3 CITY OF GLENDALE, CALIFORNIA
REPORT TO THE SPECIAL CITY COUNCIL
AGENDA ITEM
Report: Initiation of Code Amendments to Title 16 and Title 30 of the Glendale Municipal Code Related to Accessory Dwelling Unit Condominiums
1. Motion Providing Direction and Initiating Amendments to Title 16 and Title 30 of the Glendale Municipal Code Related to Accessory Dwelling Unit Condominiums.
COUNCIL ACTION
Item Type: Action Item
Approved for November 4, 2025 calendar
EXECUTIVE SUMMARY
Zoning standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) were first established in 2017 and have since been amended several times to bring them into compliance with constantly evolving State law which requires cities to ministerially approve ADUs and JADUs subject to extremely limited standards. In an effort to create more affordable options for homeownership the Governor signed Assembly Bill (AB) 1033 into law, effective January 1, 2024. Prior to AB 1033, the law already required, and still requires a local agency to ministerially approve an ADU condominium development by a qualified nonprofit organization when sold to a qualified buyer (persons of low or moderate income) and when other specific criteria are met. In addition to this requirement, AB 1033 allows a local agency to adopt an ordinance that permits the sale of an ADU as a condominium with no restrictions on developer or owner. Staff has provided some background on the legislation as well as how some cities have implemented the law, as well as different options for City Council to consider. At this time, staff is seeking direction from City Council as to whether or not the city should proceed with amendments to Title 16 and Title 30 of the Glendale Municipal code opting in to allow ADU condominium sales, and is providing different options for City Council to consider.
RECOMMENDATION
That the City Council review this report and provide direction regarding amendments to Title 16 and Title 30 of the Glendale Municipal Code related to regulations for ADU condominiums.
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1 BACKGROUND/ANALYSIS_______________________________________________ The City of Glendale first established zoning standards for ADUs in 2017 as a result of State legislation (AB 2299 and SB 1069) that required local agencies to ministerially approve ADUs subject to very limited standards. Since then, and in response to changing legislation from the State, the City has adopted a series of ordinances regarding zoning requirements for ADUs and JADUs on residential properties. The most recent update to the ordinance (Ordinance No. 6034) was adopted by City Council on December 3, 2024, and is codified in Glendale Municipal Code (GMC) Section 30.34.080 (“ADU/JADU Ordinance”). Until recently, the separate sale of ADUs was allowed only if developed by certain nonprofits and sold to low income households, with ADUs and JADUs only being allowed as rental units in all other circumstances. Geared towards increasing homeownership opportunities, AB 1033 was signed into law by the Governor and became effective January 2024. AB 1033 allows cities to opt-in to permit ADUs to be sold as condominiums. This law does not apply to JADUs. The provisions of AB 1033 are codified in Government Code Sections 66340 – 66342, and a copy is included as Exhibit 1 to this report. There are two separate provisions allowing ADUs to be sold as condominiums; the first establishes a state-mandated program for ADU sales that meet certain criteria related to affordability, and the second allows a local agency to opt-in and allow ADU condominiums beyond what is mandated by the state.
State-Mandated ADU Condominiums
Government Code Sections 66340-66341 require a local agency to allow an ADU to be sold or conveyed separately from the primary residence as a condominium when certain criteria established in the law are met. While the City has not received any requests under this part of the law to date, it is a state-mandated requirement, and we would fully comply with its provisions. Some of the key criteria include:
The ADU or the primary residence are built by a qualified nonprofit corporation, which is defined in the legislation (generally those non-profits engaging in affordable housing development).
The ADU that is being sold from the primary residence must be sold to a qualified buyer, which is defined to mean individuals and families of low or moderate income.
The qualified buyer is required to occupy either the ADU or primary dwelling as their principal residence.
Affordability restrictions are used to ensure the ADU and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
The ADU can be required to have separate water, sewer, or electrical connections to the utility.
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1 Opt-In to Allow ADU Condominiums
AB 1033, codified in Government Code Section 66342, allows a local agency to adopt an ordinance to permit the separate sale or conveyance of the primary dwelling unit and the ADU as condominiums. Since the law went into effect in 2024, there are a few cities have adopted ordinances to allow ADU condominium sales, including San Jose, San Diego, Santa Monica and San Francisco. Some of the key requirements under AB 1033 for ADU condominiums include the following:
Comply with the Davis-Stirling Common Interest Development Act which governs common interest developments, such as condominiums, and regulates homeowner associations (HOAs) to ensure transparency, accountability, and protect homeowners’ rights.
Comply with the objective requirements of the Subdivision Map Act and any applicable local ordinance related to subdivisions.
Conduct a safety inspection of the ADU before recording the condominium plan.
This can be done through a Certificate of Occupancy issued by the Building Official or a building inspector certified by HUD.
Obtain consent from each lienholder before recording the condominium plan. A lienholder may choose to consent subject to certain terms and conditions being met, or they can choose not to consent which would prohibit the condominium plan.
Written evidence of lienholder consent is also required to be provided at recordation.
Options for ADU Condominiums
Title 16 of the Glendale Municipal Code establishes the requirements for Subdivision applications, including requests for condominiums. There are two types of approval for a condominium – either a New Condominium Map which is for new construction projects where the units have not been occupied, or a Condominium Conversion Map which is for the conversion of existing rental units. Approval of a new condominium is subject to Planning Commission review through a public hearing. Approval of a condominium conversion is under the purview of the Director of Community Development with the hearing waived, unless a hearing is requested by someone who receives a notice. Those jurisdictions that have opted in to allow ADU condominiums have done so through a condominium conversion process, with Santa Monica also requiring that the sale be to a qualified buyer which is defined as an individual or family of low or moderate income. The City of Long Beach is also in the process of amending their ordinance to allow ADU condominiums as a conversion.
Should the Council direct staff to pursue amendments to the GMC to allow ADU condominiums, it is recommended that they be done through a condominium conversion 43 5
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1 process. This gives owners flexibility in pursuing building permits and undertaking construction and without a mandated public hearing, it offers them a more streamlined application process. Some additional considerations for the council to consider when providing direction to staff:
Create a condominium conversion application and submittal requirements that are tailored to ADUs which are not subject to parking, private storage, and open space requirements that are typically required for multi-family developments. Create a modified process for ADU condominium conversions similar to other administrative planning applications.
Establish criteria similar to Santa Monica that requires the ADU to be sold to a qualified buyer to establish more affordable housing options.
STAKEHOLDERS/OUTREACH
Not applicable for initiation. Stakeholder and public outreach may be conducted during policy studies. Council may provide any additional direction regarding outreach methods.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ENVIRONMENTAL REVIEW (CEQA)
No environmental review is required for City Council to initiate code changes, as it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Environmental review will be conducted prior to scheduling any hearings should the Council initiate code changes.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
1. Decline to direct staff to begin the process of modifying Title 16 and Title 30 of the GMC for regulations concerning ADU condominiums.
2. Choose any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Bradley Calvert, Director of Community Development
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1 Prepared by:
Vista Ezzati, Principal Planner
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1:California Government Code § 66340 et seq.