garage structures, as measured from the portion of the front elevation set back furthest from the front lot line.

4.    Portions of semi-subterranean parking garages that extend above the ground surface, and above-grade garages, on a front or street-facing side yard elevation must be completely screened by a landscaped berm, wall, or similar feature or combination of features approved by the Community Development Director. Any wall or similar feature must match or compliment the architectural style, materials, and colors of the building and is subject to the height limitations set forth in Table 10-1-628(A).

5.    All garage openings on a front or street-facing side yard elevation must provide access to a common parking area for multiple units or must provide access to a common driveway that serves individual parking garages. Such openings may not serve a separate parking garage for an individual unit.

6.    All subterranean, semi-subterranean, and above-ground garage openings may not exceed 20 feet in width. All garage openings on a front or street-facing side yard elevation must be separated by at least 20 feet.

K.    OPEN SPACE.

1.    Common and private open space areas must be located outside of a structure.

2.    Open space areas must satisfy the minimum dimensions specified in Table 10-1-628(A).

3.    Open space areas must have a slope no greater than five percent, but may be located on multiple levels.

4.    If located on multiple levels, each level of open space must individually satisfy the minimum dimensions required by Table 10-1-628(A).

5.    Front and street-facing side yards may not be utilized for common or private open space except that balconies used for private open space may encroach as permitted in Table 10-1-628(E). Interior side and rear yards may be utilized for common or private open space so long as all minimum dimensions are satisfied.

6.    Rooftop areas, including the top of above-grade garages, may not be utilized to satisfy required common or private open space requirements. Such areas may be utilized to provide additional open space in excess of the minimum required, but only if the lot is not abutting or adjacent single family zoned property. If a rooftop area is utilized for non-required open space, such open space must be surrounded by an opaque parapet wall at least six (6) feet tall. Such parapet must be set back at least five (5) feet from the exterior face of the building on each elevation, as measured from the portion of the elevation set back furthest from the property line.

7.    Open space areas must be dedicated areas separate 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. Hardscaping is limited to pedestrian pathways and recreation areas.

8.    Open space areas may not contain stairways or ramps except as necessary to provide access to the open space area or among different levels of the open space area.

9.    Open space areas must be landscaped as provided in Section 10-1-628(N).

10.    The following requirements apply to common open space areas:

a.    Common open space areas must be at least 80 percent open to the sky with no overhanging structural elements, including balconies or canopies.

b.    Common open space areas must be centrally located within a project and must be readily accessible to all tenants.

c.    All hardscape must be brick, tile, or another permanent decorative material of similar quality.

d.    All portions of all common open space areas must be useable for recreational purposes and accessible by pedestrians.

11.    The following requirements apply to private open space areas:

a.    Each individual private open space area must be enclosed by an opaque enclosure at least 42 inches tall.

b.    Private open space must abut the unit that it serves and allow for direct access from the unit without having to enter a common area.

c.    Private open space must be provided at a single location for each individual unit and may not be divided among two (2) or more locations. Except that when 200 square feet of private open space is provided for projects with five (5) or fewer units, the private open space may be divided among two (2) or more locations so long as no one location is smaller than 50 square feet and all locations meet the minimum dimensions specified in Table 10-1-628(A).

12.    Each dwelling unit must have a direct view onto either a public street or on-site open space as follows:

a.    Each dwelling unit must have one (1) or more windows (which, for the purposes of this section, includes other transparent materials such as sliding glass doors) with a combined minimum width of eight (8) feet located on the same wall in a primary common living area (not a bedroom).

b.    Such windows may be located on a front or street-facing side yard elevation so as to provide a direct view of a public street. Alleys may not be used to satisfy this requirement.

c.    If not located on a front or street-facing side yard elevation facing a public street, such windows must face and provide a direct view of on-site open space. Such open space must be the required common open space, or must be additional open space that satisfies all common open space requirements including but not limited to minimum dimensions and landscaping, and may not contain parking areas or driveways. For projects with five (5) or fewer units that provide 200 square feet of private open space per unit in lieu of common open space, the windows may face a private open space area so long as the area provides minimum dimensions of 10 feet by 10 feet and is the private open space belonging to the same unit.

L.    AMENITIES.

1.    On-site amenities must be provided as follows. Any of the amenity items listed below may be substituted with a comparable amenity subject to approval by the Director.

a.    For projects with 20 or fewer units, two (2) different items from the following: gazebo, spa, cooking/eating area with built-in barbeque, fountain, reflection pool, water garden, or permanently affixed outdoor seating.

b.    For projects with 21 to 99 units, two (2) different items from Subsection (a) and one (1) additional item from the following: lap pool, handball court, volleyball area, activity room, sauna, or putting green.

c.    For projects with 100 or more units, two (2) different items from Subsection (a), one (1) item from Subsection (b), and one (1) additional item from the following: swimming pool, tennis court, permanently equipped gym or exercise room with a minimum area of 300 square feet, or community room with a minimum area of 400 square feet.

2.    All amenities must comply with the following requirements:

a.    All amenities must be constructed of high quality materials and permanently installed as part of the project, unless otherwise approved by the Director.

b.    All amenities must follow the same design concept and architecture as the structures.

c.    All outdoor amenities must be located in a required common open space area or other common area that is readily accessible by all tenants. All indoor amenities must be readily accessible by all tenants.

d.    If located within a required common open space area, the area occupied by the amenities may still be counted toward the required common open space area and minimum dimensions. Indoor amenities may not count toward the common open space requirement.

M.    PEDESTRIAN CIRCULATION.

1.    Pedestrian circulation paths must be provided to connect the following on-site and off-site locations and features:

a.    Common building/project entries and individual unit entries

b.    Parking garages and surface parking areas

c.    Bicycle parking areas

d.    Common open space areas including play areas, recreation areas, and sitting areas

e.    Trash collection areas

f.    Public sidewalks

g.    Transit stops

2.    Pedestrian paths must have a minimum width of 48 inches and must be improved with a decorative paved surface, brick, pavers, or similar material approved by the Director.

3.    If a pedestrian path is included on one (1) or more sides of a vehicle driveway, access aisle, or parking area, such path must be differentiated from the vehicle circulation area by a change in color, material, and/or texture.

N.    LANDSCAPING.

Landscaping must be provided for every lot, yard, open space area, and parking area as provided in this Subsection. For the purposes of this Subsection, “landscape area” means an area covered with soil and planted with trees, shrubs, turf/lawn, or other vegetation, including permanent planters.

1.    A minimum percentage of the area of each lot must be landscape area as specified in Table 10-1-628(A). All landscape area, including landscaping within common open space areas, may be used to satisfy this requirement.

2.    When abutting or adjacent to a single family zoned property, a minimum percentage of each required front, rear, and side yard area must be landscape area. The minimum percentage of landscape area within each individual yard is the same as the minimum percentage of landscape area required for the lot.

3.    All landscape areas must provide minimum soil depths as follows:

a.    12 inches for areas planted with turf or ground cover

b.    18 inches for planters and areas planted with shrubs and similar vegetation

c.    3 feet for planters or areas planted with trees

4.    Each planter and landscape area must have no dimension or diameter less than three (3) feet.

5.    No more than 35 percent of the total landscape area of the lot as a whole may be occupied by turf or lawn. The remaining landscape area must be occupied by ground cover, vines, ornamental grasses, small shrubs, and/or seasonal flowering plants. All landscape area not occupied by turf or ground cover must be covered with mulch to reduce water evaporation and consumption and weed growth.

6.    At least 50 percent of the total landscape area of the lot as a whole must be planted with shrubs at a rate of one (1) shrub per 10 square feet.

7.    Trees must be provided in all yard areas as follows:

a.    Trees must be provided at a rate of one (1) tree per 40 linear feet of yard space. The required number of trees must be calculated separately for each yard area, subject to normal rounding procedures.

b.    Notwithstanding the number of trees required by Subsection a, no less than one (1) tree must be provided for each of the front, interior side, and street-facing side yards and no less than two (2) trees must be provided for the rear yard.

c.    One (1) or more of the trees in both the front and street-facing side yards must be at least 48-inch box size; all other trees must be at least 24-inch box size.

d.    Trees in front yard areas must be complementary to street trees as determined by the Park, Recreation and Community Services Director.

8.    All required common open space areas must be landscaped as follows:

a.    Common open space areas must have a minimum percentage of landscape area as specified in Table 10-1-628(A). If common open space is provided in more than one (1) area, each individual area must provide the minimum percentage of landscape area.

b.    All landscape areas within common open space areas must be accessible by pedestrians.

c.    Trees must be provided in common open space areas at a rate of one (1) tree per 600 square feet of open space area, subject to normal rounding procedures. If common open space is provided in more than one (1) area, the number of required trees must be calculated using the collective total of common open space area. The required number of trees may be distributed among the common open space areas at the discretion of the applicant with Director approval.

d.    At least one half (1/2) of the required trees must be at least 24-inch box size. All other trees must be at least 15-gallon size.

9.    All buffer areas required by Section 10-1-628(F) must be landscaped as follows:

a.    All non-hardscaped areas within the buffer area must be landscaped.

b.    At least one 24-inch box tree must be provided every 15 linear feet along any lot line that abuts or is adjacent to a single family zoned property.

c.    The landscaping and trees required within the buffer area may be counted toward satisfying the overall landscaping and tree requirements for the project. If the buffer area is used to satisfy a common open space requirement, the landscaping and trees may also be counted toward satisfying the common open space landscaping and tree requirements.

10.    All outdoor driveways, surface parking areas, and vehicle circulation areas must be landscaped as follows:

a.    On lots of 12,000 square feet or more, a landscape strip with a minimum width of three (3) feet must be provided between any driveway, parking area, or circulation area and any structure or property line, except where vehicle access occurs.

b.    On lots of 12,000 square feet or more, at least one 24-inch box tree must be provided for every three (3) uncovered parking spaces. Such trees must be located within the three (3) foot landscaped strip required per Subsection (a).

c.    All parking garages and carports must provide a landscape planter with a minimum size of three (3) feet by three (3) feet between every two (2) parking spaces or single-width door openings, or between every double-width door opening.

11.    All planters must be constructed of permanent masonry or concrete construction. All planters must provide drainage directly into a drainage system.

12.    All landscape areas must include a permanent fully automatic irrigation system. Irrigation systems must utilize water conservation design concepts including but not limited to low-flow sprinkler heads and bubblers, drip systems, zone separation, microclimate considerations, and moisture sensors. Irrigation systems may operate only between the hours of 9 p.m. and 6 a.m.

13.    All landscaping, as planted pursuant to the approved landscaping plans, and related irrigation systems, must be properly maintained in reasonably good condition, and any weeds or decayed or dead vegetation shall be removed. This requirement applies at all times during the life of the project, and it shall be unlawful for any landowner, and person having leaving, occupying or having charge or possession of any property to violate this provision.

14.    All landscaping must be designed and installed so as to reach maturity within five (5) years of the planting date.

15.    Landscaping plans demonstrating compliance with the landscaping requirements must be prepared by a registered landscape architect. Final species selection and placement of all trees and vegetation must be approved by the Community Development Director and the Park, Recreation and Community Services Director.

O.    TREE AND ARCHAEOLOGICAL SITE PRESERVATION.

1.    Trees. Existing parkway and on-site trees must be preserved in place and incorporated into the design of a project to the extent feasible. Preserved on-site trees may be credited toward satisfaction of the landscaping requirements of this Section. If preserving trees in place is not feasible, the applicant must comply with one of the following options, subject to approval by the Community Development Director. These options must be applied independently to parkway and on-site trees.

a.    Trees may be relocated to another location. Trees relocated on-site may be credited toward satisfaction of the landscaping requirements of this Section.

b.    Trees may be removed and replaced with a similar tree. Such replacement trees may not be credited toward satisfaction of the landscape requirement and must be provided in addition to all trees otherwise required to satisfy the landscaping requirement.

c.    Trees may be removed and the applicant must reimburse the City for the value of all removed trees per Sections 7-4-105 and 7-4-111 of this Code. All such payments made to the City must be placed in a special fund devoted to tree replacement. Such payment may not be credited toward satisfaction of the landscape requirement.

2.    Archaeological sites. If, during demolition or construction activities, unique archaeological resources as defined in California Public Resources Code Section 21083.2 are discovered, all demolition and/or construction activity must be halted for a period of time not to exceed two (2) weeks. While work is halted, a qualified archaeologist must examine the resource and determine the appropriate measures necessary to study or remove the resource to another site. The project applicant must comply with all reasonable mitigation measures recommended by the qualified archaeologist.

P.    BUILDING ORIENTATION AND DESIGN.

1.    All structures must be oriented to the street by providing entries, windows, architectural features, and/or balconies on front and street-facing side yard elevations.

2.    All elevations must provide facade treatment in a manner that provides variation in heights, volumes, entries, materials, colors, architectural features, and/or architectural style elements.

3.    Any architectural element, material, and/or color used on one (1) facade of a building must be used equally on all facades. Transitions or changes in materials or colors and breaks in architectural style elements may not occur at building corners.

4.    All architectural elements and features used to create articulation must be consistent in architectural style and materials.

5.    Semi-subterranean and above-grade parking garages must be designed to serve as the architectural base for the building through the alignment of architectural elements and axes, continued facade treatment, and use of complementary colors and materials.

Q.    MATERIALS AND COLORS.

1.    A minimum of two (2) colors must be used on the primary structure.

2.    All building facades must utilize the same palette of materials in the same or similar proportions. If the front facade utilizes more than one (1) material, the same combination of materials must be utilized on all facades.

