ORDINANCE NO. ___________
AN URGENCY ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA TO DELAY EFFECTUATION OF SENATE BILL 79 (THE ABUNDANT AND
AFFORDABLE HOMES NEAR TRANSIT ACT) FOR CERTAIN SITES LOCATED
WITHIN THE VERY HIGH FIRE HAZARD SEVERITY ZONE AND/OR CONTAINING A
LOCALLY DESIGNATED HISTORIC RESOURCE
WHEREAS, Senate Bill 79 (SB 79), The Abundant and Affordable Homes Near Transit Act of 2025, codified in Government Code Chapter 4.1.5 (commencing with Gov’t. Code Section 65912.155) and operative July 1, 2026, supersedes local zoning and General Plan land use regulations by establishing statewide minimum residential density and development standards for properties located within one-half mile of qualifying transit oriented development (TOD) stops to increase the supply of affordable and market rate housing; and
WHEREAS, SB 79 establishes substantial increases in allowable residential density and building height within large portions of the City, including areas not previously planned or evaluated for such development intensity; and WHEREAS, SB 79 permits the City to adopt an ordinance in accordance with Gov’t. Code Section 65912.160 to delay effectuation of SB 79 on certain sites within TOD zones, subject to review and approval by the California Department of Housing and Community Development (HCD), prior to SB 79’s effective date of July 1, 2026; and
WHEREAS, SB 79 permits exclusion of sites located in the Very High Fire Hazard Severity Zone (VHFHSZ), as determined by the Department of Forestry and Fire Protection pursuant to Gov’t Code Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code, pursuant to Gov’t. Code Section 65912.161(b)(1)(D); and
WHEREAS, pursuant to Gov’t. Code Section 65312.161(b)(1)(F), SB 79 also permits exclusion of sites that were designated on a local historic register as of January 1, 2025; and
WHEREAS, the Housing Element of the General Plan Goal 2 supports the preservation of historic resources and encourages new residential development that respects neighborhood scale, historic continuity, and community character; and WHEREAS, the Safety Element of the General Plan Policy 4-2 encourages the City to limit new residential development within VHFHSZ, where feasible, in order to reduce wildfire risk and protect public safety; and WHEREAS, the City's proposed updated General Plan Land Use Element includes goals and policies designed to encourage high-density residential and mixed- use development along major transportation corridors and adjacent to public transportation facilities where infrastructure and multimodal transportation options are more easily accessible; and
WHEREAS, urgency action is needed to afford temporary local exclusion of properties locally designated as historic resources as of January 1, 2025, and to exclude properties located within VHFHSZ, in order to avoid subjecting these properties to SB 79’s increased density and height regulations, which become effective on July 1, 2026; and
WHEREAS, the City Council finds that adopting this ordinance on an urgency basis will benefit the City by delaying SB 79’s application to the above- mentioned sites, and will provide more time for the City to complete research to bring forward a potential Transit-Oriented Development Alternative Plan, as permitted by Gov’t. Code Section 65912.161, that allows transfer of SB 79 density to TOD areas.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Glendale finds that the above recitals are true and correct and are hereby incorporated by reference.
SECTION 2. The following sites are excluded from Gov’t Code Section 65912.157 until one year following adoption of the seventh revision of the housing element:
1) Sites within a VHFSZ (Gov’t Code Section 65912.161(b)(1)(D)), as determined by the Department of Forestry and Fire Protection pursuant to Gov’t. Code Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code; and
2) Sites containing a historic resource designated on the City’s local register as of January 1, 2025 (Gov’t. Code Section 65912.161(b)(1)(F)).
SECTION 3. By enacting this ordinance, the City Council directs the Director of Community Development, or designee, to: 1) indicate on its public facing zoning map which sites or transit oriented development zones are subject to SB 79 and which are temporarily exempt or excluded, including sites that qualify for such status pursuant to Gov’t. Code Sections 65912.160(e)(1)-(2), 65912.161(b)(1)(A)-(F), and 65912.161(b)(2), and ensure consistency with the most current transit-oriented development zones map published by Southern California Association of Governments (SCAG); and 2) transmit a final copy of this ordinance to HCD no later than 60 days following adoption.
SECTION 4. Pursuant to the California Environmental Quality Act (CEQA) the City Council hereby finds that this Ordinance is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Gov’t. Code §65912.160(c)(2), which explicitly states that an ordinance adopted to implement the provisions of SB 79 shall not be considered a project under Division 13 (commencing with §21000) of the Public Resources Code.
SECTION 5. Urgency Clause. The City Council finds and declares that the immediate preservation of the public peace, health, and safety requires that this ordinance be enacted as an urgency measure pursuant to Gov’t. Code Section 36937(b), as well as pursuant to the Glendale City Charter, Article VI, Sections 6 and 7, which provide that the City Council may, upon a four-fifths vote, adopt an urgency ordinance that will become effective immediately upon adoption, upon the declaration by the City Council that the ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety. This Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health, safety, and welfare because SB 79 becomes operative on July 1, 2026 and, absent immediate action, would apply to properties containing locally designated historic resources as of January 1, 2025 and properties located within VHFHSZ, as identified by the Department of Forestry and Fire Protection, without a temporary local exclusion in place. If this Ordinance is not adopted immediately, these sensitive properties would be subject to SB 79’s increased height and density standards on July 1, 2026. Accordingly, this Ordinance is declared to be an urgency measure necessary for the immediate preservation of the public peace, health, safety, and welfare, and shall take effect immediately upon adoption.
SECTION 6. Severability. This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.
SECTION 7. Effective Date. Pursuant to the Glendale City Charter and Government Code section 36937(b), this ordinance shall take effect immediately upon its adoption by four-fifths vote of the City Council and expires one year following adoption of the seventh revision of the housing element, pursuant to Government Code Section 65912.161(b)(1).
SECTION 8. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
Adopted by the Council of the City of Glendale on the _____ day of ______, 2026. ___________________________________
Mayor
ATTEST:
_____________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing Ordinance No. _________ was adopted by a 4/5 ths vote of the Council of the City of Glendale, California, at a regular meeting held on the _____ day of _________________, 2026, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
___________________________________
City Clerk