ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GLENDALE, CALIFORNIA, TO ESTABLISH STANDARDS AND MINISTERIAL
PROCESS FOR APPROVING
ACCESSORY DWELLING UNITS (ADUs).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
WHEREAS, the City of Glendale adopted Ordinance No. 5120 for the purpose of
prohibiting second dwelling units in the residential zones of the City of Glendale on July 2, 1996;
WHEREAS, Government Code Section 65852.2(a)(4) was amended by AB 2299 (2016)
to rename “second dwelling units” as “accessory dwelling units” and to deem null and void any
existing ordinance that fails to provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and that shall not include any
discretionary processes, provisions, or requirements for those units;
WHEREAS, Section 30.10.070(H) of the Glendale Municipal Code prohibits second
units which is now in conflict with state law;
WHEREAS, Government Code Section 65852.2 permits local governments to establish
standards for ministerial review of accessory dwelling units and directs that accessory dwelling
units be approved subject to minimal state standards when no local standards or process for
accessory dwellings has been established;
WHEREAS, there is an urgent need for Glendale to adopt an interim ordinance to
establish criteria and procedures for ministerial approval of accessory dwelling units because
the state process for ministerial approvals does not recognize Glendale zoning regulations that
are necessary for maintaining community character including, but not limited to, residential
setbacks, residential parking standards, local design review standards requiring that new
construction maintain a consistent architectural character, and provisions to address locally
listed historic properties and locally designated historic districts;
WHEREAS, the City of Glendale adopted Housing Element 2014-2021 of the General
Plan on January 28, 2014 and this Element was certified by the State Department of Housing
and Community Development on February 24, 2014;
WHEREAS, Government Code Section 65852.2 declares that accessory dwelling units
on a lot developed with a single-family dwelling in a single-family residential or multifamily
residential zone do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent
with the existing general plan and zoning designation for the lot;
WHEREAS, Housing Element 2014-2021, Chapter 6 page 13 notes that second units
are prohibited by Ordinance Nd. 5120 and that said Ordinance has been made ineffective by
State action;
WHEREAS, the permission for accessory dwelling units was not anticipated in Housing
Element 2014-2021, however, allowing accessory dwelling units will further local, regional and
7k’
state goals for meeting the RHNA requirement expressed in Housing Element 2014-2021
provided the City has a mechanism to allow tracking of accessory dwelling units;
WHEREAS, Housing Element 2014-2021, contains Policy 1.9 “Encourage flexibility in
the Zoning Ordinance to promote a wide range of housing types”; Policy 1.2 “Assure that
affordable housing is dispersed throughout the City while recognizing the potential for the
integration of market-rate and affordable units within individual projects”; Policy 2.10 “Respect
scale, historic continuity, and a sense of community in new residential development”; and,
Policy 6.10 “Encourage the use of sustainable building practices in residential developments”
and permitting accessory dwelling units implements these policies;
WHEREAS, the Greener Glendale Plan for Community Activities was adopted by the
City Council of the City of Glendale on March 12, 2012 for the purposes of promoting
sustainable practices and establishing greenhouse gas reduction strategies in accordance with
AS 32 (2006) and SB 375 (2008);
WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4 directs
Glendale to continue to promote inf ill development to increase sustainability and livable
environment and permitting accessory dwelling units is consistent with that objective;
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 City Council of the City of Glendale finds and declares that the prohibition
against second units, also known as accessory dwelling units, discussed in Ordinance No.
5120, in Glendale Municipal Code Section 30.10.070(H), and in Housing Element 2014-2021,
Chapter 6, page 13 is no longer in force and that this interim ordinance establishing reasonable
standards for permitting accessory dwelling units ministerially is consistent with the City’s
Housing Element 2014-2021, with state housing policy, and with Glendale’s adopted
greenhouse gas reduction strategies.
SECTION 3. In accordance with Government Code Section 65858(a), and pursuant to the
findings stated herein, the City Council hereby finds that there exists a current and immediate
threat to the public health, safety, and welfare requiring this interim urgency Ordinance; (3) finds
that this Ordinance is necessary for the immediate preservation of the public peace, health, and
safety as set forth herein; and (4) declares and imposes interim regulations for the immediate
preservation of the public health, safety, and welfare as set forth below.
