Burbank | ADUs and SB 9

Burbank, California ADUs and SB 9: Accessory Dwelling Unit Sizes, Heights, Setbacks and Parking, the 2026 Ordinance Update, and SB 9 Second Homes in R-1

This page covers the two ways state law adds homes to a Burbank house lot: accessory dwelling units and SB 9. An accessory dwelling unit, or ADU, is a second home on a lot that already has or will have a main home. A junior ADU is a unit of 500 square feet or less inside a house. Burbank's ADU rules are in Division 3 of Article 6 of Title 10 and were last amended in 2023. The state housing department has asked the City to update them, and in July 2026 City staff told the Council they are processing ADU applications under state law. The Burbank overview has the summary.

A 2023 Ordinance and a 2026 Update in Progress

The ADU division was last amended by Ordinance No. 23-4,002, effective December 8, 2023. It still cites "Government Code Section 65852.2," the old number of the state ADU law. HCD's letter notes that SB 477 of 2024 "made changes to the numbering of the sections of the Government Code for State ADU and JADU Laws." Three City documents, read on the City's agenda system, explain where things stand.

• December 5, 2025. The state Department of Housing and Community Development, HCD, sent a letter of technical assistance. It says: "The most recent ADU ordinance on file for the City of Burbank" with HCD "is from 2020," and asks for a reply by January 4, 2026 with either a showing of compliance or "a plan and timeline to either repeal the current ordinance or adopt an amended, compliant ordinance."
• February 26 and April 3, 2026. The City sent HCD a draft ordinance, and HCD answered with a preliminary review that lists conflicts in the draft, among them how ADU floor area is measured.
• July 28, 2026. The staff report to the City Council explains that HCD now reads state law to require, on a house lot, "one ADU approved under the local ADU program in addition to up to two ADUs and one JADU" under Government Code 66323. Staff wrote that "a full buildout on an R-1 (single-family residential) zoned lot in the City could potentially result in four ADUs along with the primary single-family unit."
• The path staff chose. Of four options, "Staff is preparing an Ordinance reflecting Option #1," which would "eliminate its local ADU program" and keep the limits for the horsekeeping zone and the Very High Fire Hazard Severity Zone. The agenda records "MOTION: Provided Direction 5-0."
• What applies today. The same report says: "Currently, the City maintains its Local ADU Program and staff is therefore processing ADU applications consistent with State ADU Law."
• What has not happened. The City Council agendas from August 11 to October 13, 2026 and the Planning Commission agendas of August 24, September 28 and October 12, 2026 list no ADU ordinance. The Planning Commission agenda of September 14, 2026 was not published on the agenda system when this guide was written.

State law sets the consequence of an outdated ordinance. Government Code 66316: "If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article." Read the City text below as the local program on paper, and ask the Planning Division which standard it applies to your plans.

The City Text Beside State Law

Sources: Burbank Municipal Code 10-1-620.3; Government Code 66311.5, 66313, 66314, 66315, 66317, 66321, 66322, 66323 and 66333.

Where the City column is stricter than the state column, the statute controls. Five rows stand out: the number of ADUs on a house lot, the number of detached ADUs on a multifamily lot, how floor area is measured, the 90-day rental term, and owner occupancy for a junior ADU with its own bathroom.

