PURPOSE:

This report responds to the City Council�s request to provide a status report on the Interim Development Control Ordinance (IDCO) for the R-1, R-1-E, and R-1-H zones and to provide information regarding basements in single-family zones and whether they should be included in the floor area ratio (FAR) calculation.

BACKGROUND:

IDCO

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 single-family residential zones while staff completes work on the ongoing study of single-family development standards.  On October 26, 2004, the Council extended the IDCO through June 30, 2005 (Ordinance No. 3653, attached as Exhibit B) and requested that staff return in 90 days to report on the status of the IDCO and the R-1 standards study.

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 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 23 feet to the top plate and 30 feet to the top of the roof.

Basements

Under the previously existing Burbank Municipal Code and under the interim standards established by the IDCO, the total gross floor area of all enclosed structures on a property is included in the FAR calculation.  This includes basements where the space meets the minimum room dimensions required by the Building Code.  At the October 26 IDCO extension hearing, a public speaker suggested that basements not be included in the FAR calculation to provide an opportunity for homeowners to create additional space without necessarily adding to the above-ground mass of the house.  The Council requested that staff study this matter and return after 90 days with information on this issue.

ANALYSIS:

Status of R-1 Study and Community Meetings

Staff continues to work on the ongoing study of single-family standards to formulate recommendations for the permanent standards.  The permanent standards, if adopted, would 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 and October 26, staff has prepared a revised set of proposed R-1 standards.  The revised standards are intended to be more simplified and straightforward.  Staff also recognizes that some of the originally proposed standards are not necessarily directly related to the �mansionization� issue.  The revised standards seek to address mansionization first and foremost, and address ancillary issues where possible without overly complicating the issue.

Two community meetings on this issue have been scheduled for Thursday, January 27, 2005 and Wednesday, February 9, 2005.  Both meetings will be at the Burbank High School library at 6:30 p.m.  Royleen White, the facilitator who led the community meeting on the re-use of the former Buena Vista Library site, will facilitate both meetings.  As with the previous community meetings on this issue, the purpose of these meetings is to receive community input on existing concerns with new and remodeled single-family homes, and on staff�s proposal for revised standards.  In addition to the two community meetings, staff will reach out to the Burbank Association of Realtors to ensure that the organization and its members have an opportunity to provide input on this issue.

Following the community meetings, staff anticipates returning to the Council in March or April for a study session to discuss the revised standards proposal and the input received at the community meetings.  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 an opportunity for the Council to adopt new standards before the end of June 2005.

Interim Standards

Staff continues to find that the interim standards have not generally affected single-family development.  Of the 65 single-family projects submitted for plan check in November and December 2004, none of the proposed homes exceeds either the interim 0.45 FAR or the interim height.  Further, staff has not received any AUP applications from applicants requesting to exceed the interim standards, as permitted under the IDCO.  Some may argue that people are being made aware of the interim standards before submitting for plan check, and therefore the plan check statistics may not be a valid indicator of the true impact of the interim standards.  However, the experience of planners working at the public counter indicates otherwise.

Planners report that the majority of people submitting plans for single-family additions and remodels are not aware of the interim height and FAR standards.  Nonetheless, their proposed additions come in well below the 0.45 FAR and 23-foot height limitation.  Staff believes that this trend is an indication that the interim standards are not restricting the abilities of the vast majority of homeowners to meet their space needs.  The intent of the interim standards and the proposed permanent standards is to prevent the relatively small number of homes that are very large and offensive to neighborhood character.  Many speakers at public meetings have argued that the interim standards are overly restrictive and will prevent many homeowners from building the homes they otherwise would.  However, staff�s experience since the IDCO was adopted has been that the vast majority of homeowners adding on to their homes are not proposing to build homes even as large as what would still be permitted under the interim standards, and that the more restrictive standards have not had any detrimental effects for most homeowners.