This Ordinance shall expire, and its standards and requirements shall terminate 45 days after
the date of adoption of this Ordinance, unless extended by the City Council at a regularly
noticed public hearing, pursuant to Government Code Section 65858.
SECTION 4. The City Council of the City of Glendale declares that an interim ordinance for
reviewing and approving accessory dwelling units is necessary for the following purpose:
This interim ordinance is intended to provide for the creation of accessory dwelling units in
single-family and multifamily residential zones in a manner that is ministerial and
nondiscretionary consistent with state law. This interim ordinance shall apply to all single-family
and multifamily residential zones on lots developed with one residential dwelling and where the
property owner resides in either the primary dwelling or the accessory dwelling unit.
“Accessory dwelling unit” means an attached or detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as
one residential dwelling located in a single-family or multifamily residential zone. Such unit may
not be sold separately from the primary residence and the property owner must live in either the
primary residence or the accessory dwelling unit.
SECTION 5. The City Council of the City of Glendale makes the following findings that
establishment of interim standards for ministerial approval of accessory dwelling units is
compliant with the intent of state housing law:
A. Accessory dwelling units (also known as “second units” or “granny flats”) are located on lots
developed with one dwelling unit in areas zoned single-family and multifamily residential and
can provide an important source of affordable housing. For purposes of this ordinance, the
existing one residential dwelling shall also be known as the primary dwelling.
B. Accessory dwelling units, when appropriately sized and located, have little impact on
neighborhood quality of life or upon real property that is listed in the California Register of
Historic Places, in the Glendale Register of Historic Properties, and in a City of Glendale
designated Historic District.
C. Establishing reasonable regulations for accessory dwelling units is an appropriate
mechanism to properly balance the need for additional affordable housing with the need to
maintain existing architectural character, community character and neighborhood quality of
life.
D. Accessory dwelling units are not considered for purposes of General Plan density
calculation.
E. Accessory dwelling unit permits are necessary to enable tracking of affordable housing and
to ensure review and compliance with zoning and safety standards.
F. Accessory dwelling units are subject to the same zoning standards for setback, floor area
ratio, height, lot coverage, minimum lot size and landscaping as the primary residential
dwelling except as stated in this chapter.
G. A lot developed with one dwelling unit may have one accessory living quarters or one
accessory dwelling unit. An accessory living quarters maybe converted to an accessory
dwelling unit.
SECTION 6. The City Council of the City of Glendale establishes the following interim process
for reviewing accessory dwelling units:
A. Application. An application for an accessory dwelling unit permit shall be required and the
property owner shall sign the application. The following items are necessary to allow review
of an accessory dwelling unit:
1. Site Plan —The scale of the site plan shall be large enough to show clearly all details
thereof, and shall show:
A. Site address, zone, lot size, location of the existing residential dwelhng, garage,
accessory buildings and structures and the location of proposed accessory
dwelling units.
B. Square footage of all existing and proposed buildings and structures.
C. Dimensions of existing and proposed setbacks, lot coverage, landscaping, walls,
driveways, and building and wall heights.
D. Location, size and number of parking spaces.
E. Property owner name and signed affidavit that the property owner resides at the
site address.
2. Architectural drawing showing existing and proposed buildings and modifications,
location of entrances, required parking, driveways, windows, setbacks, landscaping.
3. Site photos showing the residential dwelling, garage, accessory buildings and structures,
existing parking, and the area where the accessory dwelling unit is proposed.
4. If onsite parking reductions are requested, the applicant shall provide evidence that the
project meets required criteria.
B. The applicant may apply for plan check for the accessory dwelling unit concurrently.
C. A case planner will review the application for compliance with the zoning code and
consistency with architectural style using criteria established in this chapter.
D. When the accessory dwelling unit and the residential dwelling comply with the all criteria
established for accessory dwelling units and other zoning code requirements, the planner
will stamp the plans approved for accessory dwelling units.
E. When an accessory dwelling unit permit is ready to approve, the property owner shall record
the covenant and agreement. The covenant and agreement for the accessory dwelling unit
permit shall be recorded prior to issuance of a building permit.
