Burbank Municipal Code Div. 1 Single Family Residential Zones

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.]

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

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.

(9) “Single-Family Dwellings, additional on one lot” are prohibited if there exists an SB 9 – Second Single-Family Dwelling, as defined in Section 10-1-608.1, on the lot.

(10) A SB 9 – Second Single-Family Dwelling, as defined in Section 10-1-608.1, is prohibited if there exists a First Single-Family Dwelling, as defined in Section 10-1-608.1, and a “Single-Family Dwelling, additional, on one lot” that was approved by a Conditional Use Permit.

[Formerly numbered Section 31-27; amended by Ord. No. 24-4,010, eff. 3/29/24; 22-3,970; 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.]

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

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[Figure]

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

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 Commission 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 Commission, 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 Commission 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 Commission 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[Figure]

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

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[Figure]

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[Figure]

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[Figure]

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[Figure]

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

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

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[Figure]

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

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[Figure]

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[Figure]

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[Figure]

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[Figure]

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[Figure]

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[Figure]

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[Figure]

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[Figure]

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. 22-3,983, eff. 12/11622; 22-3,970; 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.]

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.]

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.]

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)[Figure]

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

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 Commission 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[Figure]

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

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[Figure]

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[Figure]

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. 22-3,983, eff. 12/16/22; 22-3,970; 17-3,890; 3810; 3774, 3750; 3748, 3688, 3669, 3643, 3488, 3399, 3058, 2858, 2598, 2355, 2194.]

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 Commission. 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.

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 Commission 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 Commission 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. 25-4,024, eff. 4/11/25; 22-3,983, 22-3,970; 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.]

A. APPLICABILITY.

1. This Section shall apply to all projects proposing a new, or improvements to an existing, SB 9 – Second Single-Family Dwelling when allowed pursuant to California Government Code Section 65852.21.

2. SB 9 – Second Single-Family Dwellings shall only be permitted in the R-1 zone, when allowed pursuant to California Government Code Section 65852.21.

3. SB 9 – Second Single-Family Dwellings shall be prohibited in the R-1-H Horsekeeping Zone pursuant to California Government Code Section 66499.41(h)(2).

4. All SB 9 – Second Single-Family Dwellings shall comply with all applicable development standards in the underlying R-1 Zone, except as identified in this Section. The requirements of this Section shall supersede any conflicting property development standards of the underlying R-1 Zone.

5. To the extent that any provision in this Section conflicts with state laws that preempt local development standards for an applicable project, state law will control over the conflicting provision. In such event, the remainder of this Section that is not in conflict with state law will apply to the project.

B. DEFINITIONS.

For the purposes of this Section, and this Section only, the terms below are defined as follows:

“First Single-Family Dwelling” shall mean a single-family residential unit on a Single-Family (R-1) Zoned property. In the event that there are two (2) single-family homes on one R-1 Zoned property, the First Single-Family Dwelling shall be the unit closest to the front property line. In the event that both units are of equal distance from the front property line, or should there exist ambiguity regarding the distance of both units from the front property line, the First Single-Family Dwelling shall be established by the Community Development Director or his/her designee pursuant to site plan review.

“SB 9 – Second Single-Family Dwelling” shall mean a single-family dwelling, as permitted by California Government Code Section 65852.21, other than the First Single-Family Dwelling, Accessory Dwelling Units or Junior Accessory Dwelling Units.

“Dwelling Unit(s)” shall mean any dwelling unit, including but not limited to a First Single-Family Dwelling, SB 9 – Second Single-Family Dwelling, Accessory Dwelling Units or Junior Accessory Dwelling Units.

“Urban Lot Split” shall mean subdivision of one (1) existing R-1 zoned single-family lot into no more than two (2) new R-1 zoned single-family lots in accordance with California Government Code Section 66411.7.

“Specific Adverse Impact” shall have the same meaning as set forth in California Government Code Section 65589.5, subdivision (d), paragraph (2).