Basements

While basements are common house features in many states, basements are not common in Southern California and are seen primarily in older homes.  As noted by the public speaker on October 26, however, basements recently started increasing in popularity as ideal locations for home theaters, recreation rooms, and other such rooms that may not otherwise be accommodated in a typical home.  It was suggested on October 26 that basements be excluded from FAR calculations to provide homeowners with an opportunity to provide a game room or similar use in their home without being penalized under the FAR and sacrificing space that could be used for another purpose.  Excluding basements from FAR seems logical since basements are located partially or entirely below grade and do not typically contribute to the overall massing of a home.  However, there are several factors to consider.

FAR: There are two main purposes for FAR.  In addition to controlling the massing of a structure, FAR is also used to regulate the intensity of use on a property.  In general, the more building square footage that is allowed, the more intense the use of that building may be.  That is, more people and more activity could be connected to the structure.  While this is not as much of a concern in single-family neighborhoods, it is still an issue.  Larger homes may have more bedrooms or just generally be able to accommodate more people within a larger space.  Larger homes can accommodate larger families and more houseguests, which can impact neighboring properties through cars, noise, light, and activity.  A basement could accommodate bedrooms to house additional people or could be used as common living area to provide a more comfortable atmosphere for a large family.  Therefore, the fact that a basement is located partially or entirely below grade may not be enough reason to exclude it from FAR.

Height: Under the Building Code, a basement may extend up to six feet above the adjoining ground surface for up to 50 percent of the perimeter of the building and still be considered a basement.[1]  Staff believes that this definition is not practical for zoning purposes, as it can have a substantial impact on neighborhood character.  It would be possible for a house to be constructed with a basement six feet above the ground and two stories above, each with an eight-foot ceiling, and still be within the 23-foot height limitation imposed by the IDCO.  While the overall massing of the house could be consistent with other two story homes in a neighborhood, the configuration of the floors within the house would not.

Most raised foundation homes, whether single-story or two-story, have their first floor level around 21 inches above grade (Exhibit C).  This results in a slight step-up from the ground to the entry doors.  However, a house with a basement rising out of the ground could have its first floor level up to six feet above grade.  The character of such a house would be substantially different from a house with a first floor 21 inches above grade.   Such a house could give the appearance of a three-story house. With the first floor so high above grade, raised porches and several steps would be required at the front and rear entrances to gain entry to the house.  This would result in a substantially different appearance from the street than a typical house.  Although the overall height of the house would be the same as others, the general appearance of the house would be quite different.  Staff believes that a house of such character would look out of place in Burbank�s single-family neighborhoods, and recommends against allowing a basement of that height to be exempted from FAR.

If any basement is to be excluded from FAR calculations, staff recommends that the maximum allowed height of such a basement be comparable to that of a typical raised foundation house. As noted above, the typical height above grade of the finished floor is 21 inches.  Rounding this up to allow a few extra inches for different types of construction, staff would recommend that the maximum allowed basement height be up to 24 inches, or two feet above grade, as measured to the finished floor level of the first floor from a point on the ground five feet out from the wall surface, consistent with the Building Code.  As with the Building Code, staff would propose that this maximum height be maintained for at least 50 percent of the perimeter of the house (Exhibit D).  The remaining perimeter could rise above the two-foot limit, for example on a gently sloped lot.  This would ensure that a homeowner receiving �extra� square footage in a basement not counted toward FAR would at least be required to make their home similar in character to a typical home without a basement, and not be permitted to build a de facto third story at ground level.  With this height limitation, however, comes additional issues to consider as noted below.

Window Pits in Side Yards: As with any room in a house, the Building Code requires basements to meet certain light and ventilation requirements.  If a basement includes a bedroom, it must also meet certain exiting requirements.  A basement 24 inches above grade would generally be required to have window pits up to 36 inches wide to provide natural light and ventilation.  So long as the basement did not include a bedroom, grates could be placed over the top of the window pits in side yards to preserve the Building Code mandated exiting space along the side yard (Exhibit E) and still comply with the light and ventilation requirements for habitable rooms.  However, if a basement contained a bedroom, the window pits would also serve as required emergency exits and could not have grates placed upon them (Exhibit F).