3.    When more than one (1) palette of materials is used for multiple structures within a single project, the primary materials must be the same for all structures; only secondary materials may be changed among the structures. This requirement may be waived by the Community Development Director for projects with freestanding units or townhouses where architectural variety among structures is deemed appropriate by the Director.

4.    Glass curtain walls and other transparent or reflective materials may not be utilized for building facades.

R.    WINDOWS AND AWNINGS.

1.    Frames, sills, or similar architectural elements must be used around all windows on all elevations when appropriate to the architectural style. All frames, sills, and similar elements must be consistent with or complementary to the architectural style.

2.    The following requirements apply to all awnings, if used:

a.    Awnings may not extend downward to cover more than 25 percent of a window face.

b.    Bubble awnings are prohibited.

c.    Vinyl, plastic, and ribbed metal awnings are prohibited.

S.    ROOF DESIGN AND MASSING.

1.    Changes in roof heights and shapes must be used to avoid long flat walls and break up the mass of the structure.

2.    Roof mansards and parapets, when used, must continue around all building elevations, whether or not they are visible from the street.

3.    Roof materials and colors must complement the building materials and colors and the architectural style.

4.    Parapets, when used, must provide visual interest and variety in a manner consistent with the architectural style and facade of the building.

5.    All roof mounted equipment must be screened from view through the use of architectural screening systems that are visually integrated into the building design and consistent with the architectural style, materials, and color.

T.    ENTRIES AND PORCHES.

1.    All unit and project entries must serve as a primary design element through changes in building footprint, elevation, volume, and/or landscaping.

2.    No unit or project entry may open directly onto a parking area, driveway, or other vehicle circulation area. This requirement is not intended to prohibit secondary entries that provide access from a private garage that serves the individual unit.

3.    The maximum permitted height for any porch enclosure is 42 inches, or 36 inches if the porch or a portion thereof projects into the required front or street-facing side yard setback area.

U.    BALCONIES AND STAIRWAYS.

1.    Balconies must have architectural elements that are consistent with the architectural style of the structure.

2.    Balconies must be enclosed in a manner consistent with the architectural style.

3.    Balconies must be a minimum of three (3) feet deep. When used to satisfy the private open space requirement, balconies must be a minimum of five (5) feet deep.

4.    Balconies on elevations that abut or are adjacent to single family zoned properties must be enclosed by a solid opaque wall no less than five (5) feet tall.

5.    Exterior stairways must be treated as a design element that is integral to the main structure and consistent with the architectural style.

V.    TRASH COLLECTION AREAS.

1.    All multifamily projects must provide a designated on-site trash and recycling collection area.

2.    Projects with four (4) or more dwelling units must provide a designated on-site trash and recycling collection area no smaller than seven (7) feet by eight (8) feet, unless a smaller size is approved by the Public Works Director. When located outside of a structure, the collection area must be enclosed on three (3) sides by a masonry wall no less than six (6) feet tall.

3.    The materials, colors, and finish of trash enclosures located outside of a structure must be consistent with or complementary to the architectural style of the building.

W.    LIGHTING.

1.    Lighting must be provided in all common areas including, but not limited to: parking garages, outdoor parking areas, common open space areas, pedestrian paths, stairways, and hallways.

2.    Outdoor lighting fixtures must be positioned and directed so as not to shine or cause glare onto adjacent properties or public rights-of-way.

3.    Free-standing lighting fixtures must be no taller than eight (8) feet as measured from the abutting ground surface or floor level.

4.    All lighting fixtures must be consistent with the architectural style of the building.

X.    MASTER TELEVISION CABLE SYSTEM.

A master television cable system with one (1) or more television cable outlets in each individual unit must be provided. [Formerly numbered Section 31-44; amended by Ord. No. 15-3,860, eff. 2/27/15; 3750, 3730; 3690, 3676, 3535, 3255, 3139, 3058, 2725, 2640, 2616, 2387, 2386, 2371.]

10-1-629: STANDARDS FOR CONDOMINIUMS:

A.    APPLICABILITY.

In addition to the development standards specified in Section 10-1-628, the following additional requirements apply to structures that are built as condominiums and structures that are converted to condominiums. Apartments that do not comply with these requirements may not be converted to condominiums. Additional requirements for condominium conversions are specified in Division 10 of this Article.

B.    PARKING.

A minimum of two (2) off-street parking spaces must be provided for each dwelling unit, regardless of the number of bedrooms. Such parking must be in addition to guest parking required per Table 10-1-628(A). All parking spaces must be located in a garage or carport except guest spaces.

C.    STORAGE.

A minimum of 60 cubic feet of on-site individual secure storage space must be provided for each dwelling unit. Such storage space must be located outside of the dwelling unit. If located in a parking garage, such storage area must be accessible without having to move any vehicles out of parking spaces other than the vehicle belonging to the same tenant as the storage space. [Added by Ord. No. 3139; Formerly numbered Section 31-44.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3676, eff. 8/16/05.]

10-1-630: ADDITIONAL REQUIREMENTS FOR THE RANCHO AREA:

A.    APPLICABILITY.

1.    In addition to the development standards specified in Sections 10-1-628 and 10-1-629, the requirements of this Section apply to all projects in the Rancho Area.

2.    For the purposes of this Section, the Rancho Area is defined as depicted in Diagram 10-1-630(A) and described as the area bounded by Keystone Street, Alameda Avenue, Main Street, Valencia Avenue, Victory Boulevard, City boundary, Keystone Street extended, Riverside Drive, Bob Hope Drive, City boundary, California Street, Ventura Freeway, Bob Hope Drive, Riverside Drive, and Keystone Street.

Diagram 10-1-630(A)

Rancho Area

B.    ARCHITECTURAL DESIGN.

Architectural design and style for all structures must be oriented towards early California Rancho imagery, including but not limited to the following:

1.    Strong horizontal elements such as long roof lines and verandas

2.    Wide eave overhangs

3.    Adobe or vertical board-and-batten wall surfaces

4.    Deeply inset window and door openings

5.    Heavy timber elements, such as post and beam support for porches or verandas

6.    Multi-paned windows

7.    Utilization of the following materials or similar materials approved by the Community Development Director:

a.    Exterior woods, including rough cut timber and large section timber

b.    Slump

c.    Block or other adobe-like masonry

d.    Clay roof tile

C.    VEGETATION.

Landscaping must include the following types of trees and vegetation, or similar species complementary to the existing Rancho environment that are approved by the Community Development Director:

1.    California pepper

2.    Olive

3.    Live oak

4.    California holly

5.    Eucalyptus

6.    Cactus and succulents

D.    RANCHO REVIEW BOARD.

All Development Review applications for projects in the Rancho Area are subject to review for compliance with the requirements of this Section by the Rancho Review Board as established in Section 10-1-2453. [Formerly numbered Section 31-45; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3676, eff. 8/16/05.]

10-1-631: NEIGHBORHOOD CHARACTER AND COMPATIBILITY:

A.    DEVELOPMENT REVIEW APPROVAL.

Unless specifically exempted by Section 10-1-1914 of this Code, no structure shall be erected on any multiple family lot, nor shall any permits be issued until a Development Review has been submitted to and approved by the Director, as provided in Division 2, Article 19 of this chapter. These permits include but are not limited to site preparation permits such as demolition and grading permits. In addition to other requirements of Development Review, the Director is further authorized to require modifications to any project in a multifamily residential zone as a condition of Development Review approval, or to deny a Development Review application, if the Director finds and determines either of the following:

1.    The project would conflict with, or would have an adverse impact on, the existing or intended neighborhood character; or

2.    The project would have an adverse impact on nearby single family residential structures located in any single family residential zone.

B.    PROJECT FEATURES.

In making the determination authorized by Subsection (A), the Director shall consider specific project features, including but not limited to the following:

1.    Building height

2.    Building size and massing

3.    Proportions of elements within a building and buildings within a project

4.    Roof style and pitch

5.    Parking and circulation areas and vehicle access points

6.    Building orientation including design and location of entries, windows, and balconies and their relationship to the street and neighboring properties

7.    Pedestrian access points, entry locations, and circulation

8.    Location and orientation of common and private open space areas

C.    APPEALS.

Any Development Review decision, which includes the determination or lack of determination by the Director pursuant to this Section, may be appealed per the procedures set forth in Division 2 of Article 19 of this Chapter. [Formerly numbered Section 31-46; Amended by Ord. No. 3676, eff. 8/16/05; 3633, 3491, 3488, 3267, 3200, 3181, 3058, 2598, 2194.]

10-1-632:  

[Formerly numbered Section 31-47; Renumbered by Ord. No. 3058; Amended by Ord. No. 3676, eff. 6/18/05; 3587, 3190, 3017, 2194, 2193; Deleted by Ord. No. 3693, eff. 5/6/06.]

DIVISION 5. AFFORDABLE HOUSING INCENTIVES

10-1-633: DEFINITIONS:

The following words or phrases as used in this Division shall have the following meanings. These definitions shall apply only within this Division and shall not apply to other Divisions of this Chapter. In the event of a conflict between the definitions in this Section and the definitions of Section 10-1-203, these definitions shall prevail.

ACCESSIBLE HOUSING UNIT: Means for purposes of receiving an inclusionary housing credit, an accessible housing unit must be a fully built handicapped unit during time of construction with standards in excess of California Building Code Chapter 11A requirements.

ADAPTIVE REUSE: Means conversion of all or part of a previously non-residential structure to residential use. For example, conversion of second story office space in the downtown to residential lofts would be Adaptive Reuse.

AFFORDABLE HOUSING FUND: Means a separate fund for deposit of In-Lieu Housing Fees, and other sources as applicable, as defined under Section 10-1-690.1 of this Division.

AFFORDABLE OWNERSHIP HOUSING COST: Means the Total Housing Costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in California Health and Safety Code Section 50052.5.

AFFORDABLE RENT: Means the Total Housing Costs, including a reasonable utility allowance, paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in California Health and Safety Code Section 50053. Affordable Unit means a dwelling unit within a Housing Development which will be reserved for, and restricted to, Very Low Income Households or Low Income Households at an Affordable Rent or is reserved for sale to a moderate income household at an Affordable Purchase Price.

AFFORDABLE PURCHASE PRICE: Means the purchase price for an Affordable Unit for Moderate Income Households that is calculated so that the total monthly housing cost does not exceed the Affordable Ownership Housing Cost.

AFFORDABLE UNIT: Means a dwelling unit within a Housing Development which will be reserved for sale or rent to, and is made available at an Affordable Rent or Affordable Ownership Cost to, very low, low, or moderate-income households, or is a unit in a Senior Citizen Housing Development.

AREA MEDIAN INCOME: Means area median income for Los Angeles County as published pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

CHILD CARE FACILITY: Means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

CONDOMINIUM PROJECT: Means a Housing Development as defined in subdivision (f) of Section 1351 of the Civil Code, but not including the conversion of existing rental apartments to condominiums.

DENSITY BONUS: Means a density increase over the Maximum residential density, in the manner set forth in Section 10-1-635.

DENSITY BONUS HOUSING AGREEMENT: Means a recorded agreement between a developer and the City as described in Section 10-1-642 of this Division to ensure that the requirements of this Division are satisfied. The agreement, among other things, shall establish the number of Affordable Units, their size, location of the Affordable Units within the Housing Development, terms and conditions of affordability, and production schedule.

DENSITY BONUS UNITS: Means those residential units granted pursuant to the provisions of this Division which exceed the otherwise allowable maximum residential density for the development site.

DEVELOPMENT AGREEMENT: Means an agreement entered into between the city and a developer pursuant to Section 65864 of the California Government Code, and under the authority vested in the Council pursuant to Section 10-1-1997 of the Burbank Municipal Code.

DEVELOPMENT STANDARD: Means any site or construction condition that applies to a Housing Development pursuant to this Chapter. “Site and construction conditions” means standards that specify, control, or regulate the physical development of a site and buildings on the site in a Housing Development.

DIRECTOR: Means the Director of the Community Development Department of the City, or the designee or designees of such person, or such other persons as may be designated by the City Manager.

DISCRETIONARY APPROVAL: Means any entitlement or approval as in Title 10 of the Municipal Code, including but not limited to a Conditional Use Permit, Variance, and subdivision map. Housing Development means one (1) or more groups of projects for residential units constructed or to be constructed in the City for sale or for rent. For the purposes of this Division, “HOUSING DEVELOPMENT” also includes a subdivision, planned unit development, or Condominium Project, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of residential units.

HOUSEHOLD INCOME LEVELS: VERY LOW, LOW AND MODERATE: Means households whose gross incomes do not exceed the qualifying very low, low and moderate income limits established in Section 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate of median income in the Los Angeles-Long Beach Primary Metropolitan Statistical Area, and as adjusted by the State Department of Housing and Community Development (HCD). Pursuant to Code Sections 6926, 6928 and 6930, these income limits are equivalent to the following:

Very low income household: 50 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

Low income household: 80 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

Moderate income households: 120 percent of area median income adjusted for household size appropriate for the unit and other factors determined by State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.

HOUSING DEVELOPMENT: Means one (1) or more groups of projects for residential units constructed or to be constructed in the City for sale or for rent. For the purposes of this Division, HOUSING DEVELOPMENT also includes a subdivision, planned unit development, or Condominium Project, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of residential units.

HOUSING UNITS: Shall mean the total number of residential units in a Housing Development, including the Affordable Units and the Market Rate Units.

INCENTIVES or concessions are defined in Section 10-1-640.