C. ELIGIBILITY FOR AN SB 9 – SECOND SINGLE-FAMILY RESIDENTIAL DWELLING.

A lot shall only be eligible for a SB 9 – Second Single-Family Dwelling when all the following requirements are met:

1. “SB 9 – Second Single-Family Dwellings” shall be a permitted use.

2. The property shall have no more than one (1) existing Dwelling Unit if the lot was established through prior exercise of an Urban Lot Split.

3. Demolition or Alteration of Existing Housing. The proposed project would not require demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

c. Housing that has been occupied by a tenant in the last three years, from the date that an application is submitted.

4. Ellis Act Rental or Lease Termination. The Owner(s) of the property on which the project is proposed has not exercised the owner’s rights under Chapter 12.75 of Division 7 of Title 1 of the California Government Code (the Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

5. Historic Properties. The project is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

6. Location of Development Site. The project is not located on a site that meets any of the criteria identified in California Government Code Section 65913.4(a)(6)(B-K).

D. DEVELOPMENT STANDARDS FOR SB 9 – SECOND SINGLE-FAMILY DWELLINGS.

All SB 9 – Second Single-Family Dwellings shall comply with all applicable development standards in the underlying R-1 Zone, except as identified in the paragraphs below. The requirements of this Section shall supersede any conflicting property development standards of the underlying R-1 Zone.

1. MAXIMUM NUMBER OF SB 9 – SECOND SINGLE-FAMILY DWELLINGS PERMITTED

a. One (1) SB 9 – Second Single-Family Dwelling shall be permitted on a lot.

b. The permitted SB 9 – Second Single-Family Dwelling is in addition to the First Single-Family Dwelling and any other Dwelling Units that may be permitted on the property per Burbank Municipal Code Section 10-1-602, but in no event are more than four (4) Dwelling Units permitted on the property.

2. SQUARE FOOTAGE

a. SB 9 – Second Single-Family Dwellings shall comply with the Floor Area Ratio and Lot Coverage requirements of the underlying R-1 Zone.

b. SB 9 – Second Single-Family Dwellings shall comply with all applicable objective development standards, to the extent that they do not preclude an 800 square feet SB 9 – Second Single-Family Dwelling.

3. SETBACKS

a. SB 9 – Second Single-Family Dwellings shall be subject to the setbacks and upper-story stepback requirements of the underlying R-1 Zone, with the exceptions identified below:

i. First Floor Minimum Setbacks (Street-facing side, Interior side and Rear Property Lines): SB 9 – Second Single-Family Dwellings shall provide a minimum setback of 4-feet.

ii. Second Story Stepback (Rear Property Line): If a second story is provided, SB 9 – Second Single-Family Dwellings shall provide a minimum stepback of 15-feet.

iii. No setback shall be required when a SB 9 – Second Single-Family Dwelling is constructed in the same location, and to the same dimensions and volume as an existing legal structure that is converted into a SB 9 – Second Single-Family Dwelling or to a portion of a SB 9 – Second Single-Family Dwellings, even when that structure has been demolished.

iv. Encroachments into the minimum yard setbacks are permitted as established in the underlying R-1 Zone. Where utility easements exist, minimum setbacks for the SB 9 – Second Single-Family Dwelling shall not encroach on the utility easements.

4. ATTACHED AND DETACHED SB 9 – SECOND SINGLE-FAMILY DWELLINGS

SB 9 – Second Single-Family Dwelling may be attached or detached from the First Single-Family Dwelling.

5. BUILDING SEPARATION

When a New SB 9 – Second Single-Family Dwelling is detached from the First Single-Family Dwelling, the following building separation requirements apply:

a. New SB 9 – Second Single-Family Dwellings 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.

b. The eave projections of New SB 9 – Second Single-Family Dwellings must be at least four (4) feet away from the eave projections of any other structure on the same lot.

c. A SB 9 – Second Single-Family Dwelling may be connected to the First Single-Family Dwelling by means of a porte-cochere, breezeway, patio covering, or other non-enclosed structural feature.

d. No building separation requirements shall be required when converting an existing structure into a SB 9 – Second Single-Family Dwelling, or when a SB 9 – Second Single-Family Dwelling is constructed in the same location, and to the same dimensions and volume as an existing structure.