The minimum side yard setback required by the Zoning Ordinance in the single-family zones is five feet.  However, the minimum width for a window pit is 36 inches, and the pit would be supported by a retaining wall at least six inches thick, and would be surrounded by a guardrail if the pit is over 30 inches deep, and a ladder leading from the pit if the pit is over 44 inches deep (Exhibit G).  Further, the minimum passage width required at ground level to provide a safe exit way for occupants on the first floor is also 36 inches (Exhibit F).  The total of these required widths is six feet, six inches.  This means that a basement with a bedroom and window pits in the side yard effectively requires a minimum side yard setback of six feet, six inches to satisfy all Building Code exiting requirements.  In addition, side yard fences or walls are typically six inches or more in width, which further increases the effective minimum side yard to seven feet or more.  The minimum height above grade for a basement not to have to provide window pits for light, ventilation, and exiting, is approximately six feet (Exhibit H).  As noted above, staff believes that this is too high above grade to be credited as a true basement exempt from FAR, and it is the absolute maximum basement height permitted by the Building Code.

Staff notes that under the current Code requirements, a homeowner could construct a basement with the first floor level at six feet above grade.  However, such a basement would be included in the FAR.  Staff�s concerns about the aesthetics of such a basement and its effect on neighborhood character apply whether or not a basement is counted toward FAR.  However, staff believes that homeowners should still have the freedom to construct a basement in such a configuration if they so choose, but that they should not be rewarded for offending the neighborhood character by having that space excluded from the FAR calculation.  Staff believes that homeowners taking advantage of the opportunity to gain extra basement space without having it counted toward their FAR should be required to construct a house that is consistent with the predominant character in Burbank�s single-family neighborhoods.

Structure Above: Another concern with exempting basements from FAR is that some individuals may take advantage of the situation by building a semi-subterranean �basement� that extends beyond the limits of the main house.  Staff believes that any basement space exempted from FAR should be located beneath an enclosed living space that is counted toward FAR, such as the first floor of the house (Exhibit H).  This would prevent a homeowner from taking advantage of the FAR exemption and building an oversized basement that extended out beneath an open patio or deck, or into an open back yard area and provided excessive square footage.  Under the interim standards currently in place, this would also prohibit a basement excluded from FAR from being built beneath a garage.[2]  As noted above, staff believes that homeowners wishing to use the opportunity to have their basement exempted from FAR should be expected to build a house that is substantially in character with Burbank�s single-family neighborhoods.  Basements exempted from FAR should look and function as traditional basements.

Parking: As noted above, FAR serves a dual function of addressing both building massing and intensity of use.  Another development standard that is based upon intensity of use is parking.  Under the current Code, a house with a floor area greater than 3,600 square feet must provide three off-street parking spaces instead of the otherwise required two spaces.  Whether or not a basement is exempted from FAR, it is providing additional living space that could accommodate additional family members or guests.  Therefore, staff believes that basement space should be counted toward determining the required number of off-street parking spaces even if it is exempted from FAR.  This would ensure that the number of parking spaces provided is reflective of the potential intensity of use occurring in the house.

Accessory Structures: The Code limits the size of by-right accessory structures in the R-1 zone to 300 square feet.  Above that size, a conditional use permit is required.  The intent of this requirement is to control the intensity of accessory structures and uses on a property to ensure that there is no undue impact on neighboring properties.  If a homeowner elects to build a basement beneath an accessory structure, staff believes that the basement space should be counted toward the 300 square foot limit, even if the space is not counted toward FAR.  This would prevent a homeowner from taking advantage of the FAR exemption to build by right a 300 square foot accessory structure with a 300 square foot basement below.