INCLUSIONARY HOUSING AGREEMENT: Means a legally binding agreement between a developer and the city which sets forth those provisions necessary to ensure fulfillment of the requirements of this Division, whether through the provision of Inclusionary Units or through an alternative method.

INCLUSIONARY UNIT: Means a dwelling unit offered for rent or sale to Very Low, Low or Moderate Income households, at an Affordable Rent or Affordable Ownership Housing cost, pursuant to this Division.

IN-LIEU FEE: Means a fee paid to the City by a developer subject to this Chapter in-lieu of providing the required Inclusionary Units.

MARKET RATE UNIT/S: Means all unit/s within a Housing Development excluding the Affordable Units.

MAXIMUM RESIDENTIAL DENSITY: Means the maximum number of residential units permitted by this Chapter and the Land Use Element of the General Plan on the date an application for a Density Bonus and Incentives or Concessions is deemed complete, prior to the application of the Density Bonus pursuant to this Division.

OFF-SITE UNIT: Means an Inclusionary Unit that will be built separately or at a different location(s) than the main Residential Development, in accordance with the standards.

ON-SITE UNIT: Means an Inclusionary Unit that will be built as part of the main Residential Development, in accordance with the standards.

QUALIFYING RESIDENT: Means senior citizens or other persons eligible to reside in a Senior Citizen Housing Development.

PLANNED DEVELOPMENT: Means a development (other than a community apartment project, a Condominium Project, or a stock cooperative) having either or both of the following features:

1.    The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

2.    A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Section 1367 or 1367.1 of the California Civil Code. As used in this Division, Planned Development is not development created by Planned Development zoning pursuant to Division 10 of Article 19 of this Chapter.

RESIDENTIAL DEVELOPMENT: Refers to projects involving new construction of residential dwelling units, inclusive of mixed use developments, Adaptive Reuse, and Substantial Rehabilitation involving a net increase in dwelling units, subject to the provisions of this Division.

SENIOR CITIZEN HOUSING DEVELOPMENT: Means a Housing Development as defined in California Civil Code Section 51.3.

SUBSTANTIAL REHABILITATION: Means the rehabilitation of a dwelling unit(s) including correction of code violations, Title 24 upgrades, seismic rehabilitation (where appropriate), and accessibility upgrades such that the unit is returned to the City’s housing supply as decent, safe and sanitary housing. The minimum cost threshold for substantial rehabilitation is $40,000 per unit, as that amount may be adjusted for inflation pursuant to the Inclusionary Housing Implementing Regulations.

TOTAL HOUSING COSTS: Means the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and utilities. For an ownership unit, total housing costs include the mortgage payment (principal and interest), utilities, homeowner’s association dues, taxes mortgage insurance and any other related assessments. [Newly Added by Ord. No. 3693, eff. 5/6/06; Repeated by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-48; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-634: PURPOSE AND INTENT - DENSITY BONUS:

In accordance with Chapter 4.3 Section 65915 et seq. of the California Government Code, this Division is intended to provide incentives for the production of housing for very low, low income, and senior households and for the production of for-sale housing for moderate income households residing in condominium and Planned Development projects. In enacting this Division, it is also the intent of the City of Burbank to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City’s housing element. Section 10-1-633 through 10-1-643 shall hereafter be referred to as the “Density Bonus Ordinance”. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-49; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3139, 3058, 2836, 2727, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-635: CALCULATION OF DENSITY BONUS AND NUMBER OF INCENTIVES AND CONCESSIONS:

A.    The City shall grant a Density Bonus to a developer of a Housing Development of five (5) or more dwelling units who seeks a Density Bonus in accordance with this Division and agrees to construct at least one of the following:

1.    Ten percent of the total units of the Housing Development as Affordable Units affordable to low income households; or

2.    Five percent of the total units of the Housing Development as Affordable Units affordable to very low income households; or

3.    A Senior Citizen Housing Development; or

4.    Ten percent of the total units of a newly constructed Condominium Project or Planned Development as Affordable Units which are affordable to moderate income households.

B.    In determining the number of Density Bonus Units to be granted pursuant to Subsection (A) of this Section, the maximum residential density for the site shall be multiplied by 0.20 for Subsections (1), (2), and (3) and 0.05 for Subsection (4), unless a lesser number is selected by the developer.

1.    For each one percent increase above ten percent in the percentage of units affordable to low income households, the Density Bonus shall be increased by 1.5 percent up to a maximum of 35 percent.

2.    For each one percent increase above five percent in the percentage of units affordable to very low income households, the Density Bonus shall be increased by 2.5 percent up to a maximum of 35 percent.

3.    For each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the Density Bonus shall be increased by one percent up to a maximum of 35 percent.

When calculating the number of permitted Density Bonus Units, any calculations resulting in fractional units shall be rounded to the next larger integer.

C.    The Density Bonus Units shall not be included when determining the number of Affordable Units required to qualify for a Density Bonus. When calculating the required number of Affordable Units, any calculations resulting in fractional units shall be rounded to the next larger integer.

D.    The developer may request a lesser Density Bonus than the project is entitled to, but no reduction will be permitted in the number of required Affordable Units pursuant to Subsection (A) above. Regardless of the number of Affordable Units, no Housing Development may be entitled to a Density Bonus of more than 35 percent.

E.    Subject to the findings included in Section 10-1-641, when a developer seeks a Density Bonus, the City shall grant incentives or concessions listed in Section 10-1-641 as follows:

1.    One (1) incentive or concession for projects that include at least ten percent of the total units for low income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a condominium or Planned Development.

2.    Two (2) incentives or concessions for projects that include at least 20 percent of the total units for low income households, at least ten percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or Planned Development.

3.    Three (3) incentives or concessions for projects that include at least 30 percent of the total units for low income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or Planned Development.

F.    A Housing Development may be entitled to more than one (1) Density Bonus, but in no event can the total Density Bonus for any Housing Development exceed 35 percent. For example, if a Developer provides ten percent of the Housing Units for Low Income Households and an additional five percent Very Low Income, Developer shall be entitled to two (2) Density Bonuses. Multiple Density Bonuses will only be allowed where the affordable units are separately and independently counted; however, in any event, the maximum Density Bonus for any Housing Development is 35 percent.

G.    In accordance with state law, neither the granting of a concession or incentive nor the granting of a Density Bonus shall be interpreted, in and of itself, to require a General Plan Amendment, zoning change, or other discretionary approval.

H.    If the Director makes any of the findings set forth in Government Code Section 65915 (d)(1), the written findings shall be provided to the developer, who may within 20 days of the postmarked findings, appeal the decision to the City Council by providing a written request to the Director. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-50; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3255, 3150, 3139, 3058, 2725, 2640, 2616, 2529, 2387, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-636: LAND DONATION:

A.    When a developer of a Housing Development of five (5) or more dwelling units donates land to the City as provided for in this Section, the developer shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable Zoning Ordinance and land use element of the general plan for the entire development. For each one percent increase above the minimum ten percent land donation described in Subsection (B)(2) of this Section, the Density Bonus shall be increased by one percent, up to a maximum of 35 percent. This increase shall be in addition to any increase in density allowed by Section 10-1-635, up to a maximum combined Density Bonus of 35 percent if a developer seeks both the increase required pursuant to this Section and Section 10-1-635. When calculating the number of permitted Density Bonus Units, any calculations resulting in fractional units shall be rounded to the next larger integer.

B.    A Housing Development shall be eligible for the Density Bonus described in this Section if the City makes all of the following findings:

1.    The developer will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or other development application for the Housing Development.

2.    The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development, or will permit construction of a greater percentage of units if proposed by the developer.

3.    The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as very low income housing, and will, at the time of transfer or at the time of construction, be served by adequate public facilities and infrastructure at no cost to the City. The land must also be appropriately zoned and have the appropriate Development Standards to make the development of the very low income units feasible. No later than the date of approval of the final subdivision map, parcel map, or other development application for the Housing Development, the transferred land will have all of the permits and approvals, other than building permits, necessary for the development of the very low income Housing Units on the transferred land.

4.    The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this Division, which restriction will be recorded on the property at the time of dedication.

5.    The land will be transferred to the City, the Redevelopment Agency, or to a housing developer approved by the City.

C.    Denial of requested land donations can be appealed in accordance with Section 10-1-635(H). [Newly Added by Ord. No. 3693, eff. 5/6/06; Added by Ord. No. 3139; Formerly numbered Section 31-50.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-637: CHILD CARE FACILITIES:

A.    When a developer proposes to construct a Housing Development that includes Affordable Units as specified in Section 10-1-635 and includes a Child Care Facility that will be located on the premises of, as part of, or adjacent to the Housing Development, the City shall grant either of the following if requested by the developer:

1.    An additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Child Care Facility.

2.    An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility.

B.    A Housing Development shall be eligible for the Density Bonus or concession described in this Section if the City makes all of the following findings:

1.    The Child Care Facility will remain in operation for a period of time that is as long as or longer than the period of time during which the Affordable Units are required to remain affordable pursuant to Section 10-1-639 of this Division.

2.    Of the children who attend the Child Care Facility, the percentage of children of very low income households, low income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income households, low income households, or moderate income households.

C.    Notwithstanding any requirement of this Section, the City shall not be required to provide a Density Bonus or concession for a Child Care Facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities. [Newly Added by Ord. No. 3693; eff. 5/6/06; Formerly numbered Section 31-51; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676.]

10-1-638: CONDOMINIUM CONVERSIONS:

Any developer converting condominiums of a Housing Development of five (5) units or more who seeks a Density Bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act and this code and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by Planning Board or Council, shall automatically require an appeal of the underlying map to that body. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-52; Amended by Ord. No. 3640, eff. 7/10/04; 3633, 3491, 3488, 3267, 3200, 3181, 3159, 3157, 3150, 3145, 3120, 3109, 3058, 2915, 2598, 2416, 2194; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-639: AFFORDABILITY AND DEVELOPMENT STANDARDS:

A.    Affordable Units shall be constructed concurrently with Market Rate Units or pursuant to a schedule included in the Density Bonus Housing Agreement.

B.    Affordable Units offered for rent to for low income and very low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development. Affordable Units targeted to Low Income Households and/or Very Low Income Households will not meet the requirements for rental inclusionary units contained in Division 5 of this Article unless they remain restricted and affordable for 55 years pursuant to Section 10-1-651(C). The Director is authorized to execute the necessary agreement which shall be prepared by the City Attorney

C.    Affordable Units offered for sale to moderate income households in condominiums and Planned Developments shall be sold by the developer of the housing development at a price that does not exceed the Affordable Purchase Price. At the time of the sale of an Affordable Unit from the developer of the Housing Development to the initial purchaser, the purchaser shall execute a promissory note secured by a subordinate deed of trust in favor of the City. The promissory note shall require payment, upon resale of the unit, the difference between the market rate price of the Affordable Unit at time of the purchaser’s purchase of the Affordable Unit and the Affordable purchase price, and a proportionate share of the appreciation. Upon a resale, the seller of the unit shall retain the market value at the time of sale of any capital improvements made by the seller, the down payment, and the seller’s proportionate share of appreciation. The City’s proportion of the share of appreciation shall be equal to the percentage by which the Affordable Purchase Price was less than the fair market value of the Affordable Unit at the time of the initial sale.

D.    Affordable Units shall be built on site, and shall be dispersed within the housing development. The number of bedrooms of the Affordable Units shall be equivalent to the bedroom mix of the non-Affordable Units of the housing development, except that the developer may include a higher proportion of Affordable Units with more bedrooms. The design and appearance of the Affordable Units shall be compatible with the design of the overall housing development. Housing developments shall comply with all applicable Development Standards, except those which may be modified as provided by this Division.

E.    1. Upon the request of the developer, the City shall permit a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 10-1-635 at the following ratios:

a.    Zero to one (1) bedrooms: one (1) onsite parking space.

b.    Two (2) to three (3) bedrooms: two (2) onsite parking spaces.

c.    Four (4) and more bedrooms: two and one-half (2 1/2) parking spaces.

2.    If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section only, a housing development may provide “onsite parking” through tandem parking or uncovered parking, but not through on-street parking.

F.    The Director is authorized to execute the necessary agreement which shall be prepared by the City Attorney. The agreement shall set forth affordability restrictions and granted a concession and incentive once approved and appealed, if applicable. [Newly Added by Ord. No. 3693; eff. 5/6/06; Formerly numbered Section 31-53; Renumbered by Ord. No. 3058; Amended by Ord. No. 3587, eff. 11/3/01; 3190, 3017; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-640: DEVELOPMENT STANDARDS MODIFIED AS INCENTIVE OR CONCESSION:

A.    Incentives or concessions that may be requested pursuant to Section 10-1-635 and Section 10-1-637 may include the following:

1.    A reduction of site Development Standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901. of Division 13 of the California Health and Safety Code and which result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:

a.    Reduced minimum lot sizes and/or dimensions.

b.    Reduced minimum lot setbacks.

c.    Reduced minimum outdoor and/or private outdoor living area.

d.    Increased maximum lot coverage.

e.    Increased maximum building height and/or stories.

f.    Reduced minimum building separation requirements.

g.    Reduced street standards, such as reduced minimum street widths.

2.    Approval of mixed use zoning in conjunction with the Housing Development if non-residential land uses will reduce the cost of the Housing Development and if the City finds that the proposed non-residential uses are compatible with the Housing Development and with existing or Planned Development in the area where the proposed Housing Development will be located.

3.    Deferred development impact fees (e.g., capital facilities, parkland in-lieu, park facilities, fire, or traffic impact fees).