SECTION 7. The City Council of the City of Glendale establishes the following interim criteria
to approve an accessory dwelling unit:
Criteria to Approve an Accessory Dwelling Unit
An accessory dwelling unit that meets all of the following criteria shall be approved. A proposed
accessory dwelling unit that does not meet all the following criteria shall be denied.
A. An accessory dwelling unit shall be permitted on a lot developed with one residential
dwelling in the Ri, R1R, ROS, R3050, R2250, R1650 or R1250 zone. Where two (2) or
more contiguous lots in the same ownership are developed as one (1) building site with one
residential dwelling and where an accessory dwelling unit is proposed, a lot line adjustment
or parcel map shall be required to create one lot by relocating or eliminating existing lot
lines.
B. Except as identified in this Chapter, accessory dwelling units shall comply with all of
the development standards (e.g., floor area, height, lot coverage, landscaping, setbacks,
minimum lot size, etc.) that apply to the residential dwelling.
C. One accessory dwelling unit is permitted per lot developed with one residential dwelling,
except for a lot created through a small lot subdivision where no accessory dwelling unit is
permitted.
D. A lot may have one accessory dwelling unit or one accessory living quarters. An accessory
living quarters maybe converted to an accessory dwelling unit.
E. An accessory dwelling unit may not exceed 500 square feet.
F. At all times, the property owner shall comply with one of the following requirements: (I) the
property owner must be an owner-occupant and reside n either the residential dwelling or in
the accessory dwelling unit, or, (H) it the property owner does not reside in either the
residentia dwel ing or the accessory dwe I ng unit, then the property owner shall on y rent or
lease the property as a single rental property and shall not rent or lease the res dential
dwel ing and accessory dwelling un t separately from each other -:
-
RG. Short-term rentals less than thirty (301 days are prohibited for the residential dwelling
and accessory dwelling unit.
I
P
G~H.
The accessory dwelling unit cannot be sold separately from the residential dwelling.
}=hLAll setback requirements that apply to the residential dwelling shall apply to an attached
accessory dwelling unit.
J. An accessory dwelling unit may be located within an existng residential dwelling, existing
accessory living quarters or existing garage. Alterations or additions to any existing building
which propose an increase in floor area up to 500 sguare feet and do not propose an
additional story and/or change to a facade, including addition of a door, directly facing a
street may be permitted to accommodate an accessory dwelling unit.
A detached accessory dwelling unit may be located within an existing, permitted accessory
building with non-conforming interior setbacks, such as a garage, provided that any new
construction has at least a 5-foot interior setback. Conversion of an existing detached
accessory garage with non-conforming interior setbacks may include a second floor with a
maximum height of 25 feet (plus 3 feet for any roofed area having a minimum pitch of 3 feet
in 12) provided that new construction has at least a 5-foot interior setback.
An accessory dwelling unit must include:
1. A bathroom.
2. A kitchen.
3. Independent access.
4. Comply with building codes, including sufficient setbacks for fire safety as determine
by the Fire Department.
5. May not be smaller than identified in Section 17958.1 of the California Health &
Safety Code.
6. Must be served by utilities, including sewer, water and electric.
K7M. Fire sprinklers shall be required for the accessory dwelling unit if fire sprinklers are
required for the residential dwelling.
h~N. For properties listed on the California Register of Historic Places, Glendale Register of
Historic Properties, or any property in an adopted historic district overlay zone with a
eurvoy, any exterior changes to an existing property to create an accessory dwelling unit
shall not be visible from the public street or sidewalk right-of-way immediately adjacent to
the property and shall not alter any defining historical characteristic.
I
M70.__The property owner shall pay all sewer, water, school district, and other applicable fees,
including development impact fees.
N~P. The property owner shall install a new or separate utility connections between the ADU
and the utility, and pay all applicable connection fees or capacity charges, except if the ADU
is located within the existing space of the residential dwelling and has independent access
or is located within an existing, permitted accessory structure.
I
G~Q. Notwithstanding the above provisions, accessory dwelling units shall have setbacks
sufficient for fire safety as determined by the Fire Department.
SECTION 8. The City Council of the City of Glendale establishes the following interim criteria
for architectural compatibility to approve an accessory dwelling unit:
Architectural Compatibility Criteria to Approve an Accessory Dwelling Unit
A. Creation of an attached accessory dwelling unit within an existing, permitted primary
residence or existing, permitted accessory building and with no increase in floor area is
exempt from design review.
