City of Burbank
All You Need to Know About Building on Properties in Burbank Under SB-9
Using SB-9 for real estate development in Burbank City is a smart way for homeowners to get money to pay down their loans or, if they have extra funds, to add more units. This can provide rental income or space for extended family while still living in the main house. To make an SB-9 project successful, start by learning the eligibility requirements, how the rules apply to your property, and which SB-9 option is best for your Burbank City property.
What is SB-9 and how does it apply to the properties in Burbank City?
What is SB-9?
Senate Bill 9 (SB-9) aims to streamline the approval process for certain housing projects in California. It directs local governments to fast-track the approval of these initiatives through a different method, bypassing lengthy environmental reviews (CEQA), Conditional Use Permits, or similar discretionary approvals from entities such as the Planning or Historic Preservation Commissions. Engaging in this program is optional and contingent upon fulfilling specific requirements.
How does SB-9 apply to properties in Burbank?
In Burbank, SB-9 allows homeowners to divide their single-family lots into two and build two residential units on each lot. This means single-family properties can be converted into duplexes, helping to create more housing opportunities.
What can homeowners build under SB-9 or Burbank’s HOME Act?
Urban Lot Split under SB-9
An urban lot split under SB-9 allows property owners to divide a single-family zoned property into up to two new lots.
Under this option, you could have the following unit configurations:
Not sure if your property is located in a Single-family zoned area?
Two-Unit Housing Development under SB-9
A two-unit housing development under SB-9 involves constructing two housing units on a single-family lot or adding a unit to an existing dwelling.
Under this option, you could have the following unit configurations:
How large can each new unit be, and how many can you have per lot?
In Burbank, SB-9 regulations limit the size of primary dwelling units to approximately 800 square feet. In contrast, California State's SB-9 offers more flexibility, with no restrictions on unit size.
A lot created through an urban lot split accommodates two units, which may include ADUs and JADUs.
What are the setbacks?
Setbacks are the required distances between buildings and property lines:
- For the sides of the lot and sides facing the street, a minimum setback of 4 feet is required.
- No setback is needed if the new structure is the same as an existing one in terms of location, dimensions, and envelope.
- The Primary Dwelling Unit should maintain at least a 15-foot setback from the rear property line, while the Second Primary Dwelling Unit can be as close as 4 feet from the rear line.
What is the parking requirement under SB-9?
Each primary dwelling unit is required to have at least one off-street parking space. However, this requirement does not apply if the parcel is within a half-mile walking distance of a high-quality transit corridor or major transit stop.
What are the lot constraints under SB-9?
Minimum Lot Area: Each new parcel should be at least 40% of the original parcel's size, with a minimum of 1,200 square feet for each new lot.
Minimum Lot Width: Each new parcel should be at least 40% of the width of the original parcel, or at least 25 feet, whichever is larger.
Minimum Frontage: Each new parcel should have a frontage of at least 40% of the original parcel's frontage, or at least 25 feet, whichever is greater.
Development Analysis calculates the max size under SB-9 for the highest return.
Who and which properties are eligible for SB-9 or the HOME Act?
Which zoning designations are eligible for SB-9?
Properties eligible for SB-9 are located in residential zoning districts, such as zones R-1 and R-1-H.
Can you disregard the environmental restrictions on the lot?
No, environmental restrictions should be followed. Properties in sensitive areas, like wetlands, and hazardous waste sites unless cleared for residential use, floodways, conservation zones, or habitats for protected species, are not eligible for SB-9 development.
Can you bypass the Historical Preservation limitations?
No. Projects should follow Historical Preservation limitations unless the property is verified as outside a historic district or not listed as a city, county, or state landmark. This preserves cultural heritage, but it may limit potential developments in historic areas.
Is it allowed to demolish an affordable unit?
No, SB-9 prohibits demolishing or altering affordable housing units for moderate, low, or very low-income households.
Is it allowed to build on a property in Coastal Zones?
No, developments in coastal zones are not allowed under SB-9. While coastal zones remain safe from potential overdevelopment, this limitation can reduce housing availability in popular waterfront locations.
Is it allowed to build in High-Risk Areas?
Possibly, but only if certain regulations are followed:
- Fire Hazard Zones: Development is allowed if fire protection standards are met in very high fire hazard severity zones.
- Earthquake Fault Zones: Construction is possible if it complies with seismic building codes.
- Flood Hazard Areas: Development can occur if it meets federal flood criteria for special flood hazard areas.
What are the limitations after completing a project using SB-9?
Does the homeowner need to reside on the property?
Yes, the homeowner should sign an affidavit confirming their intention to live in one of the new housing units as their primary residence for at least 3 years after the urban lot split is approved. There are exceptions for applicants associated with community land trusts or qualified nonprofit organizations.
