PURPOSE:

On September 14, 2004, the City Council adopted an Interim Development Control Ordinance (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.  This report recommends that the Council extend the IDCO for about eight months until June 30, 2005.

BACKGROUND:

In response to increasing concerns about the size and height of new and remodeled homes throughout the community, the City Council adopted interim development standards that restrict development in the R-1, R-1-E, and R-1-H single-family residential zones.  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 requirements of the IDCO apply to all projects that were not submitted for plan check or did not have a completed conditional use permit application on file by September 14, 2004, the date the IDCO was adopted.  Per the terms of the IDCO, applicants for projects that do not comply with the interim standards may apply for an administrative use permit (AUP) to have their project approved by the Community Development Director subject to the public notice and findings required for AUP approval.

Pursuant to state law, the IDCO is valid for 45 days and will expire on October 29, 2004 unless extended by the City Council.  After holding a public hearing, the Council has the ability to extend the IDCO for up to an additional 22 months and 15 days, for a total effective period of two years.  As with the initial adoption of the IDCO, a four-fifths vote is required to extend the IDCO.  The Council has the option of extending the IDCO using the same interim development standards adopted on September 14, extending the IDCO using amended interim standards, or allowing the IDCO to expire.  If the IDCO is allowed to expire, the existing Burbank Municipal Code standards for FAR and height will again apply to the affected zones.

Pursuant to the California Government Code, 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.  This report was provided to the Council on October 12, 2004 and is attached hereto as Exhibit B.

ANALYSIS:

Status of R-1 Study

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.

Although staff continues to work on this issue, staff is not prepared to present revised standards to the Council or solicit adequate community input before the IDCO expires on October 29.  Staff intends to develop a revised set of proposed standards and hold another community meeting to receive public input on the standards in January 2005.  In order to provide adequate time for public noticing after the holiday season, the meeting will likely be held in mid- to late-January.  An exact date for the meeting has not yet been determined.  As 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.  Staff will also reach out to various community organizations to make sure they are aware of this issue.  Staff attended a meeting of the Burbank Association of Realtors on September 30, 2004 to discuss this issue and ensure that the organization is aware of the October 26 IDCO extension hearing and the January community meeting.

Following the January community meeting, staff anticipates returning to the Council in February or March for a study session to discuss the revised standards proposal and the input received at the community meeting.  Depending upon the direction received from Council, this would allow for Planning Board and City Council hearings on the revised standards in May and June, with new standards adopted before the end of June, 2005.

IDCO Extension

Although the Council may extend the IDCO for an additional 22 months and 15 days, this length of time will not be required for staff to complete the ongoing study and present a revised set of proposed standards to the Council.  Based upon the above schedule, staff recommends that the Council extend the IDCO through June 30, 2005.  Staff believes this eight-month period should provide adequate time for the additional work and community outreach that is required.  If new standards are not adopted before June 30, 2005 due to unforeseen circumstances, the Council would have the ability to further extend the IDCO for up to a total period of two years.

Interim Standards

Since the adoption of the IDCO, staff has generally found that the interim standards have not affected most single-family development.  Of the 38 single-family projects submitted for plan check on or after September 15 since the adoption of the IDCO, only one proposed home exceeds the interim 0.45 FAR, and none of the homes exceeds the interim height.  All other submittals have complied with the interim standards as of the publication of this report.  The practical effect of the FAR change on a standard lot is a reduction in the maximum size of a home by about 600 square feet.  On a standard 6,750 square foot lot (50 feet by 135 feet), a 0.6 FAR including the garage would allow for a house of about 3,600 square feet with a 400 square foot two-car garage.  A 0.45 FAR not including the garage would allow for a house of just over 3,000 square feet not including the garage, a reduction of 600 square feet of living space.  On a 6,000 square foot lot (50 feet by 120 feet), the minimum lot size permitted in the R-1 zone, the practical effect is a reduction in the maximum size of a home by about 500 square feet, from 3,200 square feet with a 400 square foot garage, to 2,700 square feet not including the garage.

Staff has not yet received any AUP applications from applicants requesting to exceed the interim standards.  At least two sets of plans submitted prior to the effective date of the IDCO that would not comply with the interim standards were not complete sets of construction drawings and will have to be revised to comply with the IDCO or the applicants will be required to apply for an AUP.  Similarly, the applicant for the non-compliant project submitted after the effective date of the IDCO must revise their project or apply for an AUP.  Staff has had discussions with at least one prospective applicant who indicated his intent to apply for an AUP to exceed the interim height standard.

Finding for IDCO Extension

Pursuant to Government Code Section 65858(c), the City Council must make specific findings in adopting or extending an IDCO:

The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare.

The Council made this finding in adopting the IDCO, and staff believes that the circumstances have not changed and that the same finding can still be made to extend the IDCO.  A combination of factors including high land value, low interest rates, and increasing demands for household space have resulted in widespread single-family development throughout the community, including new homes, remodels, expansions, and complete rebuilds.  Many of these homes are of a height, size, and mass that are considered to be out of character with neighboring single-family properties and the Burbank community.

These oversized homes encroach upon the comfort level and quality of life of neighboring residents by creating structures that loom over neighboring properties, encroach upon open yard areas, and diminish the low intensity single-family nature of the neighborhood.  The many concerns expressed by members of the community and documented in the September 14 staff report are evidence of the threat to the public welfare that these structures pose.  The continued approval of permits for the construction of such homes threatens the welfare of Burbank residents and properties across the City, as additional out-of-character homes are built throughout the City.  The interim standards address these concerns by limiting the height and size of single-family homes, and staff finds that the continued use of the standards is necessary for the protection of the public welfare.

CONCLUSION:

Staff continues to work on new development standards for the single-family zones.  Staff requires additional time to complete this effort, including conducting additional community outreach, and finds that the extension of the IDCO and the interim development standards is necessary to protect the public welfare while staff�s work continues.

RECOMMENDATION:

Staff recommends that the Council introduce and adopt the proposed urgency ordinance to extend the IDCO for the R-1, R-1-E, and R-1-H zones through June 30, 2005.

LIST OF EXHIBITS:

Exhibit A          Ordinance No. 3646 adopted September 14, 2004

Exhibit B          City Council staff report dated October 12, 2004

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