ADU rules in Burbank, CA โ also called accessory dwelling unit regulations or granny flat ordinances โ cover setbacks, owner-occupancy, parking, and permit requirements.
Burbank permits accessory dwelling units ministerially in all residential zones (R-1, R-2, R-3, R-4, MDR-3, MDR-4, R-1-H) under BMC 10-1-620.3, capping detached and attached ADUs at 850 square feet (1,000 with more than one bedroom) and a junior ADU at 500 square feet, with 4-foot side and rear setbacks.
Ordinance No. 23-4,002 (effective December 8, 2023) amended Burbank Municipal Code Section 10-1-620.3 to align the City's accessory dwelling unit (ADU) and junior accessory dwelling unit (Junior ADU) standards with California Government Code Section 65852.2. Applications deemed complete for ADUs and Junior ADUs on lots with existing single-family or multifamily dwellings must be approved or denied ministerially within the 60-day review period required by state law. ADUs and Junior ADUs are a permitted use in the R-1, R-2, R-3, R-4, MDR-3, MDR-4, and R-1-H zones, and where required by state preemption (Gov. Code 65852.2(e)) on any lot with an existing or proposed single-family or multifamily dwelling. New attached and detached ADUs may not exceed 850 square feet, except an ADU with more than one bedroom may reach 1,000 square feet; a Junior ADU is limited to 500 square feet and must be created within the existing walls of the single-family residence or attached garage. New attached ADUs follow the height limits of BMC 10-1-603(A); detached ADUs not built atop a garage are capped at 17 feet (18 feet, plus up to 2 feet for a matching roof pitch, near a high-quality transit corridor or major transit stop), and an ADU built atop a detached garage or accessory structure may reach a 20-foot top-of-plate height (23 feet to architectural features). New ADUs require a minimum 4-foot setback from the rear and side property lines. Required parking may not exceed one space per ADU or per bedroom, whichever is less, and is fully waived when the ADU is within one-half mile walking distance of public transit, is part of an existing structure, is in a historic district, or where on-street parking permits are not offered to the ADU occupant. Pursuant to Government Code Section 65852.2(a)(8), Burbank does not impose owner-occupancy on ADUs. ADUs may be rented (terms longer than 30 days, and not as short-term rentals of fewer than 90 days) but may not be sold or conveyed separately from the primary residence.
Under BMC 10-1-620.6, willfully providing a false statement, or failing to provide a required statement, under Section 10-1-620.3 is a misdemeanor. A violation of any provision of the ADU section is a misdemeanor carrying a penalty of at least $100 per day for a first violation, a minimum of $500 per day for a second violation, and a minimum of $1,000 per day for any further violation, and does not preclude probation or other terms or conditions.
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