Initiation of Zoning Code Amendments
Accessory Dwelling Units (ADU) and Junior
Accessory Dwelling Units (JADU)
City Council| July 30, 2024
Overview – ADUs and JADUs
• 2017 – Zoning Standards First Established
• GMC Section 30.34.080
• Ministerial Approval Required
• Limited Standards Apply
• 2022 – Most Recent Update - Ordinance No. 5997
• 2023 – HCD Letter to City
• 16 General Areas Identified that Conflict with State Law • June 2024 – HCD Notice of Violation
• Ordinance Adoption by November 2024
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HCD Letter – December 2023
1. Dwelling Unit Size
2. Where JADUs are Permitted
3. ADUs in Proposed Multi-Family
Development
4. Size Limits on Attached ADUs
5. JADUs and Development Standards
6. Accessory Living Quarters*
7. Street-Front and Street-Side Setback
8. JADUs and Short-Term Rentals
9. JADUs and Separate Sales
10. Unit Mix – Number of ADUs Allowed*
11. Architectural Compatibility*
12. ADUs Above a Detached Garage*
13. ADUs in Proposed Multi-Family
Development (Similar to #3)
14. Parking
15. Covenant and Agreement Requirements
16. JADUs and Owner Occupancy
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Overview – Initiation of Amendments
• Majority of HCD Claims - Clarifying Amendments in Zoning Code Required
• Seeking Council Direction in 4 Areas
• Accessory Living Quarters
• Unit Mix – Number of ADUs Allowed
• Architectural Compatibility
• ADUs Above a Detached Garage
• Gov’t Code § 66326 – Findings Required for Areas Where City Disagrees with HCD
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Accessory Living Quarters
Current Code
• Prohibits both an ADU and
Accessory Living Quarters On a
Property
• “R” Occupancy – Guest House,
Pool House, Recreation Room,
etc.
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HCD Claim
• No Language in State Law with
Prohibition
• Includes Choice of ADU Type
• Attached to or Conversion of
Primary Building or Accessory
Structure
Accessory Living Quarters
Staff Recommendation
• Not in Violation of State Law
• Keep the Language As-is
• Prepare the Required Findings
under Gov’t Code § 66326
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Alternative
• Amend Zoning Code to Omit
this Prohibition.
• Allows an ADU and Accessory
Living Quarters on a Site.
• Consider Placing a Limit on the
Number of Accessory Living
Quarters Allowed
Unit Mix – Number of ADUs Allowed
Current Code
• Single-Family Entitled to:
• 1 ADU (conversion or new) and
• 1 JADU
• Multi-Family Entitled to:
• 2 New Construction ADUs or
• Conversion – 1+25% of existing
number of units
Example: 4-unit Apartment Building
25% of 4 is 1 – Entitled to 2 Conversions
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HCD Claim
• Single-Family Entitled to:
• 2 ADU (conversion and new) and
• 1 JADU
• Multi-Family Entitled to:
• 2 New Construction ADUs and
• Conversion – 1+25% of existing
number of units
Example: 4-unit Apartment Building
25% of 4 is 1 – Entitled to 2 Conversions
and 2 New Construction ADUs
Unit Mix – Number of ADUs Allowed
Staff Recommendation
• Legislative History (AB 68 and
AB 881) – Intent is Clear
• Not in Violation of State Law
• Keep the language as-is
• Prepare the Required Findings
under Gov’t Code § 66326
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Alternative
• Amend Zoning Code to Allow
the Unit Mix.
• Single-Family – 4 Units
• Existing Residence, 2 ADU, 1 JADU
• Multi-Family – At least 3 Units
• Depends on # of existing units for
conversion
• Previous Example – Ex. 4 Units,
allowed 4 ADUs = 8 Units
Architectural Compatibility
Current Code
• Must Be Architecturally
Compatible with Primary
Residence
• Must Use Matching or
Complementary Building
Materials
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HCD Claim
• City’s Requirements are
Subjective / Vague
• State Law Requires Objective
Design Standards
Architectural Compatibility
Staff Recommendation
• Omit References to Architectural
Compatibility in Zoning Code
• Develop Objective Design
Standards
• Façades Directly Facing the Street
• Second-Story Additions
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Alternative
• Do Not Develop Objective
Design Standards
• Historic Properties – Keep This
Exception
• Changes Prohibited if Visible
from the Public Realm
ADUs Above a Detached Garage
Current Code
• New Construction ADUs
Prohibited Above a Detached
Garage or Carport
• Amended in 2020 by Council in
Response to an Increase in
Resident Complaints
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HCD Claim
• City Must Allow ADUs Attached
to a Detached Garage
• HCD suggests “Attached” in
State Law includes “Above” or
“On Top Of”
ADUs Above a Detached Garage
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Staff Recommendation
• Not in Violation of State Law
• “Attached” does not mean
“Above” or “On Top Of”.