4.    Expedited processing of application.

5.    Incentives pursuant to an Inclusionary Housing Development Standard Ordinance in Title 10 including off-site construction of Affordable Units, provided that the necessary findings required under that Ordinance are made;

6.    Other regulatory incentives or concessions proposed by the Developer or the City which result in identifiable, financially sufficient, and actual cost reductions.

B.    Developers may seek a waiver or modification of Development Standards that will have the effect of precluding the construction of a Housing Development meeting the criteria of Section 10-1-635 at the densities or with the concessions or incentives permitted by this Division. The Developer shall show that the waiver or modification is necessary to make the Housing Development, with the Affordable Units, economically feasible.

C.    The Director shall establish implementing procedures or regulations to implement the provisions of this part, including application form requirements as well as the processing requests for certain concession and incentives (“Implementing Regulations”). The Regulations, and any substantive changes thereto, shall be subject to approval by the Council by resolution. The Implementing Regulations may provide more specific detail regarding the Incentives or Concessions that the City may grant pursuant to this Division. The Regulations shall provide a tiered approval process for the Incentives and Concessions based upon the level of review: administrative approval by the Director, approval by the Planning Board, or approval by the City Council. The Regulations shall establish which Incentives or Concessions require which tier of approval. The City Clerk shall maintain a copy of the current Implementing Regulations.

D.    If the Director makes any of the findings set forth in Government Code Section 65915(d)(1) or (e), the written finding shall be provided to developer who may within 20 days of the postmarked findings, appeal the decision to the City Council by providing a written request to the Director. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-54; renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-641: APPLICATION REQUIREMENTS AND REVIEW:

A.    An application for a Density Bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Division shall be submitted with the first application for approval of a Housing Development and processed concurrently with all other applications required for the Housing Development. To the extent feasible, a developer may submit its application for a Density Bonus and Incentives or Concessions with its Inclusionary Housing Plan in accordance with Division 14 of this Article in the event Division 14 is applicable to the Housing Development. The application shall be submitted on a form provided by the City Planner and shall include all information required on the Implementing Regulations. The Development Review (“DR”) Application shall be processed together with the concession and incentives and no DR shall be final until such concession and incentives have been final. Appeal of concession and incentives shall comply with DR appeal procedures.

B.    An application for a Density Bonus, Incentive or Concession, waiver, modification, or revised parking standard pursuant to this Division shall be considered by and acted upon by the approval body with authority to approve the Housing Development. Any decision regarding a Density Bonus, Incentive or Concession, waiver, modification, or revised parking standard may be appealed to the planning board and from the planning board to the City Council.

C.    Before approving an application for a Density Bonus, Incentive or Concession, or other waiver, or modification, the approval body, whether the Director, Planning Board, or Council, shall make the following findings:

1.    If the Density Bonus is based all or in part on donation of land, the findings included in Section 10-1-636.

2.    If the Density Bonus, incentive, or concession is based all or in part on the inclusion of a Child Care Facility, the findings included in Section 10-1-637.

3.    If the incentive or concession includes mixed use development, the finding included in Section 10-1-640.

4.    If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the Housing Development with the Affordable Units economically feasible.

D.    If a request for an Incentive or Concession is otherwise consistent with this Division, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:

1.    The concession or incentive is not required to provide for Affordable Rents or affordable ownership costs.

2.    The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

E.    If a request for a waiver or modification other than required Incentives or Concessions is otherwise consistent with this Division, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of one of the following:

1.    The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

2.    The additional waiver(s) or modification(s) would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

3.    The additional waiver(s) or modification(s) do not preclude the use of the Density Bonus and granted Incentives or Concessions.

F.    If a Density Bonus or Incentive or Concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the City already has adequate child care facilities. [Newly Added by Ord. No. 3693, eff. 5/6/06; [Formerly numbered Section 31-55; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3139, 3058, 2836, 2727, 2386, 2371; Deleted Ord. No. 3676, eff. 8/16/05.]

10-1-642: DENSITY BONUS HOUSING AGREEMENT:

A.    Developers requesting a Density Bonus shall agree to enter into a Density Bonus Housing Agreement with the City. A Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits for all Housing Developments pursuant to this Division and shall be recorded as a restriction on any parcels on which the Affordable Units or Density Bonus Units will be constructed.

B.    The Density Bonus Housing Agreement shall be recorded prior to final or parcel map approval, or, where the Housing Development does not include a map, prior to issuance of a building permit for any structure in the Housing Development. The Density Bonus Housing Agreement shall run with the land and bind on all future owners and successors in interest.

C.    The Density Bonus Housing Agreement shall include but not be limited to the following:

1.    The total number of units approved for the Housing Development, the number, location, and level of affordability of Affordable Units, and the number of Density Bonus Units.

2.    Standards for determining Affordable Rent or Affordable Ownership Cost for the Affordable Units.

3.    The location, unit size in square feet, and number of bedrooms of Affordable Units.

4.    Provisions to ensure affordability in accordance with Sections 10-1-639 of this Division.

5.    A schedule for completion and occupancy of Affordable Units in relation to construction of Market Rate Units.

6.    A description of any incentives, concessions, waivers, or reductions being provided by the City.

7.    A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

8.    Procedures for qualifying tenants and prospective purchasers of Affordable Units.

9.    Other provisions to ensure implementation and compliance with this Article.

D.    In the case of for-sale Housing Developments, the Density Bonus Housing Agreement shall include the following conditions governing the sale and use of Affordable Units during the applicable use restriction period:

1.    Affordable Units shall be owner-occupied by eligible moderate income households.

2.    The purchaser of each Affordable Unit shall execute an affordable housing agreement, inclusive of the promissory note and deed of trust described in Section 10-1-639 approved by the City and to be recorded against the parcel including such provisions as the City may require to ensure continued compliance with this Division.

E.    In the case of rental Housing Developments, the Density Bonus Housing Agreement shall provide for the following:

1.    Procedures for establishing Affordable Rent, filling vacancies, and maintaining Affordable Units for eligible tenants;

2.    Provisions requiring verification of household incomes.

3.    Provisions requiring maintenance of records to demonstrate compliance with this subsection.

F.    Density Bonus Housing Agreements for child care facilities and land dedication shall ensure continued compliance with all conditions included in Section 10-1-636 and 10-1-637, respectively. [Newly Added by Ord. No. 3693, eff. 5/6/06; Formerly numbered Section 31-56; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3255, 3150, 3139, 3058, 2725, 2683, 2640, 2616, 2588, 2529, 2387, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-643: AUTOMATIC INCORPORATION BY REFERENCE OF FUTURE AMENDMENTS TO THE STATE DENSITY BONUS LAW:

This Division implements Chapter 4.3, Density Bonuses and other incentives, Government Code Sections 65915-65918. In the event these sections are amended, those amended provisions shall be incorporated into this Division. Should any inconsistencies exist between the amended state law and the provisions set forth herein, the amended state law shall prevail. Until the Code is formally amended to eliminate any such inconsistencies, the City Planner shall maintain an explanation of all such amendments. A copy of that document shall further be available at the City Clerk’s Office. [Newly Added by Ord. No. 3693, eff. 5/6/06; Added by Ord. No. 3139; Formerly numbered Section 31-56.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/06.]

10-1-644: PURPOSE OF INCLUSIONARY ORDINANCE:

The purpose of provisions 10-1-644 through 10-1-655 (hereafter the “Inclusionary Ordinance”) is to:

A.    Encourage the development and availability of housing affordable to a broad range of households with varying income levels consistent with the City’s Housing Element.

B.    Increase the supply of affordable housing in conjunction with market rate housing development.

C.    Establish a regulatory tool to facilitate private sector development and/or financial support of affordable housing to supplement public sector programs.

Support the creation of mixed income developments and neighborhoods. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-57; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-645: APPLICABILITY:

A.    SIZE THRESHOLD.

An inclusionary requirement shall apply to all projects involving new construction of five (5) or more residential dwelling units, including units developed in commercial districts and/or within mixed use developments, Adaptive Reuse, or Substantial Rehabilitation involving a net increase in dwelling units.

B.    EXEMPTIONS.

This requirement shall not apply to projects which fall into one (1) or more of the following categories:

1.    Residential Developments for which an application for Development Review has been submitted prior to the effective date of this Division, as long as i) that application is determined to be completed by the City Planner, or their designee, which determination can occur before or after the effective date, ii) the subject Development Review application is approved and does not expire; iii) an application for plan check is submitted timely, and that the plan check application does not expire; and iv) a building permit is issued.

2.    Residential Developments with a valid Development Agreement prior to the effective date of this Division.

Residential Developments for which the Burbank Redevelopment Agency enters into a Redevelopment Agreement. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-58; Amended by Ord. No. 3640, eff. 7/10/04; 3633, 3491, 3488, 3267, 3200, 3181, 3159, 3157, 3150, 3145, 3120, 3109, 3058, 2915, 2598, 2416, 2194; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-646: INCLUSIONARY UNIT REQUIREMENT:

A.    CALCULATION.

At least 15 percent of all newly constructed dwelling units in Residential Developments shall be developed, offered to and sold or rented to Very Low, Low and Moderate Income Households, at an Affordable Rent or Affordable Ownership Housing Cost, as follows:

1.    For-sale projects - All Inclusionary Units 15 percent of the total Residential Development) shall be sold to Low and/or Moderate Income Households.

2.    Rental projects - A minimum of five percent of units in the total Residential Development shall be Very Low Income; the remaining ten percent of the units shall be Low Income.

In calculating the required number of Inclusionary Units, any decimal fraction shall be rounded up to the nearest whole number. Any additional units authorized as a density bonus under Section 10-1-635 of the Burbank Municipal Code will not be counted in determining the required number of Inclusionary Units.

B.    PHASE-IN OF REQUIREMENT.

For a period of six (6) months from the effective date of this Inclusionary Ordinance, for those Residential Developments that obtain a Discretionary Approval or, if no Discretionary Approval is required, obtain a building permit within that period, the inclusionary requirement is reduced to ten percent as follows:

1.    For-sale projects - Inclusionary Units shall be sold to Low and/or Moderate Income Households.

2.    Rental projects - A minimum of three percent of all the units shall be Very Low Income; the remaining seven percent of the units shall be Low Income.

C.    INCLUSIONARY CREDITS.

As a means of providing incentives to address the City’s goals for lower income and special needs housing, the Inclusionary Unit requirement set forth in this Section may be reduced as follows:

1.    If Very Low Income rental units are provided in lieu of required Low Income rental units, a credit of 1.25 units for every one (1) unit shall be provided.

2.    If Low Income owner units are provided in lieu of required Moderate Income owner units, a credit of two (2) units for every one (1) unit shall be provided.

3.    If a greater number of inclusionary rental or ownership units are provided for large families (three (3) or more bedrooms) than required by the project, or a fully accessible unit is provided for the physically disabled, a credit of 1.5 units for every one (1) unit shall be provided. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-59; Renumbered by Ord. No. 3058; Amended by Ord. No. 3587, eff. 11/3/01; 3190, 3017, 2194, 2193; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-647: ALTERNATIVES TO ON-SITE CONSTRUCTION:

On-site development of Inclusionary Units is the City’s preferred approach to achieving mixed income housing and compliance with this Division. Nonetheless, as a means of providing flexibility, the Developer may request one (1) or more of the following alternatives in lieu of including the Inclusionary Units within the Residential Development.

A.    OFF-SITE UNITS.

A Developer of a project with five (5) - nine (9) units may satisfy the requirement of providing Inclusionary Units as part of the Residential Development, in whole or in part, through new construction, Substantial Rehabilitation, or through Adaptive Reuse at a site different than the site of the Residential Development. A Developer of a project with ten (10) or more units may propose to meet the requirements of this Division by submitting a request for new construction, Substantial Rehabilitation, or Adaptive Reuse of the required Inclusionary Units off-site, subject to the discretion of the City Council.

1.    Site Suitability. As stipulated in the City’s Inclusionary Housing Implementing Regulations, the alternative site(s) proposed for the off-site Inclusionary Units must be suitable in size with the appropriate zoning in place to accommodate the same number and type of Inclusionary Units required. The parcel(s) must be served by the necessary infrastructure and be environmentally suitable for residential development.

2.    Standards for Off-Site Units. The proposed off-site Inclusionary Units may have a modified design standard from the base Residential Units in terms of size, appearance, materials and finished quality, but at a minimum, must be of a standard comparable to market rate units within the neighborhood where the off-site units are to be provided and be of a quality consistent with contemporary standards for new housing. The number of bedrooms provided in the Inclusionary Units must at a minimum be in the same proportion as the base Residential Development.

3.    Timing. Before or at the same time a Residential Development receives a building permit for all or any portion of the Residential Development, the off-site land shall have received all the necessary project-level approvals and/or entitlements necessary for development of the Inclusionary Units on such land. The Director may condition the certificate of occupancy (C of O) on the Residential Development with the C of O on the off-site Inclusionary Units. Alternatively, the Director may require the developer post a performance bond for the off-site units prior granting the C of O on the base Residential Development.

B.    LAND DONATION.

A Developer of a project with five (5) - nine (9) units may satisfy the requirement of providing Inclusionary Units as part of the Residential Development, in whole or in part, by a conveyance of land to the City for the construction of the required Inclusionary Units. A Developer of a project with ten (10) or more units may propose to meet the requirements of this Division by submitting a request to convey land for construction of the required Inclusionary Units, subject to the discretion of the City Council. The proposed land donation must be of equivalent or greater value than is produced by applying the City’s current In-Lieu Fee to the Developer’s inclusionary obligation as determined by a certified City appraisal paid for by the applicant.