Size, Height and Setbacks in the City Text

• Exemptions. "All new ADUs and additions to existing and permitted ADUs are exempt from compliance with the Floor Area Ratio (FAR), lot coverage, open space, or minimum lot size requirements noted in this Code unless otherwise specified herein." Floor area ratio is building floor area divided by lot area.
• Size. "All new attached and detached ADUs shall not exceed 850 square feet, except for an ADU with more than one bedroom shall not exceed 1,000 square feet." Measurement is "from exterior wall to exterior wall."
• Tall rooms count twice. A space "over 12 feet in interior height, shall count towards the total allowable square footage as if a second story were within the space," and attic or loft space over 5 feet high counts as well. HCD's review of the draft says area above 12 feet "is not livable space" under the statute.
• Covered porches. A covered balcony, porch or patio attached to the ADU counts toward its size; 25 square feet of cover over the main entrance is left out.
• Conversions. An existing accessory structure may become an ADU at the larger of the 850 or 1,000 square foot limit or "the square footage of the existing accessory structure," with "an expansion of not more than 150 square feet" for entry and exit.
• A size bonus for extra parking. For each parking stall beyond the minimum, "up to an additional 120 square feet will be added to the maximum size of one ADU on the lot," with a recorded deed restriction. HCD's letter says its handbook "Clarifies that ADU Law prohibits deed restrictions on ADUs."
• Height. A detached ADU "shall have a maximum height of 17 feet to any architectural features." An ADU over a detached garage may reach a 20-foot top plate and 23 feet overall. An attached ADU follows the R-1 height table.
• Setbacks. "any new attached or detached ADUs must have a minimum setback of 4 feet to the rear property line and 4 feet to the side-yard property line." A converted garage keeps its existing setback.
• Front yard. A new ADU may not sit in front of the prevailing front yard line, unless it is "physically infeasible to construct an 800 square foot ADU on other areas of the lot with at least a 2-foot side and rear setback."
• Separation. New ADUs keep "a 5-foot linear separation" from other buildings and 4 feet between eaves.
• Design. A converted garage loses its garage door. The main entrance of a detached ADU visible from the street faces the same way as the house entrance or a side property line. Mechanical equipment is ground mounted or in an enclosed attic.

Parking, Fees, Renting and Selling

• Parking. "Required parking for an accessory dwelling unit shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less." The space may be uncovered, tandem (one car behind another) or on a mechanical lift, and may sit in a setback.
• No parking in six cases. Within one-half mile walking distance of public transit; in an architecturally and historically significant historic district; when the ADU is part of the main home or an existing accessory structure; when on-street permits are required and not offered to the occupant; within one block of a car share vehicle; and when scaled plans prove no feasible location.
• Garage conversions. When a garage or carport "is demolished in conjunction with the construction of an ADU or is converted into an ADU, replacement parking for the main dwelling unit shall not be required."
• Driveways. A driveway kept for parking after a front garage is converted must fit stalls 18 feet deep and 8 feet 6 inches wide, or the driveway and curb cut are removed.
• Impact fees. "An ADU under 750 square feet shall not be charged development impact fees. An ADU greater than 750 square feet may be charged development impact fees." Section 10-1-2204 exempts "accessory dwelling units up to 750 square feet." The statute exempts 750 square feet "or less" of interior livable space.
• Utilities. An ADU that is not inside existing space "may be required to obtain a new or separate utility connection as determined by standards adopted by Burbank Water and Power or the Public Works Department."
• Renting. "ADUs and Junior ADUs, which are rented, shall be rented for terms longer than 90 days." Government Code 66315 lets a city require "rentals of terms 30 days or longer."
• Selling. "Any ADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence." State law lets a city choose to allow ADUs to be sold as condominiums; the July 2026 report says this "is not recommended at this time."
• Fire sprinklers. "The installation of fire sprinklers will not be required in an ADU if sprinklers are not required for the primary dwelling unit."