6. OFF-STREET PARKING

a. SB 9 – Second Single-Family Dwellings shall be subject to the off-street parking requirements of the underlying R-1 Zone, with the exceptions identified below:

i. One (1) parking space for the SB 9 – Second Single-Family Dwelling shall be required, unless exempted from the parking requirement.

ii. Parking Exception. No parking is required if the parcel is located (1) within one-half mile walking distance of a high-quality transit corridor as expressly defined in Section 21155(b) of the California Public Resources Code, (2) within one-half mile walking distance of a major transit stop as expressly defined in Section 21064.3 of the California Public Resources Code, or (3) within one block of a car share vehicle.

iii. Required on-site parking can be covered, uncovered, tandem or provided through the use of a mechanical automobile parking lift. Tandem parking as defined in this Section means that two or more automobiles are parked in a driveway or in any other location on a lot. Additionally, the automobiles would be lined up behind one another in a manner that meets all vehicle maneuvering requirements.

iv. When an existing attached garage is located in the front or street-facing yard and is converted into a SB 9 – Second Single-Family Dwelling the driveway and curb cut leading to said garage may be kept in place to accommodate parking only if the parking stalls in the driveway meet minimum parking stall dimensions of 18’-0” deep and 8’-6” wide. If the driveway does not meet these minimum parking stall dimensions, the driveway and curb cut shall be removed.

v. Notwithstanding any curb cut separation requirements, a new curb cut and driveway may be installed on a property so long as minimum vehicle parking stall dimensions of 18’-0” deep and 8’-6” wide are satisfied, and no additional onsite parking areas exist on the property that satisfy these minimum parking stall dimensions. Such driveway shall meet the development standards in Sections 10-1-603(I)(7), 10-1-603(I)(9), and 10-1-603(I)(10). Any proposed new driveway or curb cut will be subject to applicable tree protection provisions outlined in Burbank Municipal Code Title 7, Ch. 4 and adopted utility safety and design regulations regarding utility lines or boxes, as well as other public utilities that may be impacted by said driveway or curb cut.

vi. Required parking for a SB 9 – Second Single-Family Dwelling 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 parking space dimensions, turning radius, and backup distance as required in the Code.

7. PRIVATE OPEN SPACE

a. SB 9 – Second Single-Family Dwellings shall provide a minimum of 70 square feet of private open space. For the purposes of complying with this requirement, the private open space shall be provided in one area. No dimension of the private open space shall be less than 5-feet.

b. Private open space areas shall be located outside of a structure and shall abut the unit that it serves to allow direct access from the unit.

c. Private open space areas shall have a slope no greater than five percent.

d. Setback areas may be utilized for private open space. Balconies used for private open space may encroach as permitted in Table 10-1-603(G). Interior side and rear yards setback areas may be utilized for private open space so long as the open space is provided at grade and minimum dimensions are satisfied.

e. Private open space areas shall be separated from vehicle access and parking areas and may not contain parking spaces or backup aisles, driveways, vehicle or bicycle parking areas, or other vehicle access features.

f. Private open space areas shall not contain stairways or ramps except as necessary to provide access to the open space areas located on different levels of the structure.

8. DESIGN STANDARDS

a. When a garage is converted into a new SB 9 – Second Single-Family Dwelling, the garage door must be removed and replaced with one or more windows and/or a residential entry door.

b. The design and construction of each new SB 9 – Second Single-Family Dwelling and conversion of existing structures shall conform to all applicable provisions of Title 9 Chapter 1 (Building) of this Code. The SB 9 – Second Single-Family Dwelling shall comply with all provisions of the Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the SB 9 – Second Single-Family Dwelling will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.

c. If a detached SB 9 – Second Single-Family Dwelling is visible from the street, then the main entrance shall face the same direction as the main entrance for the First Single-Family Dwelling or face the side property lines. The main entrance may face an alley if the entrance is at least 5 feet away from the property line abutting the alley, and another entrance is provided facing the front or side property lines.