1.    Site Suitability. Standards for site suitability under conveyance of land shall be the same as those specified for the off-site construction option. The site must have the appropriate general plan and zoning designations to accommodate at least the same number of Inclusionary Units required, and must be served by the necessary infrastructure and be environmentally suitable for residential development. All property taxes and special taxes must be current before the title is conveyed to the City or other person designated by the City Council.

2.    Number of Inclusionary Units to be Credited. The number of Inclusionary Units credited to the property to be conveyed shall consist of the number of Inclusionary Units which can reasonably be developed on the land given: i) the mix of Inclusionary Unit sizes and type of structure; ii) densities permitted under applicable planning and zoning designations; and iii) site, infrastructure, environmental and other physical and planning constraints.

3.    Timing. No later than the date of approval of the final subdivision map, parcel map, or other development application for the Residential Development, the transferred land will have all the permits and approvals, other than building permits, necessary for development of the required Inclusionary Units on the transferred land. Title to the land shall be conveyed to the City or other person designated by the City Council before a building permit is issued for all or any portion of the Residential Development.

C.    IN LIEU FEE.

A Developer may pay a fee in lieu of all of the Inclusionary Units in that amount set forth in the Fee Resolution, and as amended from time to time. The fee shall be paid prior to the issuance of a building permit or any other permit or approval to begin work on the project. This includes, but is not limited to, the following permits: demolition, grading, excavation, and encroachment. The initial fee amount is calculated based upon the in-lieu fee structure for rental projects. For ownership projects, once the final maps are approved by City Council, in-lieu fees are re-calculated at the ownership rate and the balance refunded to the applicant. The fees collected shall be deposited in the Affordable Housing Fund, described in Section 10-1-648. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-60; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05; Amended by Ord. No. 3760, eff. 5/22/09.]

10-1-648: AFFORDABLE HOUSING FUND:

A.    HOUSING FUND.

There is hereby established a separate Affordable Housing Fund (“Fund”). This Fund shall receive all in-lieu housing fees contributed under Section 10-1-647 and may also receive monies from other sources.

B.    PURPOSE AND LIMITATIONS.

Monies deposited in the Fund must be used to increase and improve the supply of housing affordable to Very Low, Low and Moderate Income Households in the City. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this Section.

C.    IMPLEMENTATION.

The Director may develop procedures to implement the purposes of the Fund consistent with the requirements of this Division and any adopted budget of the City.

D.    EXPENDITURES.

Fund monies shall be used in accordance with City’s Housing Element, Redevelopment Plan, or subsequent plan adopted by the City Council to construct, rehabilitate or subsidize affordable housing or assist other governmental entities, private organizations or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases or other public-private partnership arrangements. The Fund may be used for the benefit of both rental and owner-occupied housing. [Newly Added by Ord. No. 3694; eff. 5/6/06; Formerly numbered Section 31-61; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3139, 3058, 2727, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-649: AFFORDABLE HOUSING INCENTIVES:

In order to offset the potential costs and/or other impacts associated with provision of Inclusionary Units, the Developer may request various affordable housing incentives to provide the Inclusionary Units On-Site. The Council has adopted Implementing Regulations in conjunction with this ordinance that identifies the various incentives offered and the process to obtain those incentives. The Implementing Regulations are on file with the City Clerk and the City Planner. The Developer may request one (1) or more of incentives subject to the discretion of the City. Approval authority for the granting of incentives is broken down into three (3) tiers based on the level of discretion required: Administrative, Planning Board, or City Council (refer to Implementing Regulations for further detail on incentives). If a waiver or modification is requested, the Developer must provide a Pro Forma analysis to show the waiver or modification is necessary to make the Residential Development with the affordable units economically feasible. When an incentive is requested that requires Planning Board or City Council approval, that body shall also have the authority to hear an automatic appeal of the Development Review application. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-62; Amended by Ord. No. 3535, eff. 1/29/00; 3439, 3255, 3150, 3139, 3058, 2752, 2725, 2640, 2616, 2588, 2387, 2386, 2371; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-650: COMPLIANCE PROCEDURES:

A.    GENERAL.

Approval of an Inclusionary Housing application in accordance with the Implementing Regulations and implementation of an approved Inclusionary Housing Agreement is a condition of approval of any Discretionary Approval or building permit for any Development for which this Division applies.

B.    INCLUSIONARY HOUSING PLAN.

Concurrent with the Developer’s first application for a Discretionary Approval for a Residential Development, the Developer shall submit to the Director an Inclusionary Housing Plan for review and approval. No Discretionary Approval shall be granted without submission of the Inclusionary Housing Plan.

1.    Contents of Inclusionary Housing Plan. The Inclusionary Housing Plan shall contain the following information:

i.    A brief description of the Residential Development including the number of Market Rate and Inclusionary Units proposed, the basis for the calculation of the number of Inclusionary Units, and whether the Development is seeking a density bonus.

ii.    The unit mix, location, structure type, and size of the Market Rate and Inclusionary Units, and whether the Residential Development is an ownership or rental project. A floor plan depicting the location of the Inclusionary Units shall be provided.

iii.    The income level of the Inclusionary Units.

iv.    In the event the Developer proposes a phased project, a phasing plan that provides for the timely development of the Inclusionary Units as the Residential Development is built out. The phasing plan shall provide for development of the Inclusionary Units concurrently with the Market Rate Units.

v.    A description of the specific incentives being requested of the City, and supporting Pro Forma analysis demonstrating these incentives are necessary to make the Residential Development with the affordable units economically feasible.

vi.    If conveyance of land or an off-site Inclusionary Unit alternative is proposed, information necessary to establish compliance with Section 10-1-690 of the Ordinance.

vii.    Any other information reasonably requested by the Director to assist with evaluation of the Plan under the standards of this Division.

2.    Review and Approval of Plan. The Director shall approve, conditionally approve or reject the Inclusionary Housing Plan within a reasonable time after the date of a complete application for that approval. If the Inclusionary Housing Plan is incomplete, the Inclusionary Housing Plan will be returned to the Developer along with a list of the deficiencies or the information required. At any time during the review process, the Director may require from the Developer additional information reasonably necessary to clarify and supplement the application or determine the consistency of the proposed Inclusionary Housing Plan with the requirements of this Division.

C.    INCLUSIONARY HOUSING AGREEMENT.

Except for those cases where the requirements of this Division are satisfied by payment of an In-Lieu Fee or the conveyance of land to the City, all Developers whose projects are not exempt from this Division shall enter into an Inclusionary Housing Agreement with the City. The Director is hereby authorized to execute the Inclusionary Housing Agreement on behalf of the City. No building permit shall be issued for all or any portion of the Residential Development unless the Inclusionary Housing Agreement has been executed in a recordable form in accordance with the Implementing Regulations.

1.    Contents of Inclusionary Housing Agreement. The Inclusionary Housing Agreement must include, at a minimum, the following information:

i.    Description of the development, including whether the Inclusionary Units will be rented or owner-occupied.

ii.    The number, size and location of Very Low, Low or Moderate Income Units.

iii.    Inclusionary incentives by the City (if any), including the nature and amount of any local public funding.

iv.    Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions.

v.    Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident households for income eligibility.

vi.    Any additional requirements requested by the Director relevant to compliance with this Division.

2.    Recording of Agreement. Inclusionary Housing Agreements that are acceptable to the Director must be recorded against owner-occupied Inclusionary Units and residential projects containing rental Inclusionary Units. Additional rental or resale restrictions, deeds of trust, rights of first refusal and/or other documents acceptable to the Director must also be recorded against owner-occupied Inclusionary Units. In cases where the requirements of this Division are satisfied through the development of Off-Site Units, the Inclusionary Housing Agreement must simultaneously be recorded against the property where the Off-Site Units are to be developed. [Newly Added by Ord. No. 3694, eff. 5/6/06; Added by Ord. No. 3139; Formerly numbered Section 31-62.1; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-651: STANDARDS FOR INCLUSIONARY UNITS:

Inclusionary Units built under this Division must conform to the following standards:

A.    DESIGN.

Except as otherwise provided in this Division, Inclusionary Units must be dispersed throughout a Residential Development and be comparable in construction quality and exterior design to the Market-rate Units. Inclusionary Units may be smaller in aggregate size and have different interior finishes and features than Market-rate Units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing. The number of bedrooms must at a minimum be the same as those in the Market-rate Units and at the same percentage.

B.    TIMING.

All Inclusionary Units must be constructed and occupied concurrently with or prior to the construction and occupancy of Market-rate Units. In phased developments, Inclusionary Units must be constructed and occupied in proportion to the number of units in each phase of the Residential Development.

C.    DURATION OF AFFORDABILITY REQUIREMENT.

Inclusionary Units shall be reserved for Very Low, Low and Moderate Income Households at the ratios established pursuant to Section 10-1-646, and shall be provided at the applicable Affordable Rent or Affordable Ownership Housing Cost.

1.    An Inclusionary Unit that is for rent shall remain reserved for the target income level group at the applicable Affordable Rent in perpetuity for as long as the land is used for housing, which shall be less than 55 years.

2.    An Inclusionary Unit that is for sale shall remain reserved for the target income level group at the applicable Affordable Ownership Housing Cost in perpetuity for as long as the land is used for housing, which shall be not less than 55 years, subject to the City provisions for earlier termination set forth in the Inclusionary Housing Agreement. Purchasers of affordable units must remain as owner-occupants, and may not rent out the unit. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-63; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-652: PERIODIC REVIEW:

The Housing In-Lieu Fee and inclusionary requirements authorized by this Division and Implementing Regulations shall be re-evaluated at a minimum every year and a report shall be provided to Council. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-64; Amended by Ord. No. 3640, eff. 7/10/04; 3633, 3491, 3488, 3267, 3200, 3181, 3159, 3157, 3150, 3145, 3120, 3109, 3058, 2915, 2598, 2416, 2194; Deleted by Ord. No. 3676, eff. 8/16/05.]

10-1-653: FINAL DECISION:

No decision issued under the Inclusionary Ordinance is final unless appealed to the City Council. The developer may file a request for Council appeal by filing a written letter to the Director requesting Council appeal within 15 days of the action. A developer of any project subject to the requirements of this Inclusionary Ordinance, may appeal to the City Council for a reduction adjustment, or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement. [Newly Added by Ord. No. 3694, eff. 5/6/06; Formerly numbered Section 31-65; Renumbered by Ord. No. 3058; Amended by Ord. No. 3587, eff. 11/3/01; 3190, 3017, 2930, 2194, 2193; Deleted by Ord. No. 3676, eff. 8/16/05.]

Division 6. Division Number Reserved

Division 7. Division Number Reserved

DIVISION 8. PLANNED RESIDENTIAL DEVELOPMENTS

10-1-654: PURPOSE:

The purpose of a Planned Residential Development is to provide for greater flexibility in the design of integrated residential developments than would otherwise be possible through strict application of the zoning provisions, thereby encouraging well-planned facilities which offer a variety of housing and amenities with more efficient allocation and maintenance of open space and public facilities through creative and imaginative planning. [Formerly numbered Section 31-66; Renumbered by Ord. No. 3058, eff. 2/21/87; 2194.]

10-1-655: USES AUTHORIZED:

A Planned Residential Development may provide for a variety of housing types and their accessory uses but shall not contain any commercial, industrial, or other prohibited nonresidential use. [Formerly numbered Section 31-67; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-656: SUBDIVISION OF LAND, ETC.:

If a Planned Residential Development requires subdividing of land under Title 11 of this Code, or reversion to acreage, no Conditional Use Permit shall be granted for such development without the approval or conditional approval of a tentative or parcel map and the Conditional Use Permit shall be conditioned upon approval of the final map or compliance with the conditions of the parcel map or reversion to acreage. Proceedings for the Conditional Use Permit and subdivision or reversion to acreage may be processed concurrently. [Formerly numbered Section 31-68; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-657: DEVELOPMENT REVIEW:

All applications for a Planned Residential Development shall be subject to Development Review as provided in Division 2, Article 19 of this chapter. [Formerly numbered Section 31-69; Renumbered by Ord. No. 3058; Amended by Ord. No. 3190, eff. 5/26/90.]

10-1-658: FINDINGS ON DEVELOPMENT REVIEW:

In addition to the findings required for Development Review approval as provided for in Division 2, Article 19 of this chapter, and in the Director’s report on the issuance of a Conditional Use Permit required by Section 10-1-1943 of this Code, they shall determine whether:

1.    Adequate useable open-space has been provided;

2.    Adequate arrangements have been made to maintain the open-space;

3.    Adequate means of ingress and egress have been provided; and

4.    The units are so arranged that traffic congestion will be avoided, pedestrian and vehicular safety and welfare will be protected, and there will be no adverse affect on surrounding property. [Formerly numbered Section 31-70; Renumbered by Ord. No. 3058; Amended by Ord. No. 3190, eff. 5/26/90; 3017, 2930, 2194, 2193.]

10-1-659: STANDARDS FOR APPROVAL:

A Conditional Use Permit for a Planned Residential Development shall not be granted unless the proposed development meets the following standards:

A.    MINIMUM AREA.

The site contains a minimum of five (5) acres.

B.    DESIGN.

The proposed development is designed to provide overall standards of open space, circulation, off-street parking and other conditions in such a way as to form a harmonious, integrated project of sufficient unity to justify exceptions to the normal regulations of this chapter.

C.    DENSITY.

The density standards of the zone in which the property is located will be followed; or the proposed design will provide greater open space and other desirable features not required in the zone, but in no case shall the density be increased beyond ten percent of the maximum density permitted in the zone.