B. Exterior modifications to an existing primary residence or accessory building that increases
floor area shall be architecturally compatible with the existing primary residence including
use of matching paint, matching or complementary building materials, consistent rooflines,
and other compatibility standards in Chapter 30.47.
C. A detached accessory dwelling unit in a newly constructed building shall not be between the
primary residential dwelling and the street-front setback line.
D. A detached accessory dwelling unit shall not exceed 15 feet or the height of the primary
residence whichever is lower, except that a conversion of a detached accessory garage may
add a second story which shall not exceed 25 feet (plus 3 feet for any roofed area having a
minimum pitch of 3 feet in 12 feet.)
E. No passageway shall be required between an entrance of the accessory dwelling unit and
the street right-of-way as defined in state law.
SECTION 9. The City Council of the City of Glendale establishes the following interim parking
criteria to approve an accessory dwelling unit:
Parking Criteria to Approve an Accessory Dwelling Unit
A. Off-street parking for an accessory dwelling unit and replacement parking for the primary
residential dwelling when the garage, carport or covered parking structure demolished,
altered or converted to construct the accessory dwelling unit shall comply with the following
standards:
1. Replacement spaces for the primary residential dwelling shall be provided on-site
and shall be the same number of spaces currently required by the zoning code.
2. An accessory dwelling unit shall provide one off-street parking space, except as
otherwise provided in this section.
3. Each uncovered parking space shall have a minimum width of 8 feet and a length of
18 feet.
4. Replacement spaces may be located in any configuration on the same lot as the
accessory dwelling unit, including covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts.
5. If a mechanical automobile parking lift is used, it shall be enclosed and may not be
located within any setback area.
6. An uncovered parking space may be located within setback areas on an existing
driveway and shall not encroach on the public right-of-way.
7. A covered or enclosed parking space shall comply with zoning standards.
An accessory dwelling unit shall share the driveway with the existing primary residential
dwelling. The driveway to the primary residential dwelling may be modified to accommodate
onsite parking and shall comply with Section 30.32.130. A separate driveway for the
accessory dwelling unit shall not be provided, except where the lot is adjacent to an alley, in
which case a driveway to the alley may be added to serve the accessory dwelling unit.
On shared driveways that provide access for multiple lots, such as flag lots, parking shall
not be permitted on portions of the driveway that are used to provide access to more than
one lot.
G~D. No onsite parking is required for an accessory dwelling unit when one or more of the
following is applicable:
1. The property is located within one-half mile of a public transit stop.
2. The property is listed on the California Register of Historic Places, Glendale Register
of Historic Properties, or any property in an adopted historic district overlay zone with
a building identified as a contributing building or structure in an adopted historic
resources survey.
3. When the accessory dwelling unit is located within the existing primary residence or
accessory living quarters.
4. When on-street parking permits are required but not offered to the occupant of an
accessory dwelling unit.
5. When there is a car share vehicle lot, such as ZIP car, located within one block of the
accessory dwelling unit.
SECTION 10. The City Council of the City of Glendale establishes the duration requirement for
approval of an accessory dwelling unit permit which is similar the duration timeframe for
implementation of other development permits:
Duration of Accessory Dwelling Unit
A. Termination
Every right or privilege authorized by an accessory dwelling unit permit shall terminate two
(2) years after the granting of such accessory dwelling unit permit unless the exercise of
such right or privilege has commenced in good faith prior to such time, except as otherwise
provided in this section.
B. Cessation
An accessory dwelling unit permit shall terminate and the accessory dwelling unit removed
at the expense of the property owner upon violation of this Chapter or upon cessation of the
primary land use as a single-family residential dwelling.
SECTION 11. The City Council of the City of Glendale establishes the following interim
requirement that a covenant and agreement be recorded for an accessory dwelling unit prior to
issuance of a building permit:
A covenant and agreement shall be executed by the property owner and shall contain the
following:
A. A statement that the property owner shall be an owner-occupant and shall reside either in
the primary residential dwelling or the accessory dwelling unit.
B. The accessory dwelling unit shall not be sold separately from the primary residential
dwelling.