• Keep the language as-is
• Prepare the Required Findings
under Gov’t Code § 66326
Alternative
• Amend Zoning Code to Allow
ADU Above a Detached Garage
or Carport
• Objective Design Standards Can
Be Considered to Minimize
Impacts
Where JADUs are Permitted
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• Current Code:
JADUs are allowed on properties with a single-family use, regardless of zoning. • HCD Claim:
State law allows JADUs in single-family zones only.
• Staff Response:
Intent to be fair and equitable to the many single-family use properties in the City.
Amend the Zoning Code to Prohibit JADUs outside of Single-Family Zones Recommendation
That the City Council Provide Direction Regarding Amendments to Title 30 of the GMC Related Generally to Zoning Development Standards for ADUs and JADUs.
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#MyGlendale
15 Junior Accessory Dwelling Units (JADU)
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• Where JADUs Are Permitted
HCD Claim: JADUs are not Allowed in Multi-Family Zones
Staff Response: GMC Allows JADUs on Single-Family Use Properties Proposed: Amend the Zoning Code to Prohibit JADUs outside of Single-Family Zones • Development Standards
HCD Claim: GMC Missing Proper Exception for JADUs and Zoning Development Standards Staff Response: GMC Includes Language for Exception
Proposed: Clarify Language to Include Citation of Specific Code Section • Short-Term Rentals
HCD Claim: City cannot Restrict Rental Terms for JADUs
Staff Response: City Concedes This Point
Proposed: Amend the Zoning Code to Remove Restriction on JADU Rental Terms Junior Accessory Dwelling Units (JADU)
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• Separate Sales
HCD Claim: Clarification Required that Separate Sales of JADUs Prohibited Staff Response: GMC Already Includes References to State Law Proposed: Amend the Zoning Code to Clarify Prohibition of JADU Sales • Owner Occupancy
HCD Claim: Property Owner Required to Reside in JADU or Residence Staff Response: Current Code Requires Whole Property to be Rented if Owner Does Not Live There
Proposed: Amend the Zoning Code to Reflect Owner Occupancy Restrictions in State Law
Clarifying Language Recommended
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• Dwelling Unit Size
HCD Claim: Minimum Dwelling Unit Sizes are More Restrictive than State Minimums Staff Response: Applies to Standard Dwelling Units in Multi-Family Development Proposed: Add a Clarifying Statement that ADUs and JADUs are not Included • ADUs in Proposed Multi-Family Development
HCD Claim: Glendale Prohibits ADUs in Proposed Multi-Family Developments Staff Response: Oversight in the Zoning Code, but Currently Practiced Proposed: Amend Language to Clarify ADUs Permitted in Proposed Multi-Family Developments
Clarifying Language Recommended
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• Size Limits on Attached ADUs
HCD Claim: New Construction Attached ADUs Limited to 50% of the House SF Cannot Preclude Mandatory ADUs (800 SF)
Staff Response: City Abides by this Requirement for Mandatory ADUs Proposed: Add a Clarifying Statement that the 50% Restriction Does Not Apply to Mandatory ADUs
• Street-Front and Street-Side Setback
HCD Claim: City Must Allow Mandatory ADUs in Street Setback Areas Staff Response: Current Language Already Allows This for Single-Family, Oversight in Language Excluding Multi-Family
Proposed: Amend Language to Clarify that this Includes the Mandatory ADUs in Multi- Family
Clarifying Language Recommended
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• Parking
HCD Claim: No Parking Required for an ADU when Part of Proposed Single- or Multi- Family Development
Staff Response: City Oversight Excluded Exception
Proposed: Amend the Parking Exception for ADUs
• Covenant & Agreement Requirements
HCD Claim: Deed Restrictions Not Required for ADUs, only JADUs and with Limitations Staff Response: City Concedes this Point
Proposed: Amend Language to Omit C&A Requirement for ADUs