D.    TOTAL GROUND AREA OCCUPIED.

The total ground area occupied by structures shall not exceed 50 percent of the total ground area of the development unless previous development in the neighborhood has greater ground coverage, in which case the ground coverage of buildings and structures may be increased to correspond with average coverage in the neighborhood.

E.    FRONT YARDS.

Where the entire block frontage in a Planned Residential Development is designed and developed as a unit, the front yard requirements may be varied provided that the average front yard depth for the entire block frontage is not less than that required in the zone. [Formerly numbered Section 31-71; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3676, eff. 8/16/05.]

10-1-660: OWNERSHIP AND MAINTENANCE OF OPEN SPACE:

A Planned Residential Development shall be subject to the following requirements:

A.    OWNERSHIP OF COMMON OPEN SPACE.

The landowner shall provide for common open space necessary to insure its continuity and conservation and shall provide for and establish an organization for the ownership and maintenance of such common open space. Such organization shall not be dissolved, nor shall it dispose of any common open space without first offering to dedicate such space to the City.

B.    MAINTENANCE OF COMMON OPEN SPACE.

If common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the City, the Council may cause notice to be served upon such organization or upon residents of the Planned Residential Development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that the deficiencies be cured within 30 days and shall set a date, time and place of a hearing. At the hearing, the Council may extend the time for compliance. If the deficiencies are not cured within the time allowed, the Council, in order to preserve the taxable values of the Planned Residential Development and to prevent common open space from becoming a public nuisance, may enter upon the common open space and maintain it. The cost of such maintenance shall be assessed ratably against those properties within the Planned Residential Development that have a right to enjoy the common open space and shall become a tax lien on such properties. At the time the City enters upon the common open space, the City Treasurer shall file a notice of lien in the office of the County Recorder upon the properties affected by the lien. [Formerly numbered Section 31-72; Renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 9. NEWLY CONSTRUCTED RESIDENTIAL CONDOMINIUMS

[Added by Ord. No. 2725, eff. 6/25/79.]

(NO SECTIONS ADDED)

DIVISION 10. RESIDENTIAL CONDOMINIUM CONVERSIONS, COMMUNITY APARTMENT OR STOCK COOPERATIVE PROJECTS

10-1-661: PURPOSE:

The purpose of this division is to establish standards, criteria, regulations and definitions in addition to the requirements of Title 11 of this Code relating to subdivisions as follows:

A.    To ensure that residential rental units being converted to condominiums, community apartment or stock cooperative projects meet reasonable physical standards as required by this chapter and building codes of the City in effect at the time of conversion.

B.    To help mitigate the impact of eviction for residents of rental units being converted to condominiums, community apartment or stock cooperative projects.

C.    To promote the concept of home ownership and to bring a greater amount of owner-occupied housing on the market affordable by all economic segments of the community, thus encouraging participation in the various economic and social benefits associated with home ownership. [Added by Ord. No. 2725; Formerly numbered Section 31-74; Renumbered by Ord. No. 3058, eff. 2/21/87; 2830.]

10-1-662: DEFINITIONS:

CONDOMINIUM: As used in this division, CONDOMINIUM is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building constructed originally on such real property as an apartment for occupancy by a tenant or tenants pursuant to a rental or lease agreement. Such estate may, with respect to the duration of its enjoyment, be either 1) an estate of inheritance or perpetual estate, 2) an estate for life, or 3) an estate for years, such as leasehold or a subleasehold.

CC&Rs: As used in this division, CC&Rs shall mean the declaration of covenants, conditions and restrictions required by State law.

ASSOCIATION: As used in this division, ASSOCIATION means an organization composed of condominium owners.

COMMUNITY APARTMENT PROJECT: As used in this division, a COMMUNITY APARTMENT PROJECT is one in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

STOCK COOPERATIVE PROJECT: As used in this division, a STOCK COOPERATIVE is a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy. The term “STOCK COOPERATIVE” does not include a limited-equity housing cooperative, as defined in Section 11003.4 of the Business and Professions Code.

DISABLED TENANT: As used in this division, DISABLED TENANT shall incorporate that definition of DISABLED PERSON set forth in the California Vehicle Code Section 295.5. [Added by Ord. No. 2725; Formerly numbered Section 31-74.1; Amended by Ord. No. 3255, eff. 7/13/91; 3058, 2830.]

10-1-663: ADMINISTRATIVE USE PERMIT REQUIRED:

No tentative tract or parcel map for a residential condominium conversion, community apartment or a stock cooperative project shall be approved or conditionally approved unless the subdivider secures an Administrative Use Permit for such project. The time requirements specified in Section 10-1-1959(A) and (B) shall be extended to 50 days to permit the Director to investigate and render a proposed decision concurrently with the processing of the map pursuant to Section 11-1-321 et seq. of this Code. [Added by Ord. No. 2725; Formerly numbered Section 31-74.2; Amended by Ord. No. 3255, eff. 7/13/91; 3174, 3058, 3030, 2830.]

10-1-664: APPLICATION FOR ADMINISTRATIVE USE PERMIT:

The application for an Administrative Use Permit for a residential condominium conversion, community apartment, or a stock cooperative project shall include the following information in copies which are necessary for the Director to evaluate the project:

A.    A property report describing the condition and estimating the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: foundations, exterior walls, fire walls, roof, stairways and exits, interior insulation (sound and thermal), exterior insulation (sound and thermal), light and ventilation, plumbing, electrical, heating and air conditioning, fire and earthquake safety provisions, security provisions, interior common or public areas, landscaping, and trash control. Such report shall be prepared by an appropriately licensed civil engineer or an architect registered in the State, and shall contain recommendations for the correction or improvement of any deficiencies noted.

B.    Tenant and rental information shall consist of the following: name and address of each tenant of the project and the identification of any vacant units; copies of each letter sent to each tenant as required in Section 10-1-668(A) and (B); present rent for each unit; length of lease for each unit and the expiration date of each lease agreement; and the estimated price range of each units as a condominium.

C.    Schedule of proposed improvements which may be made to the project prior to their sale.

D.    A plot plan of the project including the location and sizes of structures, parking layout and access areas.

E.    Such other information which the Director determines is necessary to evaluate the project. [Added by Ord. No. 2725; Formerly numbered Section 31-74.3; Amended by Ord. No. 3255, eff. 7/13/91; 3208, 3058, 2930, 2830.]

10-1-665: FEE:

Upon submission of an Administrative Use Permit for condominium conversion, community apartment or stock cooperative project, the subdivider shall pay the fee designated in the Burbank Fee Resolution. [Added by Ord. No. 2725; Formerly numbered Section 31-74.4; Amended by Ord. No. 3255, eff. 7/13/91; 3208, 3058, 2830.]

10-1-666: INSPECTIONS:

Upon receipt of the application for an Administrative Use Permit to convert and the application for a subdivision:

A.    The Director shall submit copies of applicable reports, maps and documents to the Building Department, Fire Department and other departments as found necessary.

B.    The Building Director shall review the property report submitted by the subdivider and may require its revision or resubmission if it is found to be inadequate in providing the required information.

C.    The Building Director shall also cause an inspection to be made of all buildings and structures in the existing development and shall prepare an inspection report identifying all items to be found to be in violation of the City’s current Building and Housing Code requirements, or items found to be hazardous.

D.    The Fire Chief shall cause an inspection to be made of said project to determine the sufficiency of fire protection systems serving the project and report on any deficiencies and indicate which deficiencies are required to be corrected by law.

All of the reports required or referred to in this section shall be prepared in time for submission to the Director for their review and consideration of the Administrative Use Permit. [Added by Ord. No. 2725; Formerly numbered Section 31-74.5; Amended by Ord. No. 3255, eff. 7/13/91; 3058, 2930, 2830.]

10-1-667: CORRECTION OF DEFICIENCIES:

A.    The subdivider shall:

1.    Correct all violations of the Building and Housing Code and repair or replace any fixtures, appliances, equipment, facilities and structural appurtenances determined to be deteriorated or hazardous.

2.    Correct any deficiencies in the fire protection system as required by law.

3.    Repair or replace any damaged or infested areas in need of repair or replacement as shown in a structural pest control report, to be prepared by a licensed structural pest control operator and filed at least 30 days prior to the submittal of the final map.

4.    Dedicate any additional width of the public right-of-way of the street(s) abutting the property as required by the Public Works Director and in conformance with the minimum standard of the Circulation Element of the General Plan as set forth in Appendix A thereof.

B.    To the greatest extent practicable from the standpoint of financial feasibility all deficiencies noted in the property report required by Section 10-1-664 of this division shall be corrected prior to consideration of the final map. [Added by Ord. No. 2725; Formerly numbered Section 31-74.6; Amended by Ord. No. 3208, eff. 11/10/90; 3058, 2830.]

10-1-668: TENANTS’ RIGHTS:

A.    Commencing at a date not less than 60 days prior to submittal of the tentative tract map, and continuing thereafter until such time as units are offered for sale, the owner or subdivider shall give written notice of the intent to convert and the rights set forth in Subsections (C) through (G) of this section, to each person applying after such date for rental of a unit in the subject property immediately prior to acceptance of any rent or deposit from the prospective tenant. Proof of such notification and acceptance of same by the prospective tenant shall immediately be filed with the City Planner. Failure by the owner or subdivider to notify each prospective tenant who becomes a tenant and was entitled to such notice and who does not purchase their unit, shall require the owner or subdivider to pay to the affected tenant a relocation payment of two thousand five hundred dollars ($2,500).

B.    At least 60 days prior to submittal of the tentative tract map and application to the City for processing, the owner or subdivider shall send a letter to each and every tenant in the building to be converted, which letter shall advise the tenants of all rights set forth in Subsections (C) through (G) of this section. Said letter shall be served on the tenants by certified mail. At the time of tentative tract filing, the owner or subdivider shall file with the City a true copy of the letter sent to all tenants, proof of mailing, and a duly signed and notarized written statement that the required letter has been sent.

C.    The Director shall notify in writing each affected tenant concerning the Notice of Director’s proposed decision regarding the application for conversion in accordance with Section 10-1-1959 of this Code.

D.    The subdivider shall give each tenant a minimum of 180 days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion.

E.    The present tenant or tenants of any unit to be converted shall be given an exclusive right to contract to purchase the unit occupied at a price no greater than the price, and with terms no less favorable than the terms offered to the general public. Such right shall be irrevocable for a period of 90 days after the issuance of the final public report by the California Department of Real Estate unless the tenant gives prior written notice of intention not to exercise the right.

F.    The subdivider shall pay to the tenants whose name appears on the Administrative Use Permit application, as required by Section 10-1-664(D), and who move as a result of having received the notice required by Section 10-1-668(B), a total of two thousand five hundred dollars ($2,500) per unit. If more than one (1) tenant occupies a unit being converted to condominium, each tenant shall receive a pro rata share of the relocation benefit. This financial relocation assistance requirement shall not apply to the benefit of tenants who were given written notice of the landlord’s intent to convert when the respective rental agreements or leases were signed.

Failure to record a final subdivision map within the time allowed by this Code and the Subdivision Map Act, including all allowable time extensions, shall terminate all proceedings. Before a tentative subdivision map may thereafter be refiled, the application for a new Administrative Use Permit and tentative map shall be accompanied by an application fee equal to the sum which is double the application fees required for original applications.

G.    Any rent increase above the Housing and Urban Development (HUD) Department’s Guidelines occurring in the year prior to the relocation of a tenant and arising out of or caused by approval of a tentative tract map or tentative parcel map for conversion shall be refunded to the tenant who paid such excess.

If a final subdivision map has not been recorded within three and one-half (3 1/2) years after the date of approval of a tentative tract map, and two (2) years for a tentative parcel map, and reapplication has been filed within one (1) year from the tentative map expiration date, then all tenants who lived in the structure being subdivided, and who continue to live in a rental unit of said structure shall thereafter be eligible for the financial relocation assistance required by this section, regardless of the reason for ineligibility prior thereto.

H.    Each disabled tenant whose name appears on the Administrative Use Permit application, as required by Section 10-1-664(F), and who moves as a result of having received the notice required by Section 10-1-668(B), shall submit to the Community Development Director a report from a licensed occupational therapist or physician listing the accessibility improvements needed as a result of the tenant’s orthopedic or physical disability.

The subdivider shall be responsible for funding mobility improvements in the disabled tenant’s new dwelling unit. These improvements shall be chosen by the tenant from those listed in the submitted report. The cost of said chosen improvements shall not exceed a total of $2,500 for all disabled tenants in any unit. These costs are in addition to the relocation payments required in Section 10-1-668(F). If more than one (1) disabled tenant occupies a unit being converted, the subdivider shall divide the mobility improvement benefit established in this section equally among the disabled tenants.

The mobility improvements are limited to those listed in, and must comply with, California Administrative Code Title 24, Sections 2-110A(b)9, 2-511(a), 2-522(a), 2-1214, 2-3301, 2-3304, 2-3305, 2-3306, 2-3307, 2-3325, 2-3326, 3-089-8(b)9, 3-210-50(e), 3-380-8(c), 5-008(b)(9), 5-1501, 5-1502, 5-1504(a), 5-1505, 5-1506 and 5-1508.

The subdivider shall submit to the Community Development Director a contract itemizing the mobility improvements to be made to the disabled tenant’s new dwelling, the cost of these improvements, and the name, address and business license number of the contractor to perform the work. All work contracts for mobility improvements which will be applied toward the $2,500 obligation set forth in this subsection shall be approved by the Community Development Director. The Community Development Director may reject the contract for reasons including, but not limited to, unreasonably high costs for repairs. [Added by Ord. No. 2725; Formerly numbered Section 31-74.7; Amended by Ord. No. 3255, eff. 7/13/91; 3208, 3058, 2930, 2830.]