C. All required onsite parking for the lot identified in the accessory dwelling unit permit shall
remain available for the primary residential dwelling and accessory dwelling unit and shall
not be rented separately to non-residents.
D. At all times the .roeert owner shall comel with one of the followin. re.urements: i the
property owner mus be an owner-occupant and reside in ether the residential dwelling or in
the accessory dwel ing unit, or; (hi if the property owner does not reside in either the
residential dwellin. or the accesso dwellin. unit then the .ro’ert owner shall onl rent or
lease the ro ert as a smile rental ‘ro.e and shall not rent or lease the residental
dwel ing and accessory dwelling unit separately from each other.
-
- -.
-
-
accessory dwelling unit.
D~E. Short4erm rentals less than ono monththi
30 da s are prohibited for the primary
residential dwelling and accessory dwelling unit.
I
&F. The accessory dwelling unit permit shall run with the land and the accessory dwelling
unit permit is binding and enforceable on future property owners.
I
F-G. The accessory dwelling unit shall be removed at the expense of the property owner if the
accessory dwelling unit permit is terminated or upon violation of this chapter or upon
cessation of the primary land use as a single-family residential dwelling.
SECTION 12: Compliance with California Environmental Quality Act.
The City Council hereby finds that this interim zoning ordinance implements the provisions of
Government Code Section 65852.2 and is therefore exempt from the California Environmental
Quality Act pursuant to Public Resources Code Section 21080.17 and California Code of
Regulations, Title 14, Chapter 3, Section 15282(h).
SECTION 13. 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, that 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 14. Urgency Measure.
By making the findings of the hereinbefore findings of fact, which facts are hereby declared to
constitute an urgency, for the immediate preservation of the public health, safety or welfare, this
Interim Ordinance is hereby declared to be an urgency measure and shall become effective
immediately upon adoption.
Adopted by the Council of the City of Glendale on the
____
day of
________,
2017.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
4L-
CI
TrORNEY
DATE
a/al)
STATE OF CALIFORNIA)
ss.
COUNTY OF LOS ANGELES)
I, Ardashes Kassakhian, City Clerk of the City of Glendale, certify that the foregoing Ordinance
No.
was passed by the Council of the City of Glendale, California, by a vote of
four-fifths (4/oths) of the members thereof, at a regular meeting held on the
day of
2017, by the following vote:
_______________
_______
_________________
Ayes:
Noes:
Absent:
City Clerk
gLendaL~~°
california
Joint
11
City Council ~
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE:
Housing Authority C Successor Agency
C
Oversight Board
C
January31, 2017
AGENDA ITEM
Report: Introduction of an interim ordinance to establish interim development standards, and identify
procedures for ministerial approval of accessory dwelling units.
1.
2.
Introduction of interim Ordinance
Motion Initiating Zoning Code Amendment
COUNCIL ACTION
Public Hearing C Ordinance ~
Approved for
Consent Calendar fl
January 31, 2017
C
Action Item
Report Only C
calendar
ADMINISTRATIVE ACTION
Signature
Submitted by:
Philip Lanzafame, Director of Community Development
ha.
I/
0
Prepared by:
Laura Stotler, Principal Planner
Erik Krause, Interim Deputy Director of Community Development
Gillian van Muyden, Chief Assistant City Attorney
‘F,
Approved by:
Scoff Ochoa, City Manager
G~dA~
Reviewed by:
Michael J. Garcia, City Attorney
84/
RECOMMENDATION
Due to recent changes in State law requiring accessory dwelling units to be permitted administratively,
staff requests that the City Council initiate and introduce an interim ordinance to establish procedures
and policies for ministerial approval of accessory dwelling units. It is anticipated that the interim
ordinance will be effective for 45 days, which can be extended, in which permanent amendments to the
Glendale Municipal Code will be developed and processed.
SUMMARY AND BACKGROUND
The City of Glendale adopted Ordinance No. 5120 in 1996 for the purpose of prohibiting second
dwelling units, also known as “granny flats” or accessory dwelling units (ADU), in the City of Glendale.