E. LENGTH OF RENTAL TERM.

All rentals of any SB 9 – Second Single-Family Dwellings shall be for a term longer than 30 days.

F. UTILITY CONNECTION.

SB 9 – Second Single-Family Dwellings shall have utility connections as follows:

1. Sewer – All private sewer lateral connections shall be independent of other Dwelling Units and shall have separate connection points to the City sewer main. Should the lot be subdivided, the new private sewer lateral will either need to be located solely within the new lot or will be within a utility easement (with minimum 10-foot width) established and centered along the alignment of the private sewer lateral for each separate private sewer lateral, per Burbank Municipal Code 8-1-303.

2. Water and Electric – All connections shall be in accordance with the Burbank Water and Power Rules and Regulations, as may be amended.

G. ADDRESS ASSIGNMENT.

The Public Works department will determine address assignments for all new SB 9 – Second Single-Family Dwellings.

H. SPECIFIC ADVERSE IMPACT.

The Community Development Department may deny a proposed SB 9 – Second Single-Family Dwelling upon a written finding from the Building Official, based upon a preponderance of the evidence, that the proposed SB 9 – Second Single-Family Dwelling would have a Specific Adverse Impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact.

I. SUBMISSION OF AN APPLICATION.

An application for a SB 9 – Second Single-Family Dwelling must be submitted on the City’s approved form. Only a complete application will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:

1. Project Application. A complete project application shall be filled out with property owner and applicant signature(s).

2. Eligibility Requirements. The applicant shall provide proof that the project meets all the eligibility requirements identified in this Section.

3. Architectural Plans. Architectural Plans shall include an existing and proposed site plan, floor plan(s), elevation plans, roof plans(s), building section plans(s), pictures of existing site, and such other materials as may be deemed necessary by the Community Development Director to decide on the completeness of an application.

4. The applicable application fees. [Added by Ord. No. 24-4,010, eff. 3/29/24.]

A. APPLICABILITY.

1. This Section shall apply to all projects proposing an Urban Lot Split pursuant to California Government Code Section 66411.7.

2. Urban Lot Splits shall only be permitted in the R-1 zone, when allowed pursuant to California Government Code Section 66411.7.

3. Pursuant to California Government Code Section 66499.41(h)(2), Urban Lot Splits shall be prohibited in the R-1-H Horsekeeping Zone.

4. All Urban Lot Splits shall comply with all applicable lot design standards in the underlying R-1 Zone, except as identified in this Section. The requirements of this Section shall supersede any conflicting lot design standards of the underlying R-1 Zone.

5. To the extent that any provision in this Section conflicts with state laws that preempt local standards for an applicable project, state law will control over the conflicting provision. In such event, the remainder of this Section that is not in conflict with state law will apply to the project.

B. DEFINITIONS.

For the purposes of this Section, and this Section only, the terms below are defined as follows:

“First Single-Family Dwelling” shall mean a single-family residential unit on a Single-Family (R-1) Zoned property. In the event that there are two (2) single-family homes on one R-1 Zoned property, the First Single-Family Dwelling shall be the unit closest to the front property line. In the event that both units are of equal distance from the front property line, or should there exist ambiguity regarding the distance of both units from the front property line, the First Single-Family Dwelling shall be established by the Community Development Director or his/her designee pursuant to site plan review.

“SB 9 – Second Single-Family Dwelling” shall mean a single-family dwelling, as permitted by California Government Code Section 65852.21, other than the First Single-Family Dwelling, Accessory Dwelling Units or Junior Accessory Dwelling Units.