10-1-669: MINIMUM STANDARDS FOR CONVERSION:

Conversions shall meet the following minimum standards:

A.    DEVELOPMENT STANDARDS. All condominium conversions must comply with the standards in Section 10-1-629.

B.    BUILDING STANDARDS.

1.    All buildings proposed for conversion shall meet current City Building, Housing and Fire Codes including, but not limited to, sound attenuation with respect to party walls and floor/ceiling assemblies. The State mandated energy conservation regulation for R-11 insulation for exterior walls on new construction shall be exempt for conversion purposes.

2.    The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. The requirements of this subsection may be waived when the City Planning Board and/or the City Council finds that such would not be practicable or would be cost prohibitive. [Added by Ord. No. 2725; Formerly numbered Section 31-74.8; Amended by Ord. No. 3676, eff. 8/16/05; 3255, 3058, 2830.]

10-1-670: DECLARATION OF PROJECT ELEMENTS, AND COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs):

To achieve the purposes of this division, the subdivider shall provide a copy of the CC&Rs proposed to be recorded as required by State law, together with any and all documents required and relating to the items regulated by this division, prior to the filing of the final map pursuant to the provisions of Title 11 of this Code.

Once the CC&Rs are accepted in final form by the Director none of the portions of the CC&Rs relating to items regulated by this section shall be amended, modified or changed without first obtaining written consent of the Director, and a statement to that effect shall be included at the end of the CC&Rs.

A.    ASSIGNMENT OR CONVEYANCE OF PRIVATE STORAGE AREAS.

The surface and appurtenant airspace of private storage areas required by Section 10-1-669(C) of this division, shall be described in the CC&Rs and conveyed to its respective unit.

B.    ASSIGNMENT AND USE OF REQUIRED OFF-STREET PARKING SPACES.

Required off-street parking spaces, except guest parking spaces, if any, shall be permanently and irrevocably assigned to particular units within the project. In no case shall the private storage area of one (1) unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner’s unit. All parking spaces shall be used solely for the purposes of parking motor vehicles as defined by the State Vehicle Code. No parking space shall be used by, rented or leased to any person except in conjunction with the occupancy of a unit within the project. [Added by Ord. No. 2725; Formerly numbered Section 31-74.9; Renumbered by Ord. No. 3058, eff. 2/21/87; 2930, 2830.]

10-1-670.1: ESCROW ACCOUNTS:

A.    The subdivider shall establish an escrow account for disabled tenants mobility improvement costs required in Section 10-1-668(F) in an institution described in Subsection (B) below. This subdivider shall bear all costs associated with the use of this account.

B.    The subdivider may place the escrow account in any bank, savings and loan association, or credit union with federal deposit insurance; with any broker licensed by the California Real Estate Commission; or with any escrow service licensed by the California Corporation Commission, that is reasonably accessible to the tenant(s) during normal business hours.

C.    Escrow instructions must provide for disbursement for actual expenses incurred at completion of construction of mobility improvements mandated by Section 10-1-668(F), upon approval by the Community Development Director; any excess funds to be returned to the subdivider upon completion of said improvements; and the dispute resolution process established in Section 10-1-670.2. The tenant(s) shall receive a copy of all escrow documents.

D.    The escrow shall provide for disbursements only to those contractors approved by the Community Development Director. The escrow may also provide that the escrow holder verify that the expense has been paid or that the agreement to incur an expense has been entered into by the party(s) named in the agreement. In no case may payments be made directly to the tenant.

E.    All payments from escrow must be made within three (3) working days after receiving notice of approval from the Community Development Director.

F.    In addition to the above, the escrow must also include:

1.    The names of each tenant in a unit, their mailing address, the pro rata share to each, and if possible a telephone number(s);

2.    A statement that the subdivider and the escrow company indemnify and hold harmless from all liability the City, its officers, employees, or hearing officers selected by the Department, who act in good faith and with proper authority when authorizing disbursements from the escrow account;

3.    Instructions that a copy of the escrow agreement and all instructions from the subdivider to the institution holding the escrow account, as well as copies of all documents required by these guidelines, and documentation of mobility improvement expenses paid directly to any third party, must be sent by the institution holding the escrow account to the tenants. The costs of reproducing documents and the cost of mailing documents cannot be charged against the tenant’s $2,500 benefit. Costs of this kind must be borne by the subdivider establishing the escrow account, and the institution setting up the escrow account should establish a fee sufficient to cover such costs. [Added by Ord. No. 3255, eff. 7/13/91.]

10-1-670.2: ESCROW ACCOUNT DISPUTES:

A.    The escrow must contain a dispute resolution procedure that provides that the release of funds made or to be made to a third party constructing the improvements and contested by the tenant or the owner of the tenant’s new dwelling unit or by the party constructing the improvements will be determined solely by the Community Development Director. The dispute resolution procedure must provide that in the event of a dispute between the tenant and the escrow, involving the disbursement of funds as required in Section 10-1-670.1(C) through (F), the escrow holder at the request of the tenant(s) must inform the Community Development Director and the tenant(s) in writing that a dispute exists, the reason for the dispute and the amount in dispute within five (5) working days of receiving a request for payment. The procedure must also provide that the disputing party(s) have three (3) working days to rescind the dispute notice in writing.

B.    Dispute notices must be sent by registered mail or delivered to the Community Development Director, 275 East Olive Avenue, Burbank, CA 91502, on the fifth working day following presentation of the dispute notice to the opposing party. A copy of the escrow instructions must accompany the notice.

C.    All remaining funds which are not disputed expenses are subject to the escrow instructions. Provision must be made in the escrow dispute resolution procedures for setting aside the disputed amount so that it is not subject to any other disbursements.

D.    Within five (5) working days of receipt of a dispute notice, the Department will contact the disputing parties to investigate.

E.    Within eight (8) working days after receipt of a dispute notice, the Department will mail to the disputing parties a notice detailing the instruction(s) the Department intends to issue to the escrow holder. The Department may only order the funds in dispute to be paid or to remain in escrow. Disputes involving matters other than those contained in Subsection (C) through (F) must be resolved between the parties in another forum.

F.    Any party to the dispute may appeal the Department’s determination within five (5) days after the notice of intent is sent. An appeal must be served on the Department and the opposite party to the dispute within the five (5) day period. The appeal must state why the appellant believes the Department’s determination is in error.

G.    The final determination of the funds in dispute will be made by the City Landlord-Tenant Commission.

H.    The appealing party may rescind in writing the appeal prior to the scheduled meeting date. If the appeal is rescinded, the Department’s original determination will be carried out by the escrow holder, upon notification of a final determination by the Commission.

I.    There is no fee for filing an appeal from the Commission’s decision to authorize or not authorize a disbursement from an escrow account.

J.    The Commission will set a meeting date at the next regular meeting scheduled after receipt of the notice of appeal. The escrow holder and the tenant shall be notified by the Commission of the time and place of the meeting not later than ten (10) business days prior to the scheduled meeting.

K.    The meeting will be conducted by the Commission. Both the escrow officer and the tenant may submit documents, testimony, written declarations or other evidence, all of which shall be submitted under oath. If neither party appears at the meeting, the Commission shall make a determination based on the administrative record.

L.    The Commission will make a final written determination within ten (10) business days after the hearing, which will be mailed to the involved parties.

M.    The Commission’s decision shall be final. [Added by Ord. No. 3255, eff. 7/13/91; Amended by Ord. No. 13-3,844, eff. 11/22/13.]

DIVISION 11. HOME OCCUPATIONS

10-1-671: PURPOSE AND INTENT:

The intent of this Article is for a home occupation to be allowed if the business use is clearly an office use, artistic use, cottage food operation, or music lessons and is incidental and secondary to the use of the dwelling. In addition, the business use must be compatible with the surrounding residential uses. No home occupation shall be conducted that constitutes or causes an objectionable use of residential property due to potential noise, glare, dust, vibration, increased pedestrian or vehicular traffic, or any other condition that interferes with the general welfare of the surrounding residential area. [Amended by Ord. No. 3841, eff. 6/14/13; Formerly numbered Section 31-75; Renumbered by Ord. No. 3058, eff. 2/21/87; 3697, 3495, 2725.]

10-1-672: SPECIFIC RESTRICTIONS:

The following regulations shall apply to the conduct of home occupations:

A.    LIMITATION ON NUMBER.

A maximum of two (2) home occupations may be conducted on the premises of a residence. Multiple fictitious business names may be considered as part of one (1) home occupation if the businesses are determined by the Community Development Director to be sufficiently similar in nature so as to constitute one (1) business.

B.    USE CONFINED TO RESIDENTS.

Only persons whose primary residence in the dwelling unit may engage in the home occupation, unless that occupation is a cottage food operations.

C.    EMPLOYMENT LIMITED TO RESIDENTS.

Employment for actual work conducted on the premises of the home occupation shall be limited to: the resident or residents who is, or are, principal owner or owners of the business, and any other resident of the dwelling unit. No non-resident person may conduct work on the premises in conjunction with the home occupation, except for a cottage food operation, which is entitled to one non-resident employee. Baby sitters, care-givers and/or domestic staff are not considered employees of a home occupation, unless they perform work related to the home occupation.

D.    MAXIMUM AREA.

The home occupation(s), either singular or combined, may cumulatively occupy no more than the greater of: 1) 400 square feet, or 2) 20 percent of the combined square footage of the dwelling unit and any accessory structure that is not a garage or area required for the parking of vehicles, or 3) that area of the home kitchen as permitted by the Health Department as part of a cottage food operation.

E.    SALES AND DISPLAY.

No commodity shall be sold or displayed on the premises, except for goods sold as part of a cottage food operation.

F.    USE OF REQUIRED PARKING PROHIBITED.

If an accessory structure, or a portion of an accessory structure, is used for the home occupation, the accessory structure used for the home occupation shall not be any garage, carport, or any other area required or designated for the parking of vehicles. Cottage food operations may only use accessory structures for storage, as stated in Health & Safety Code section 113758(b)(7).

G.    PERMITTED LOCATIONS; STORAGE.

The home occupation may only be conducted and the storage of materials, equipment, inventory, supplies and files for the home occupation(s) is only permitted inside the dwelling unit or an entirely enclosed roofed accessory structure that is not a garage. Storage of materials, equipment, inventory, supplies, and files for the home occupation(s) shall not cumulatively occupy more than 25 percent of the permitted area for the home occupation as determined pursuant to Subsection (D) above.

In addition, hand tools, power tools, and other tradesman tools and equipment used in conjunction with the home occupation may be kept in one (1) vehicle that is used in conjunction with the home occupation.

H.    MATERIALS AND EQUIPMENT.

1.    Only materials, equipment, and/or tools recognized as part of a normal household or necessary or convenient for domestic purposes shall be used in the home occupation. No motor power other than electrically operated motors, acceptable for connection to a 110 and 220 volt circuit, with a maximum of one (1) horsepower per motor and a total of two (2) horsepower, shall be used.

2.    Fire suppression equipment appropriate to the specific home occupation shall be required as determined by the Burbank Fire Department.

I.    PEDESTRIAN AND VEHICULAR TRAFFIC.

The home occupation shall not create pedestrian or vehicular traffic in excess of that which is normal to a residential use of the premises.

J.    COMMERCIAL VEHICLES.

1.    No commercial vehicle used for any part of the home occupation activity may be parked, maintained, or stored on the premises with the exception of one (1) commercial vehicle per dwelling unit complying with both of the following requirements: (a) the size of the vehicle is no longer than 22 feet, including any attached trailer or apparatus, nor greater than eight (8) feet in height, and (b) the vehicle is utilized for residential purposes at least 51 percent of the time on a weekly basis.

2.    Other than the commercial vehicle permitted pursuant to Subsection (J)(1) above, no commercial vehicle may be used for delivery of materials or pickup of materials in conjunction with the home occupation, except that reasonable courier services to or from the premises is permitted.

3.    For the purposes of this section, commercial vehicle shall mean any vehicle required by the State of California to have commercial vehicle license plates.

K.    SIGNS AND ADVERTISING.

No sign, nameplate, or other form of advertising shall be displayed on the premises in connection with the home occupation except for a total of one (1) non-free-standing sign per dwelling unit not exceeding one-half (1/2) square foot located on the mailbox or, if there is no mailbox, near the mail delivery area identifying the home occupation(s). There shall not be any alteration of the appearance of the premises for the purpose of attracting attention to a home occupation.

L.    NUISANCE.

The home occupation shall not create any radio or television interference or create discernable noise, glare, dust, odor, vibrations, or unreasonable disturbance in excess of that which is normal to a residential use of the premises. Nor may the home occupation cause or generate any other condition that interferes with the peace, health, safety or general welfare of people or property in the surrounding area.

M.    MUSIC LESSONS.

Music lessons may be conducted on the premises of a residence subject to the following conditions:

1.    Applicants must obtain an Administrative Use Permit pursuant to Division 4.1 of Article 19 of this Chapter, except that notice of the decision shall be mailed to all property owners and occupants within a one hundred and 150 feet radius of the property. As part of the Administrative Use Permit process, the property owner of the premises upon which the music lesson will be given shall be provided notice of such intent.

2.    Applicants for an Administrative Use Permit to teach music lessons to minors, students under 18 years of age, are required to submit fingerprints in order to obtain applicant’s criminal history.