An accessory dwelling unit is an attached or detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living,
sleeping, eating, cooking and sanitation on the same parcel as the single family dwelling. They can be
rented, although cities can require the owner to be an occupant of either the primary residence or the
ADU. Cities can also prevent ADUs from being short term rentals. Glendale currently allows accessory
living quarters or guest houses up to 500 square feet in size; however, accessory living quarters are for
sole use of persons employed on the premises or members of the household living in the main building,
do not have cooking facilities and are not rented or otherwise used as a separate dwelling.
Cn January 1, 2017, modification to housing laws (AB 2299 and SB 1069) became effective and the
State deemed null and void any existing ordinance that fails to provide an approval process that
includes only ministerial provisions for the approval of ADUs and that includes any discretionary
processes, provisions, or requirements for those units. While state law allows Glendale to establish
local criteria for ministerial approval of ADUs, Glendale’s zoning code does not have such standards
because ADUs were prohibited. In the absence of local criteria for ministerial approvals, minimal state
standards are in effect now and do not reflect local characteristics applicable to all single-family
residential development in Glendale such as setbacks, requirements that building modifications
maintain consistent architectural character, or recognition of locally designated historic residences and
districts. Additionally, state law requires the City to either approve or deny an ADU within 120 days. At
this time, the City will only be able to deny an ADU permit if they do not comply with minimal state
standards because we have not established local ones. Exhibit A is the State Standard Checklist for
ADUs. For this reason, staff recommends that Council adopt interim criteria and process for ministerial
approval of accessory dwelling units and initiate a zoning code amendment to establish a permanent
process relating to accessory dwelling unit approval.
Housing Element
The City of Glendale adopted Housing Element 2014-2021 of the General Plan on January 28,
2014 and this Element was certified by the State Department of Housing and Community
Development on February 24, 2014. This element notes that second units are prohibited by
Ordinance No. 5120. While this ordinance is no longer effective because of recent changes in
state law, the State has declared that an amendment to the Housing Element is not necessary
to implement the changes related to accessory dwelling units.
Government Code Section 65852.2 declares that an accessory dwelling unit on a lot developed
with a single-family dwelling in a single-family residential zone or multifamily residential zone do
not exceed the allowable density for the lot upon which the accessory dwelling unit is located,
and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot. In Glendale applicable zones for ADUs include
51, R1R, SOS, R3050, 52250, R1650 and 51250 and applicable lots woUld be those
2
developed with a single-family house, defined in Glendale’s zoning code as one residential
dwelling. Additionally, new construction of an ADU that is not within an existing, permitted
structure or accessory building would be subject to compliance with zoning standards (e.g. floor
area, height, lot coverage, landscaping, setbacks, minimum lot size, etc.) that apply to the
residential zone, except as otherwise described herein.
State law declares that accessory dwelling units are necessary for a variety of reasons
associated with expanding affordable housing opportunities to address a critical statewide
housing shortage. Glendale’s Housing Element 2014-2021 does include policies consistent with
goals of the state including:
• Policy 1.9 “Encourage flexibility in the Zoning Ordinance to promote a wide range of
housing types”
• Policy 1 .2 “Assure that affordable housing is dispersed throughout the City while
recognizing the potential for the integration of market-rate and affordable units within
individual projects”
• Policy 2.10 “Respect scale, historic continuity, and a sense of community in new
residential development’
• Policy 6.10 “Encourage the use of sustainable building practices in residential
developments” and permitting accessory dwelling units implements these policies
While accessory dwelling units were not anticipated in Glendale’s Housing Element 2014-2021,
allowing accessory dwelling units will further local, regional and state goals for meeting the RHNA
requirement expressed in Housing Element 2014-2021 provided the City has a mechanism to allow
tracking of accessory dwelling units. Thus, staff proposes to track accessory dwelling units by requiring
an accessory dwelling unit permit, subject to ministerial review, and has identified an interim process,
similar to one currently used for design review exceptions.
Local Regulations and State Preemption
Here are highlights of State legislation and limits on local control over approval of ADUs:
Ministerial Approval. The City must permit ADUs without discretionary approval in single and
multifamily residential zones developed with a single-family residence. The City can identify certain
criteria that will be applicable for all ADUs, but cannot require discretionary approvals such a
conditional use permit or Design Review Board approval.
