PURPOSE:

Pursuant to state law, this report provides an update to the City Council on the status of the Interim Development Control Ordinance (IDCO) that provides interim development standards for the R-1, R-1-E, and R-1-H single-family residential zones.  This report does not ask the Council to take any action regarding the IDCO.  A public hearing has been scheduled for October 26, 2004 for the Council to consider extending the IDCO.  The public will again have the opportunity to provide input to the Council at the hearing.

BACKGROUND:

On September 14, 2004, the City Council adopted an IDCO (Ordinance No. 3646, attached as Exhibit A) to establish interim development standards for the R-1, R-1-E, and R-1-H zones while staff completes work on the ongoing study of single-family development standards.  The interim standards decrease the maximum allowed floor area ratio (FAR) from 0.6 including the garage to 0.45 not including the garage, and decrease the maximum allowed height from 27 feet to the ceiling and 35 feet to the top of the roof to 22 feet to the top plate and 29 feet to the top of the roof.

The IDCO is valid for 45 days, after which it must be extended by the City Council or expire.  Unless extended, the IDCO will expire on October 29, 2004.  Pursuant to California Government Code Section 65858(d), a written report must be issued at least ten days prior to the expiration of the IDCO to describe the measures taken to alleviate the condition which led to the adoption of the IDCO.

ANALYSIS:

Project Status

Staff continues to work on the ongoing study of single-family standards to formulate recommendations for the permanent standards.  The permanent standards, once adopted, will alleviate the impacts caused by ongoing single-family development by disallowing new and remodeled homes that are inconsistent with the desired character of the community.  Based upon input received from the Council on September 14, staff is revisiting several of the proposed standards, including those regarding size limitations on second stories and rear yard setbacks.  Staff also continues to research options to address various issues raised by the community and the Council, including using a sliding scale based on lot size to limit the sizes of homes, and a special exception process for homes located in neighborhoods that are already developed to a level in excess of what would be allowed by the development standards.

IDCO Extension

Although staff continues to work on this issue, staff will not be prepared to present revised standards to the Council or solicit adequate community input before the IDCO expires on October 29.  As such, staff will return to the Council on October 26 to hold another public hearing for the Council to consider extending the IDCO.  The Council will have the option to extend the IDCO for up to an additional 22 months and 15 days using the same standards adopted on September 14, extend the IDCO using amended interim standards, or allow the IDCO to expire.

Per Council direction, staff will seek to provide the maximum amount of notice about this extension hearing to the community including through the newspaper, cable television, internet, direct mailing to those who have requested to be on the mailing list, flyers at City libraries and offices, and Council and Planning Board meeting announcements.  Staff will also directly contact the Burbank Association of Realtors to ensure that the organization is aware of the October 26 hearing.

Interim Standards

There has not yet been adequate time to assess the full impact of the interim standards on single-family development.  As staff indicated on September 14, a total of 62 single-family homes were awaiting plan check at the time the IDCO was adopted.  Staff conducted a review of these plans several days before the IDCO hearing and found that a total of three projects would not have met either the interim FAR and/or height standard.  Subsequent to the September 14 hearing, staff reviewed the additional sets of plans that had been submitted between staff�s initial review several days earlier and the Council hearing.  Staff found that of the 62 projects, six of them would exceed the interim FAR of 0.45 not including the garage, with FARs of 0.47, 0.48, 0.52, 0.52, 0.54, and 0.55.[1]  Further, two of the 62 projects would exceed the interim maximum height of 22 feet to the top plate and 29 feet to the ceiling with heights of 1) 23 feet to the top plate and 33 feet, eight inches to the roof, and 2) 24 feet to the top plate.  Staff notes that the submittals for at least two of these projects submitted prior to September 14 appear to include only conceptual drawings rather than complete construction drawings as required by the IDCO.  As such, these projects will have to be amended to comply with the IDCO standards or the applicants will be required to apply for an administrative use permit per the terms of the IDCO.

Aside from these projects already submitted for plan check before the IDCO was adopted, one of the projects submitted for plan check since the adoption of the IDCO exceeds the interim 0.45 FAR; all other submittals have complied with the interim standards as of the publication of this report.  Staff met with one project applicant that stated their intent to apply for an administrative use permit to construct a three-story home in the hillside area.  The proposed home would comply with the interim FAR but would exceed the interim height limit.

Community Input

Staff anticipates having a revised set of proposed standards ready for public review by November.  However, given the challenges of soliciting effective public participation during the holiday season, staff intends to schedule another community meeting on this issue in January 2005.  As with the October 26 hearing and with the previous community meetings on this issue, staff will utilize all available means of getting notice to the community including the newspaper, cable television, internet, direct mailing to those who have requested to be on the mailing list, flyers at City libraries and offices, and Council and Planning Board meeting announcements.

CONCLUSION:

Staff continues to work on new development standards for the single-family zones.  Staff will recommend at the hearing on October 26 that the Council extend the IDCO to provide staff with additional time to complete this effort, including conducting additional community outreach.

RECOMMENDATION:

Staff recommends that the Council note and file this report.

LIST OF EXHIBITS:

Exhibit A          Ordinance No. 3646 adopted September 14, 2004

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