3.    Music lessons shall be conducted between the hours of 9:00 a.m. and 7:00 p.m. (hours of operation).

4.    Music lessons shall be limited to a maximum of any five (5) days per week (days of operation) with the exception of Sundays. No music lessons shall be conducted on Sundays.

5.    Music lessons shall be limited to a maximum of ten (10) students per day.

6.    Music lessons may be conducted with up to, but no more than, two (2) students per lesson. There shall be no group lessons, recitals or concerts conducted on the premises of the home occupation.

7.    No person shall conduct music lessons in such manner that the noise or sound or vibration from such music lessons exceeds the standards set forth in Article 2, Title 9 Chapter 3 of the Burbank Municipal Code.

8.    There must be designated on the premises a location for the queuing of students before and after lessons to prevent the uncontrolled loitering of students in the residential area. Such location shall be shown on the submitted site plan.

9.    There must be on premises parking for persons coming to or leaving music lessons. On premises parking must be provided for at least one (1) vehicle in addition to the required parking for the residence itself and must be shown on the submitted site plan. Such parking area may be located in a driveway in a single family residential zone. Guest parking may be used to satisfy this requirement in a multiple family residential zone. When music lessons are being conducted, the designated parking area must be left open and available for student parking.

10.    Music lessons are not subject to the pedestrian and vehicle traffic restrictions of Subsection (I).

11.    Music lessons are prohibited in any multi-family structure that shares a common wall or ceiling or floor with any other unit.

12.    The applicant is responsible for all costs associated with the permitting process, including any applicable background investigation fees, as established by the Burbank Fee Resolution. [Amended by Ord. No. 3841, eff. 6/14/13; Formerly numbered Section 31-75.1; Renumbered by Ord. No. 3058, eff. 2/21/87; 3813, 3697, 3514, 3495, 2725, 2194.]

10-1-673: PROHIBITED OCCUPATIONS:

The following activities are prohibited as home occupations:

A.    MOTOR VEHICLE REPAIR AND DETAILING.

Those occupations conducted on the premises that entail motor vehicle repair work, including any and all aspects of body or fender work. Also prohibited is auto detailing on the premises.

B.    MECHANICAL AND ELECTRONIC REPAIR.

Mechanical and electronic repair utilizing, maintaining or storing more mechanical or electronic equipment on the premises than is common to a residence.

C.    KENNELS.

Those occupations and uses which entail harboring, training, or raising of dogs, cats, birds, or other animals.

D.    FOOD HANDLING.

Those occupations which entail food handling, food processing, food warehousing, or food packaging, except in conjunction with a cottage food operation with a valid Health Department permit/license.

E.    FIREARMS.

Those occupations that entail the manufacturing, sale, lease, or rental of firearms and/or ammunition. However, this prohibition shall not apply to a person legally and continuously operating a home occupation involving the manufacturing, sale, lease, or rental of firearms and/or ammunition pursuant to a business permit issued prior to September 1, 1998. On or before October 16, 1998, all home occupations involving the manufacturing, sale, lease, or rental of firearms and/or ammunition must be permanently discontinued unless the home occupation has been legally and continuously operated by the same person at the same location pursuant to a business permit effective prior to September 1, 1998.

F.    PRODUCTS PROCESSING.

Those occupations which entail the repair, processing, or alteration of goods, materials, or objects; provided, however, that custom sewing/tailoring is permitted if the goods are not manufactured or processed as stock for sale or distribution. This code section is not intended to prohibit: watch repair, jewelry repair, and original jewelry creation. This ordinance does not prohibit artists and artist studios, with the exception of prohibiting welding as a form of artistry for commercial business purposes, or commercial ceramic artistry, wherein a commercial kiln is utilized. This Article does not regulate forms of artistry that are for the sole purpose of non-business hobby-making and/or non-business personal artistic expression.

G.    OTHER PROHIBITED HOME OCCUPATIONS.

Any activity where the conduct or operations of such activity would violate the provisions of this Article or any statute, ordinance, law or regulation or any activity determined by the Community Development Director to be similar to those activities listed above. [Amended by Ord. No. 3841, eff. 6/14/13; Formerly numbered Section 31-75.2; Renumbered by Ord. No. 3058, eff. 2/21/87; 3514, 3495, 2725.]

10-1-673.1: ADDITIONAL REGULATIONS AND EXEMPTIONS FOR PERMITTED HOME OCCUPATIONS INVOLVING FIREARMS:

A.    ADDITIONAL REGULATIONS.

In addition to the other provisions of this Division, all permitted home occupations that entail the manufacturing, sale, lease or rental of firearms and/or ammunition must also comply with the following regulations:

1.    Active Alarm System.

All direct entries into the dwelling unit or accessory structure, whichever houses firearms and/or ammunition, shall be secured by an active alarm system that is connected to a 24-hour monitored, state-licensed security alarm service. For the purposes of this Division entries means doors, windows, skylights, trapdoors, and any other similar entryway into the dwelling unit or accessory structure.

2.    Firearms Kept in Safe.

All firearms and/or ammunition involved in the home occupation shall be locked in an anchored metal safe which is constructed of no less than 10 gauge metal, in one room of the dwelling unit, or accessory structure. For the purposes of this Article, anchored shall be defined as permanently mounted to the floor or having an empty weight of 1,000 pounds or more so that heavy equipment or tools would be required to remove the safe.

3.    Daytime Hours.

Showing or transferring a firearm and/or ammunition to a customer or prospective customer shall only take place between the hours of 7 a.m. and 10 p.m.

4.    City May Inspect.

City of Burbank Police Department Personnel shall have the right to enter any premises where a home occupation involving firearms and/or ammunition is conducted for the purposes of inspection for compliance with this Division.

5.    No Large or Small Family Day Care on Premises.

No home occupation involving firearms and/or ammunition may be conducted at any dwelling unit, including any accessory structures, if a large family day care home or a small family day care home operates on the premises.

B.    EXEMPTION FROM CERTAIN REGULATIONS.

Permitted home occupations involving the manufacturing, sale, lease, or rental of firearms and/or ammunition are exempt from the provisions of Sections 10-1-672(E) and 10-1-672(I). [Added by Ord. No. 3514, eff. 5/1/99.]

10-1-673.5: ADMINISTRATIVE PROVISIONS; APPEALS:

A.    The conduct of a home occupation requires the approval of a business permit as required by Section 3-4-1901 of this Code. A home occupation applicant shall file an application for such use on forms prescribed by the Community Development Director and

shall provide all required information. Each applicant for a home occupation shall at the time the application is filed pay a fee as set forth in this Code or in the Burbank Fee Resolution.

B.    The Community Development Director shall consider the application based on the regulations set forth in this Article and any other laws applicable to the conduct of a home occupation and shall inspect the premises for the purpose of compliance with the regulations set forth in this Article and any laws applicable to the conduct of a home occupation. The Community Development Director shall approve the application if the home occupation is in compliance with all of the requirements of this Article and all other laws applicable to the conduct of a home occupation.

C.    No business permit issued under this Article shall be transferred or assigned to a different person, different address or different home occupation. A business permit for a home occupation shall only authorize the person(s) named therein to commence or carry on the home occupation for which the permit was issued at the dwelling unit approved for the home occupation.

D.    A business permit for a home occupation that is not operated in compliance with this Article and/or any other laws applicable to the conduct of a home occupation may be revoked or suspended by the Community Development Director after 15 days notice.

E.    Any person may appeal a decision denying, revoking or suspending a business permit for a home occupation pursuant to the appeal procedures in Article 15, Title 2 Chapter 1 of this Code; provided however, that all interested persons and not just the applicant shall have the right to appeal such a decision. [Added by Ord. No. 3495, eff. 10/17/98; Amended by Ord. No. 3828, eff. 8/24/12; 3514.]

DIVISION 12. INTENTIONALLY RESERVED:

[Deleted by Ord. No. 3688, eff. 3/11/06.]

DIVISION 13. LARGE FAMILY DAY CARE HOME

10-1-683: LARGE FAMILY DAY CARE HOME; ADMINISTRATIVE USE PERMIT REQUIRED:

No person shall operate a large family day care home in any single family residential zone without first obtaining an Administrative Use Permit in compliance with the standards as set forth herein.

Upon the effective date of this division, those persons who are operating large family day care homes within the City of Burbank pursuant to a previously issued Conditional Use Permit shall be allowed to continue operation until such time as that Conditional Use Permit is revoked, or expires pursuant to its own terms.

Those persons who are currently operating large family day care homes within the City of Burbank and who have not been granted a Conditional Use Permit pursuant to those provisions of the Burbank Municipal Code in effect prior to the effective date of this division shall have 90 days from the effective date of this division to submit a completed application for an Administrative Use Permit to operate a large family day care home. [Added by Ord. No. 3139; Formerly numbered Section 31-75.30; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-684: REQUIREMENTS FOR ADMINISTRATIVE USE PERMIT TO OPERATE LARGE FAMILY DAY CARE HOME:

The Director shall grant an application for an Administrative Use Permit to operate a large family day care home (the “home”) if they find that all of the following standards have been met; and they shall require that such standards be met at all times and maintained throughout the use of the permit by the proposed provider (hereafter “applicant”):

1.    The applicant lives in the home, and the home is applicant’s legal principal residence. The applicant shall provide adequate written evidence of its residency.

2.    The use of the home as a large family day care home is clearly incidental and secondary to the primary residential use of the property.

3.    The property or home has not been altered or structurally changed in a way which is adverse to the character or appearance of the residential zone.

4.    One (1) off-street parking space is provided for each non-resident employee. Such parking space shall be in addition to the minimum parking requirements applicable to the property consistent with the provisions of this chapter, including, but not limited to, provisions applicable to legal, non-conforming residential buildings. The residential driveway is acceptable so long as the parking space does not conflict with any required child drop-off/pickup area and does not block the public sidewalk or right-of-way.

5.    The garage is not used for any purpose relating to the care giving of the children unless it has been converted in accordance with the provisions of this chapter. Replacement parking (if needed) is sufficient to comply with the requirements of this chapter, including the provisions of this section.

6.    Procedures for the loading and unloading of children from vehicles have been submitted by applicant and are sufficient. If there is not sufficient on-street parking to allow for the safe loading and unloading of children from vehicles, the driveway shall be used for this purpose. The public sidewalk and/or right-of-way shall not be blocked while completing the loading and unloading process. Double parking in the street is prohibited. The applicant shall be responsible for the safe loading and unloading of children and shall distribute a notice of loading and unloading procedures to all persons that utilize services of the large family day care home. Day care provider is responsible for adherence to these rules.

7.    If the residence is located on a major arterial street, there is a drop-off/pickup area designed to prevent vehicles from backing onto the major arterial roadway.

8.    No signs or other indicia will identify the residence as a large family day care home are visible from the right-of-way.

9.    There shall be a minimum distance of 500 feet between the parcel on which the large family day care home is located and the nearest parcel containing a licensed large family day care home.

10.    No more than one (1) large family day care home shall be permitted within a 500 radius of any child day care facility or elementary school.

11.    The applicant is in compliance with all applicable regulations of the Fire Department and the Building Official regarding health and safety requirements.

12.    The applicant has applied for a large family day care home license from the State of California, Department of Social Services.

13.    The applicant shall not allow smoking within the residence when any of the children being cared for are present in the residence. [Added by Ord. No. 3139; Formerly numbered Section 31-75.31; Renumbered by Ord. No. 3058; Amended by Ord. No. 3457, eff. 3/1/97.]

10-1-685: APPLICATION FOR ADMINISTRATIVE USE PERMIT FOR LARGE FAMILY DAY CARE HOME:

An application for an Administrative Use Permit to operate a large family day care home shall be made on a form to be provided by the Director. The applicant shall pay a fee as set forth in the Burbank Fee Resolution. [Added by Ord. No. 3139; Formerly numbered Section 31-75.32; Renumbered by Ord. No. 3058; Amended by Ord. No. 3457, eff. 3/1/97.]

10-1-685.5: REVOCATION OF ADMINISTRATIVE USE PERMIT FOR LARGE FAMILY DAY CARE HOME:

In addition to termination/revocation process set forth in Section 10-1-1960 of this chapter, the Director may, after 20 days notice by mail to the permit holder, revoke an Administrative Use Permit on any one or more of the following grounds:

A.    The property subject to the Administrative Use Permit has been utilized contrary to the findings and requirements set forth in Section 10-1-684;

B.    The State has revoked, terminated or otherwise rejected the issuance of a large family day care home license;

C.    The large family day care home is operated in a manner which adversely affects adjoining residences or is detrimental to the character of the residential neighborhood, as evident by a minimum of three (3) complaints, which shall relate to requirements imposed through the Burbank Municipal Code or the Conditions of Approval and be provided in writing on a form provided by the City, within a rolling six (6) month period by unrelated individuals; or

D.    The large family day care home is operated in violation of the noise standards as contained within the noise element of the General Plan and the noise regulations of the Code.

The Director shall render a notice of its decision to revoke or to not revoke the AUP. The decision of the Director to revoke or to not revoke an Administrative Use Permit can be set for a public hearing and appealed pursuant to the procedures contained in Section 10-1-1959, except that any complainant has standing to request a hearing or an appeal for purposes of this section. [Added by Ord. No. 3457, eff. 3/1/97.]


1

For example, if the measured front yard setbacks on a block are 45 feet, 60 feet, 75 feet, and 90 feet, all are counted. If there was one additional setback of 150 feet, it would not be counted because the average is 67.5 feet and 150 feet is more than 150 percent of the average.