Junior ADUs, Multifamily Lots and Two Restricted Areas

• Junior ADU. "The size of a Junior ADU is limited to no more than 500 square feet." It "must be constructed within the existing walls of the existing or proposed single-family residence or attached garage," with its own entrance and an efficiency kitchen. "Lots with multiple detached single-family structures are not eligible to have Junior ADUs."
• Owner occupancy. The City text: "A Junior ADU requires owner-occupancy." Government Code 66333, amended effective January 1, 2026: "Owner-occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities." The statute controls.
• Multifamily lots. The City defines a multifamily structure as one "with two or more dwelling units." Its text allows "No more than two (2) ADUs" detached from the building, and conversions of storage rooms, garages and similar space "limited to 25% of the existing multifamily dwelling units." Government Code 66323 allows "not more than eight detached accessory dwelling units" on a lot with an existing multifamily building, up to the number of existing units.
• Mountain Fire Zone. On R-1 and R-1-H lots in "the City's designated Mountain Fire Zones as noted in the City's General Plan Safety Element," the text allows "No more than one ADU no greater than 800 square feet or one Junior ADU no greater than 500 square feet," with brush clearance.
• R-1-H horsekeeping zone. "No more than one ADU or one Junior ADU is allowed on R-1-H zoned properties," and no new construction except conversion of a permitted garage, a permitted guest dwelling or space inside the main house, and additions "outside of the rear 35 feet of the lot."
• Both limits yield to state law. The fire zone rule opens "Unless otherwise required by state law," and the horsekeeping rule applies unless "otherwise required by state law." The July 2026 report says of keeping them: "there is a risk that HCD could determine that the ordinance remains inconsistent with State ADU Law." Ask the City how it treats an application for a detached 800 square foot ADU in either area.

SB 9: a Second House in R-1

Section 10-1-608.1, added by Ordinance No. 24-4,010 and effective March 29, 2024, carries out Government Code 65852.21, the two-unit half of SB 9. Table 10-1-602 marks the use "S," allowed "When required by State preemption law." The City calls the added home an "SB 9 - Second Single-Family Dwelling." It may be attached to the first house or detached.

Source: Burbank Municipal Code 10-1-608.1.

• Which lots qualify. The project may not demolish or alter housing with restricted rents, housing under rent control, or "Housing that has been occupied by a tenant in the last three years, from the date that an application is submitted." Land withdrawn from rental under the Ellis Act in the last 15 years is excluded, as are the hazard and habitat sites of Government Code 65913.4.
• Four units at most. The SB 9 home "is in addition to the First Single-Family Dwelling and any other Dwelling Units that may be permitted on the property," and "in no event are more than four (4) Dwelling Units permitted on the property."
• An older second house blocks it. A note to Table 10-1-602 prohibits the SB 9 home where the lot already has a first house and an additional house "that was approved by a Conditional Use Permit."
• After a lot split. A lot created by an urban lot split may have "no more than one (1) existing Dwelling Unit" when an SB 9 home is added. See the lots and subdivisions page.
• Design. A converted garage loses its garage door, and the entrance of a detached home visible from the street faces the same way as the first house or a side property line.

Where the SB 9 Text and the Statute Differ

Government Code 65852.21 was last amended effective June 30, 2026. The City section says that where it conflicts with state law, "state law will control over the conflicting provision."

• Grounds for denial. The City allows denial for an impact "upon public health and safety or the physical environment." The statute names an impact "upon public health and safety."
• Historic districts. The City excludes a project "located within a historic district." The statute now excludes "A contributing structure within a historic district" and a parcel individually listed as a historical resource.
• Rear second story. The City asks a second story to step back 15 feet from the rear line. The statute says a city "may require a setback of up to four feet from the side and rear lot lines."
• Deadline. The City section states no number of days. The statute: an application "shall be considered and approved or denied within 60 days," and after 60 days "the application shall be deemed approved."
• Size. Both texts protect a home of 800 square feet: the statute bars standards that "would physically preclude either of the two units from being at least 800 square feet in floor area."

Limits of This Page

The City website, burbankca.gov, answered 403, so the City's ADU handouts, application forms, pre-approved plans and fee schedule were not read. No ADU or SB 9 application fee is given here. The draft ADU ordinance of February 26, 2026 was not read; this page knows it only through HCD's review. The General Plan Safety Element map of the Mountain Fire Zone and the fire hazard severity zone map were not read. The code is stated to be current through Ordinance 26-4,038, passed February 24, 2026. Because the City is rewriting these rules, ask the Planning Division whether a newer ADU ordinance is in force.

Where to Go Next

Related on VanPlex: the Burbank overview, the California ADU law page and the California SB 9 page.

Frequently Asked Questions

Official sources (checked October 2026)