What are the rental regulations?
In the City of Burbank, any unit developed under SB-9 should be rented for at least 30 consecutive days.
Are existing tenants’ rights protected?
Yes, the rights of existing tenants are protected. The regulations prevent the demolition or alteration of properties where tenants have lived within the past 3 years. Additionally, the plan limits structural changes, disallowing the demolition of more than 25% of existing exterior walls.
Can condominiums be proposed as part of my Urban Lot Split application?
No, SB-9 does not permit condominiums as part of an Urban Lot Split application. Instead, it allows homeowners to divide a single-family lot into two and construct up to two units on each, totaling four units.
Condominiums require a different ownership structure and involve more complex processes, including fees, environmental assessments, public hearings, and appeals, which are not part of SB-9's streamlined process.
What is the difference between SB-9 and SB-684?
SB-684 is a newer bill than SB-9 that simplifies the process for developing up to 10 units on urban lots under 5 acres. While SB-9 focuses on single-family lots, SB-684 is relevant for properties located in multi-family zones or for vacant lots within single-family zones. A benefit of SB-684 is its lack of ownership restrictions that SB-9 requires after the construction is completed.
Below we compared SB-9 and SB-684 for you to understand the development framework outlined by each bill.
How to get permits under SB-9 or the HOME Act?
Does SB-9 projects qualify for a ministerial approval process and what does it mean?
Yes, SB-9 projects can receive ministerial approval, which simplifies the development process by adhering to established criteria. This approach eliminates subjective judgments, reducing delays in obtaining permits. It allows for permits to be issued without extensive CEQA reviews or public hearings. However, even with this expedited process, the final approval for a lot split may still take as long as 1.5 years.
What are objective standards?
“Objective zoning standards”, “objective subdivision standards”, and “objective design review standards” are measurable criteria set by the city to maintain consistency in the assessment of development projects. These standards rely on specific, external benchmarks instead of subjective opinions from public officials. By being accessible to both developers and officials, these criteria provide a clear and predictable evaluation process.
What types of objective standards qualify for a waiver under SB-9?
Objective standards under SB-9 can be waived if they would hinder the construction of up to two units or if they would lead to a unit being smaller than 800 square feet.
What are the steps to get the permits?
To get permits for SB-9 developments, property owners should follow these steps:
1. Ensure Design Compliance: Verify that the primary dwelling unit meets all design standards for single-family homes in the zone. This includes checking site layout, floor plans, building elevations, and architectural details.
2. Submit Application: Prepare and submit a detailed application with all required documents and fees. This typically includes architectural drawings, proof of eligibility, and completed forms.
3. Verify Eligibility: Provide evidence showing that you meet all eligibility criteria, such as plans to occupy the unit and compliance with specific conditions outlined in the regulations.
4. Get Approval from the Community Development Department: The Community Development Department will review your application to ensure it meets all regulations and standards. If everything is in order, they will approve.
How fast can you complete a project per SB-9?
This information outlines the different phases of the project along with their respective durations.
Feasibility Study with deciding the final scope of the project:
- Maximum of 3 days using CityStructure Analysis
Secure Financing: 2 to 3 weeks
Hiring the Team: 2 weeks
Design Process:
- Schematic Design: 1-2 months
- Permit Set / Design Development Drawing Set: 2-3 months
- Construction Drawing Set: 2-3 months
Entitlements and Building Permits: 6 to 9 months with the possibility of extending further due to departmental backlogs
Construction:
- Lot Split only: 1 year
- Single Family House/Duplex: 1 year
- Accessory Dwelling Unit (ADU): 3 to 6 months
How much does an SB-9 project cost?
This analysis will examine two scenarios to evaluate expected expenses, property valuations, and potential profits for real estate projects.
Scenario 1
New 4,000 sq. ft 3-Story Duplex + 1,000 sq. ft ADU
In the first scenario, we propose constructing a 4,000-square-foot, three-story duplex with a 1,000-square-foot Accessory Dwelling Unit (ADU). The total estimated cost, covering construction, permits, and professional fees (excluding land costs), is $2,152,206. In Burbank, the anticipated market value of the completed property is around $4,250,000, leading to an ROI of [($4,250,000 - $2,152,206)/$2,152,206]*100 = 97%
Scenario 2
Lot Split with 2 new 4,000 sq. ft 3-story Duplexes
In the second scenario, we plan to subdivide a lot and build two new 4,000-square-foot, three-story duplexes. The projected total investment for this development is $3,427,624, excluding land acquisition costs.
In Burbank, the estimated market value for these duplexes is $6,800,000, resulting in an ROI of 98%.
Conclusion:
SB-9 projects in the City of Burbank show a strong return on investment, making it a practical location for real estate development.
See how much it will cost you to improve your property per SB-9
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