Sloped Lots: On lots with substantial slope, staff acknowledges that the approach recommended in this report may not be practical.  Where the ground level on one side of a house is substantially lower than the level on the other side, a homeowner may be required to build the basement deeper into the ground than would the owner of a flat lot to ensure that the height limitation is satisfied for at least 50 percent of the house perimeter.  Staff notes that the Council directed staff to create revised development standards for the hillside area in conjunction with the revised Citywide R-1 standards.  Staff continues to study the issue of basements specifically for the hillside area and will bring forward recommendations on that issue in conjunction with the full set of proposed hillside standards.  However, there may be situations where lots outside of the designated hillside area have a substantial slope.  Staff therefore recommends that on lots where the grade change beneath the house structure is greater than ten feet, that the Building Code definition of basement be utilized as the threshold for FAR exemption.  This would allow the first floor level to be no more than six feet above the ground surface for at least 50 percent of the perimeter.  Because of the slope of the lot, the aesthetic impact of allowing the basement to rise up to six feet rather than two feet would be substantially decreased.

CONCLUSION:

Subject to the limitations presented in this report, staff is supportive of exempting true basements from FAR calculations.  As proposed by staff, an exempted basement would be mostly below grade and the house�s appearance would be substantially similar to a typical raised foundation house without a basement.  Exempting basements from FAR provides homeowners with an opportunity to gain additional living space, perhaps for use as a recreation room or other such space, without being penalized and having to sacrifice above-grade living space in order to meet the FAR requirement.

If the Council wishes to proceed with this change to the way basements are counted, a zone text amendment would be required.  The Zoning Ordinance specifies the manner in which FAR is calculated, and exempting basements would require a change to the current Code.  Because of the ongoing comprehensive study of all R-1 standards, staff recommends that any desired changes related to basements be handled in conjunction with the forthcoming update to all R-1 standards rather than being handled as a separate zone text amendment.  The issue of basements and FAR does not frequently arise, and staff does not believe there is any urgency to require that this matter to be addressed immediately.

RECOMMENDATION:

Staff recommends that the City Council note and file this report, and direct staff to exempt basements from FAR calculations in the proposed set of new R-1 development standards, subject to the following requirements:

• The finished floor level of the first floor may not extend more than 24 inches above the adjoining ground surface (as measured at a point five feet out from the exterior wall surface) for more than 50 percent of the perimeter of the structure.

• On lots with a grade difference of more than ten feet, the finished floor level of the first floor may not extend more than six feet above the adjoining ground surface (as measured at a point five feet out from the exterior wall surface) for more than 50 percent of the perimeter of the structure.

• The basement space exempted from FAR must be located directly beneath an enclosed space that is included in the FAR calculation (i.e. the first floor and not below an open patio, deck, or garage).

• The basement area is included in the total house square footage for the purposes of determining the number of required off-street parking spaces.

• The basement area in an accessory structure is counted toward the 300 square foot limitation on accessory structures before a conditional use permit is required.

Again, staff recommends that this issue be addressed in the comprehensive update of R-1 standards rather than being handled as a separate issue.  Staff is concerned that using a piecemeal approach to the new R-1 standards could result in unforeseen complications in developing and administering the new standards.  And as noted above, staff does not believe that this issue requires immediate attention.

LIST OF EXHIBITS:

Exhibit A          Ordinance No. 3646 adopted September 14, 2004

Exhibit B          Ordinance No. 3653 adopted October 26, 2004

Exhibit C          Diagram illustrating first floor height above grade

Exhibit D          Diagram illustrating basement determination for lots with a grade difference of

                          ten feet or less

Exhibit E           Typical site plan showing window pits for a basement without a bedroom

Exhibit F           Typical site plan showing windows pits for a basement with a bedroom and

                           required 36-inch exit path in side yard

Exhibit G          Diagram and table illustrating pit, ladder, and guardrail requirements for

                          basement exiting, light, and ventilation

Exhibit H          Diagrams illustrating required basement location and height for FAR exclusion

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