Interim ordinance eases rules for granny flats
The Burbank City Council adopted an urgency interim ordinance Tuesday regarding accessory dwelling units, known as granny flats, in light of the recent changes in state law regarding those structures.
Council members unanimously voted to approve a 45-day ordinance, during which time city staff will develop a more robust set of regulations on how accessory dwelling units can be built in the city.
Two state laws — AB 2299 and SB 1069 — amended the rules regarding granny flats to attempt to address the housing shortfall in California. Some of the updated regulations include allowing the conversion of garages into dwelling units, permitting dwelling units to be built above a garage and not allowing separate utility-connection requirements.
Additionally, the new regulations allow for an accessory dwelling unit to be built up to 1,200 square feet if detached or up to half of the main house or up to 1,200 square feet if attached, said Maciel Medina, an assistant city planner.
The state regulations went into effect at the beginning of this year. Cities’ laws regarding accessory dwelling units would default to the state’s rules unless municipalities adopt local ordinances that are still compliant with the state code, Medina said.
Understanding that some of the laws set forth by the state would not gel with Burbank’s neighborhoods, city staff suggested its own set of rules that would still be compatible with state law.
The City Council approved a maximum accessory dwelling unit size of 500 square feet, requiring that the square footage of the unit be applied to the property’s floor-to-area ratio, mandating a 5-foot setback from the back and side for detached units, implementing a covenant that requires the owner of the property to live in either the main house or granny flat and establishing no short-term rentals that are 30 days or less.
Fred Ramirez, the city’s assistant community development director, said that if someone decided to build a dwelling unit on top of a garage that is within 5 feet of the backyard and/or side yard, the dwelling unit still needs to be set back 5 feet from the backyard and side yard.
Additionally, council members agreed to allow single-story dwelling units, unless they are above a garage or part of the second story of a house; let property owners decide whether they want to have separate utility connections for their dwelling unit; and not allow granny flats in any R1-H-zoned area, which mainly pertains to the houses in the Rancho district that allow horses to be kept in those residential areas.
A few residents from the Rancho community and Councilwoman Emily Gabel-Luddy had concerns about allowing accessory dwelling units to be built in the backyards of those homes, where many of them keep their horses.
Medina said the rules approved on Tuesday are just there to buy staff more time to properly develop rules to address accessory dwelling units in the city. He added that the interim ordinance will be brought before the City Council again before the end of the 45-day period to determine if additional time is needed to vet the controls.
The City Council can ask for an additional 10 months and 15 days for the interim ordinance, if needed, Medina said.
anthonyclark.carpio@latimes.com
Twitter: @acocarpio