“Dwelling Unit(s)” shall mean any dwelling unit, including but not limited to a First Single-Family Dwelling, SB 9 – Second Single-Family Dwelling, Accessory Dwelling Units or Junior Accessory Dwelling Units.

“Urban Lot Split” shall mean subdivision of one existing single-family zoned lot into no more than two new single-family zoned lots in accordance with California Government Code Section 66411.7.

“Specific Adverse Impact” shall have the same meaning as set forth in California Government Code Section 65589.5, subdivision (d), paragraph (2).

C. ELIGIBILITY FOR AN URBAN LOT SPLIT.

A lot shall only be eligible for an Urban Lot Split when all the following requirements are met:

1. The lot is zoned Single-Family Residential (R-1).

2. The existing lot has not been established through prior exercise of an Urban Lot Split as provided for in California Government Code Section 66411.7.

3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided for in California Government Code Section 66411.7.

4. Demolition or Alteration of Existing Housing. The proposed project would not require demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

c. Housing that has been occupied by a tenant in the last three years, from the date that an application is submitted.

5. Ellis Act Rental or Lease Termination. The Owner(s) of the property on which the project is proposed has not exercised the owner’s rights under Chapter 12.75 of Division 7 of Title 1 of the California Government Code (the Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

6. Historic Properties. The project is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

7. Location of Development Site. The project is not located on a site that meets any of the criteria identified in California Government Code Section 65913.4(a)(6)(B-K).

D. LOT DESIGN STANDARDS FOR URBAN LOT SPLITS.

All Urban Lot Splits shall comply with all applicable lot design standards in the underlying R-1 Zone, except as identified in the paragraphs below. The requirements of this Section shall supersede any conflicting lot design standards of the underlying R-1 Zone.

1. MAXIMUM NUMBER OF PARCELS CREATED, LOT AREA AND LOT DIMENSIONS

a. Maximum Number of Parcels Created: Property subdivided by an Urban Lot Split can create no more than two (2) new parcels.

b. Minimum Lot Area: Parcels created through an Urban Lot Split shall meet the following Lot Area requirements.

i. Both of the newly created parcels shall be no smaller than 40 percent the lot area of the original parcel, and

ii. Both newly created parcels shall be no smaller than 1,200 square feet.

c. Minimum Lot Dimensions (Length and Width): Property subdivided by an Urban Lot Split shall provide the minimum lot dimensions.

i. Lot Width. The lot width of both of the newly created parcels shall be no smaller than 40 percent the lot width of the original parcel, or a minimum of 25-feet, whichever is greater.

ii. Lot Depth. The lot depth of both of the newly created parcels shall be no smaller than 50-feet.

2. FLAG LOTS

a. Creation of Flag Lots, as defined in Burbank Municipal Code Section 10-1-203, shall be prohibited.

b. The lot lines being created or modified to create the subdivision shall not have any curves or angles. They shall consist of straight lines that run from either: (1) the front lot line to the rear lot line, or (2) from the one side lot line to another side lot line.

3. PUBLIC RIGHT OF WAY FRONTAGE AND VEHICLE ACCESS

a. Minimum Public Right-of-Way Frontage: The minimum public right-of-way frontage for each newly created parcel shall be no smaller than 40 percent the lot width of the original parcel, or a minimum of 25-feet, whichever is greater.

b. Each newly created parcel shall provide vehicle access onto the parcel from the public right-of way.

E. NUMBER OF DWELLING UNITS ALLOWED ON PARCELS SUBDIVIDED THROUGH AN URBAN LOT SPLIT.

A maximum of two (2) Dwelling Units shall be permitted on parcels created through the exercise of an Urban Lot Split.

F. OWNER OCCUPANY AFFADAVIT.

When a lot is subdivided through an Urban Lot Split, the owner of record of the original lot shall occupy a Dwelling Unit on one of the resulting lots as their principal residence for a minimum of three years from the date of approval of the Urban Lot Split. The owner shall submit the affidavit as described in BMC Subsection 10-1-608.2(O)(4).

