STATEMENT ON MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY OF GLENDALE On October 3, 2025 (“Effective Date”), the City of Glendale (the “City”) entered into a Memorandum of Understanding (“MOU”) with the California Department of Housing and Community Development, a public agency of the state of California (“HCD”), in response to findings contained in a Notice of Violation (“NOV”) with respect to certain challenged provisions of its ordinance governing the requirements and standards contained in the Glendale Municipal Code (“GMC”) governing the construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) contained in GMC Section 30.34.080 (“ADU ordinance”).
Though the City maintains it is not in violation of State ADU Law, for avoidance of litigation or enforcement action by HCD, the City agreed in the MOU to bring forth amendments to the challenged provisions to address HCD’s NOV, by the first quarter of 2026.
In exchange for HCD forbearing from enforcing its NOV during the time the City is working to bring forth amendments to its ADU ordinance, the City agreed to the following:
1. Prior to and no later than January 15, 2026, the City shall submit a draft amended ADU ordinance to HCD. Within 15 business days of such submittal, HCD shall provide written findings to the City.
2. Prior to and no later than March 31, 2026, the City shall agendize at a City Council meeting introduction of an ordinance to amend its ADU ordinance, currently contained in Glendale Municipal Code section 30.34.080, and shall agendize at the next regularly scheduled City Council meeting a vote on adoption of the ordinance, to explicitly permit and not otherwise penalize the following types of ADUs as long as they are otherwise in compliance with State ADU Law:
a. ADUs above detached garages;
b. Detached ADUs on a property containing an accessory living quarters; c. Unit mixes on a single-family lot wherein a unit or units permitted under Government Code section 66323, subdivision (a)(1), are paired with an ADU permitted under Government Code section 66323, subdivision (a)(2). d. Unit mixes on a multifamily lot wherein a unit or units permitted under Government Code section 66323, subdivision (a)(3), are paired with a unit or units permitted under Government Code section 66323, subdivision (a)(4).
3. If the Glendale City Council adopts an amended ADU ordinance, HCD reserves the right to review the amended ADU ordinance to determine its compliance with State ADU Law. HCD shall conduct its review of an amended ADU ordinance within 30 days of adoption. If HCD finds that the amended ADU ordinance is noncompliant with State ADU Law, it will be null and void. If HCD finds that the amended ADU ordinance complies with all of HCD’s findings to the Draft ADU ordinance, HCD will deem it to be compliant with State ADU Law.
4. Pursuant to the Glendale City Charter, the amended ordinance, if adopted, will take effect within 30 days of adoption.
5. Given that an amendment to its ADU ordinance will be a legislative act of the Glendale City Council exercising its police power to serve the health, safety and welfare of Glendale’s residents, nothing in the MOU shall limit the discretion of the City Council in reviewing and considering an amended ADU ordinance, nor be construed to obligate the Council to limit its discretion in a particular manner. The MOU does not constitute, and shall not be construed to be, a contracting away of the City’s police powers. The City makes no representation regarding the Council’s ability or willingness to adopt the amended ADU ordinance, it being required by law to obtain public input at noticed public hearings before doing so. If the City Council fails to enact an amended ADU ordinance within the time prescribed by the MOU (set forth in Paragraph 2 above) or enacts an amended ADU ordinance that does not comply with State ADU Law, following a 21-day cure period, HCD may terminate the MOU and commence enforcement action against the City.
6. Forbearance of Enforcing Challenged Provisions Pending Implementation of Amended ADU Ordinance:
The City shall refrain from enforcing any of the challenged provisions in its current ADU ordinance until either the vote to adopt an amended ADU ordinance fails or the effective date of a subsequent amended ADU ordinance that satisfies the requirements of the MOU, summarized in Paragraph 2 above. In other words, from the Effective Date of the MOU until the occurrence of either of the two events described above, the City shall allow the following types of ADUs, as long as these ADUs otherwise comply with State ADU Law:
a. ADUs above detached garages;
b. Detached ADUs on a property containing an accessory living quarters; c. Unit mixes on a single-family lot wherein a unit or units permitted under Government Code section 66323, subdivision (a)(1), are paired with an ADU permitted under Government Code section 66323, subdivision (a)(2). d. Unit mixes on a multifamily lot wherein a unit or units permitted under Government Code section 66323, subdivision (a)(3), are paired with a unit or units permitted under Government Code section 66323, subdivision (a)(4).