Amending Definitions Related to Residential Uses

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The Burbank City Council was considering a Zone Text Amendment that would modify the definitions for certain types of residential uses (e.g., supportive housing, boarding house, hotel/motel, etc.). These changes were requested by the City Council at their meeting on April 1, 2014

In 2014-2016, work was underway to follow-up on tasks required of the City under the provisions of the adopted Housing Element.  Some of those tasks dealt with compliance with State and Federal requirements as it relates to different types of housing for different types of people that must be allowed in Single Family neighborhoods.

During this period of time, with the assistance of outside legal counsel, Barbara Kautz, a two-phase approach was developed in consultation with the community.

  1. Phase 1.  Revise definitions in the zoning code to meet current housing law requirements and to address, where possible, strengthening definitions to make clear the city’s opposition to boarding houses and short-term rentals and modify the list of permitted uses to reflect these changes..
  2. Phase 2.  Investigate and propose, where feasible, new ordinances or guidelines, which address issues of concern with respect to the operating characteristics of unlicensed (but legal) care facilities in single family neighborhoods.

As you may be aware, the Council considered and introduced an ordinance on June 24, 2014, revising definitions as part of Phase 1.  This ordinance was never adopted because of questions raised by the California Department of Housing and Community Development (HCD), who oversees certification of Housing Elements and their implementation.  Staff and Ms. Kautz worked with HCD and refined the definitions to answer HCD’s concerns.  The purpose of this Community meeting is to share with you the revised definitions and permitted uses, receive input and make further refinements, if necessary.   We hope this spring to bring a new ordinance forward to the Planning Board and then to City Council as the conclusion of Phase 1.

A Community Meeting was held on March 24, 2016, that included information about what the City can and cannot prohibit under Federal and State housing law, what the proposed definitions will accomplish, and how the definitions will be considered by the Planning Board and the City Council. 

Potential Revisions to Municipal Code Title 10 Zoning Regulations

Residential Definitions

BMC Section 10-1-203: Definitions (CLICK HERE for a printable copy)

BOARDING HOUSE (Existing): Means a building containing a single dwelling unit, where lodging with or without meals is provided for compensation.

BOARDING HOUSE (2014 Ordinance): Means a building where lodging for a period of at least 30 days in provided for compensation, where residents are not living as a single common household (see definition of “Family”). Boarding houses are prohibited in all residential zones.

BOARDING HOUSE (2016 Ordinance): Means a building where lodging for a period of at least 30 days is provided for compensation for residents under separate rental agreements or leases, whether written or oral, and where the residents are not living as a single housekeeping unit. Community care facilities, whether licensed or unlicensed, are not boarding houses. Boarding houses are prohibited citywide.

CLICK HERE for proposed draft changes to the Zone Use List.

For additional information, please contact Planning Division staff at (818) 238-5250.

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 City Council Public Hearing - Definitions for Residential Uses
Tuesday, June 24, 2014
City of Burbank Council Chambers
275 East Olive Avenue
6:00 PM

You can find the staff report and exhibits realted to this item by clicking on the links below:

Staff Report
Exhibit A
Exhibit B
Exhibit C
Exhibit D

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Community Meeting - Residential Uses

The City of Burbank hosted a community meeting on Thursday, May 15, 2014, to discuss changes proposed to the definitions for certain types of residential uses (e.g., supportive housing, transitional housing, boarding house, etc.) These changes were requested by the City Council at their April 1, 2014, meeting. Input from attendees was forwarded to the Planning Board, who considered the changes at a public hearing on June 2, 2014

 

DRAFT DEFINITIONS

Below are some of the existing definitions related to residential uses, as well as draft changes to those definitions. Existing definitions may also be found in Title 10 of the Burbank Municipal Code. These were made available at the Community Meeting held on May 15, 2014, for discussion by the public.

(EXISTING) BOARDING HOUSE: Means a building containing a single dwelling unit, where lodging with or without meals is provided for compensation. 

(PROPOSED) BOARDING HOUSE:  Means a residence where lodging for a period of at least 30 days is provided for compensation by residents.

(EXISTING) FAMILY: Means a group of persons who maintain a single common household, but who otherwise are not a Community Care Facility (whether licensed or unlicensed) as defined herein. 

(PROPOSED) FAMILY:  Means a person or a group of persons who maintain a single common household that:

         1.  allows common access to, and common use of all living and eating areas, and all areas and facilities for the preparation and storage of food within the dwelling;

          2.  has no more than two (2) leases or rental arrangements, oral or written, which serves to rent out portions of the dwelling;

            3.  shares housekeeping and household expenses;

            4.  has no limits on length of residence; and

       5.  new residents are selected by all existing adult members of the household; no real estate manager, landlord, or other third party that is not a member of the household shall select new residents that will share the dwelling.

(EXISTING) HOTEL: Means a building, or portion thereof, containing public guest or dormitory rooms without cooking facilities, used or designed to be used by guests for compensation. 

(EXISTING) MOTEL: Means one (1) or more buildings with motor vehicle parking space conveniently located near each unit, containing individual sleeping units used temporarily by automobile tourists or transients. 

(PROPOSED) HOTEL/MOTEL: Means a commercial establishment or private residence that provides guests with overnight accommodations, that do not exceed 30 days, in exchange for monetary compensation. Commercial uses, meeting areas, dining areas, and other guest facilities that are open to both patrons and the general public may be included. Individual guest rooms may include cooking facilities. Examples of hotel uses include extended stay hotels, short term rentals, vacation rentals, and bed and breakfasts. Hotel/motel uses of any kind are not permitted in residential zones.

(EXISTING) SUPPORTIVE HOUSING: Means permanent housing with no restriction on length of stay, which is linked to onsite or offsite services that help residents retain housing, improve their health status, and, when possible, obtain employment. Such services must be ancillary to the supportive housing and available only to people residing onsite and may include, but are not limited to, childcare, after-school tutoring, life skills training, and job training. Supportive housing may have a unit for an on-site manager. Supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. 

(PROPOSED) SUPPORTIVE HOUSING:  Has the same meaning as defined in Government Code Section 65582(f) and (g), and as amended from time to time.

(EXISTING) TRANSITIONAL HOUSING: Means a dwelling unit or group of dwelling units for residents in immediate need of temporary housing. Each unit will be available to eligible residents for a minimum of six months and a maximum of 24 months. Transitional housing may have a unit for an on-site manager. Transitional housing must be linked to onsite or offsite programs such as childcare, after-school tutoring, career counseling, and other services that assist residents in finding permanent housing. Transitional housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. 

(PROPOSED) TRANSITIONAL HOUSING:  Has the same meaning as defined in Government Code Section 65582(h) and as amended from time to time.

 

You may view a staff report and exhibits related to Code Compliance in Burbank by clicking the links below. These were presented at the City Council hearing of February 25, 2014.

Staff Report - February 25, 2014
Exhibit A - February 25,2014
Exhibit B - February 25, 2014
 

Click here to view a presentation about Community Care Facilities by Barbara Kautz (March 31, 2014)

 

For additional information, please contact Planning Division staff at (818) 238-5250.

 

 

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