This requirement shall not apply to a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a “qualified nonprofit corporation,” as described in Section 214.15 of the Revenue and Taxation Code.

G. LENGTH OF RENTAL TERM.

All rentals of any Dwelling Unit located on parcels created through the exercise of an Urban Lot Split shall be for a term longer than 30 days.

H. DEED RESTRICTION.

The owner of a lot created through an Urban Lot Split must record a deed restriction for the benefit of the City, in a form established by the City of Burbank Community Development Department and City Attorney’s Office, that does each of the following:

1. Gives notice that the lot was created through an Urban Lot Split.

2. Gives notice of any site limitations resulting from an Urban Lot Split.

3. Expressly prohibits any development or construction on the lot that would be inconsistent with City adopted standards.

4. Expressly prohibits the rental of any Dwelling Unit on the lot for a period of less than 30 days.

5. Expressly prohibits any non-residential use of the parcels created by the Urban Lot Split.

6. Expressly prohibits any separate conveyance of a First Single-Family Dwelling on the lot, any separate fee interests, and any common interest development within the lot.

7. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.

I. SEPARATE CONVEYANCE.

1. Dwelling Units on a single lot that is created by an Urban Lot Split may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an Urban Lot Split.

3. All fee interest in a lot must be held equally and undivided by all property owners.

4. Separate conveyance of the resulting lots through an Urban Lot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other – the Urban Lot Split boundary may separate them for conveyance purposes, if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span, or will span the new lot line, the owner must record appropriate conditions, covenants, restrictions, easements or other documentation that is necessary to allocate risk and responsibility between the owners of the two lots.

J. SPECIFIC ADVERSE IMPACTS.

The Community Development Department may deny a proposed Urban Lot Split upon a written finding from the Building Official, based upon a preponderance of the evidence, that the proposed Urban Lot Split would have a Specific Adverse Impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact.

K. UTILITY CONNECTION.

Each lot created through an Urban Lot Split shall have its own independent utility connections (sewer, water and electric). The Dwelling Units as defined in this Section on each newly created lot shall have utility connections in accordance with the Burbank Municipal Code and the Burbank Water and Power Rules and Regulations, as may be amended.

L. EASEMENT REQUIREMENT.

When applicable, an easement may be required for each newly created parcel that is created through an Urban Lot Split to accommodate for vehicle and pedestrian access onto the site, backflow devices (if necessary), and/or utility service. When applicable, easements shall be reflected in the recorded parcel map.

M. DEDICATIONS AND OFFSITE IMPROVEMENTS.

No dedication of rights-of-way, or construction of offsite improvements, shall be required for an Urban Lot Split – except for those necessary to complete standard sidewalk, parkway, and/or drainage improvements directly associated with the subject property. To the extent that dedication of rights-of-way or construction of offsite improvements are necessary to avoid a Specific Adverse Impact, the application shall be subject to denial.

N. ADDRESS ASSIGNMENT.

The Public Works Department will determine address assignments for all Dwelling Units that are constructed on lots that are created through the exercise of an Urban Lot Split.

O. SUBMISSION OF APPLICATION, PAYMENT OF FEES, AND PROCESSING.

An application for an Urban Lot Split must be submitted on the City’s approved form. Only a complete application will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:

1. Project Application. A complete project application with property owner and applicant signature(s).

2. Eligibility Requirements. Proof that the project meets all of the eligibility requirements identified in this Section.

3. Tentative Parcel Map. A complete tentative parcel map with all required information that is prepared in accordance with Article 2 of Chapter 1, in Title 11 (Subdivisions) of the Burbank Municipal Code.

4. Signed Affidavit. A signed affidavit stating that the applicant intends to occupy a Dwelling Unit on one of the resulting lots as the applicant’s principal residence for a minimum of three years from the date of approval of the Urban Lot Split.

5. The applicable application fees. [Added by Ord. No. 24-4,010, eff. 3/29/24.]

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