Zoning and Development Standards. State law permits local agencies to designate areas within the
jurisdiction where accessory dwelling will be permitted that must be based on criteria including
adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety. State
law also permits cities to impose development standards including but not limited to parking, height,
setback, lot coverage, landscaping and maximum size of a unit. However, zoning and development
standards cannot be so onerous so as to effectively preclude the construction of ADUs.
The development standards of the zone remain applicable to ADUs, such as floor area ratio, lot
coverage, landscaping, setbacks, and minimum lot size. State law provisions, however, do restrict the
City’s ability regarding certain setbacks, development within existing structures, height and setback for
garage conversion and parking requirements. This interim ordinance proposes requiring replacement
parking if an existing garage is demolished, converted or altered to allow construction of an ADU.
Generally a single-family residence is required to have two on-site, enclosed parking spaces, with a
greater number of on-site, enclosed parking spaces required for homes 3,500 square feet and larger.
3
Glendale is proposing to require replacement parking, however, such parking may be unenclosed,
tandem and located in existing driveways or in setback areas. This ordinance establishes a minimum
parking space dimension of 9 feet in width and 18 feet in depth for unenclosed parking spaces, and
such parking spaces may not encroach upon street right-of-way.
Presently, Glendale permits accessory living quarters, or guest houses, up to 500 square feet and this
square footage is included as floor area ratio for the property. For purposes of the interim ordinance,
staff proposes to maintain this same square footage limits for ADUs, regardless of whether or not an
ADU is attached or detached. Staff proposes to allow either one ADU or one accessory living
quarters/guest house per single-family residence. An existing, permitted accessory living quarters/guest
house up to 500 square feet may be converted to an accessory dwelling unit through addition of a
kitchen.
Garaoe Conversions. Cities cannot require interior setbacks when a garage is converted, which is an
important state law restriction because Glendale has many garages built with no property line setbacks.
Allowing unenclosed parking in interior setbacks would allow an owner to convert a detached garage at
the rear of a property into an ADU and allow owners to park cars in the driveway. Also, the City cannot
require setbacks for a garage conversion, except that new construction would need to be setback 5 feet
and a second story could be added. Currently, Glendale standards limit accessory structures to 15 feet
in height and one story, so these zoning code sections are proposed to be modified to allow a second
story above a detached garage for construction of an ADU and to allow a height up to 25 feet (with an
additional 3 feet for any roofed area having a minimum pitch of 3 feet in 12 feet.)
Parking. The State has established parking standards for accessory dwelling units. We can only require
one space per bedroom or unit for an ADU. Staff proposes that each ADU be required to have one offstreet parking space, except where additional parking is prohibited. Cities cannot require off-street
parking if an ADU is located within one-half mile of public transit (which is not defined), is located within
an “architecturally and historically significant historic district”, is part of an existing primary residence or
existing accessory structure, where on-street parking permits are required but not offered to the
occupant of the ADU, and when the ADU is located within one block of a “car share vehicle” (not
defined.)
ADUs within Existing Single-family Residence or Existing Accessory Structure.
The state requires cities to approve one ADU per single family lot when the ADU is contained within the
existing space of a single-family home or accessory structure as long as the unit has independent
access from the existing residence and the setbacks are sufficient for fire safety. For these types of
units, Glendale cannot require a separate utility connection or require sprinklers if the primary residence
does not have sprinklers,
Presently, Glendale has 13,216 single-family homes located in the Ri zone, 7,835 single-family homes
in the R1R zone, 103 single4amily homes in the ROS zone. In multifamily zones Glendale has 1007
single-family homes in the R3050 zone, 898 in the R2250 zone, 303 in the Ri 650 zone, and 144 in the
R1250 zone. Glendale has not tracked accessory living quarters/guest houses and does not know how
many of these exist. However, many homes throughout Glendale, particularly larger single-family
properties on both flat lands and in hillsides have them. Presently there are no restrictions on the
number of guest houses, other than general floor area ratio standards applicable to all residential
zones. A property with existing, permitted accessory living quarters may add a kitchen to convert it to
an ADU. However, a property may not have both accessory living quarters and an ADU.
Rentals. Short term rentals of ADUs less than 30 days are prohibited. This is intended to encourage
ADUs to be used for long-term affordable housing.
4
Interim Ordinance
As noted above, Glendale does not currently have development standards for ADUs since they were
previously prohibited. Staff proposes adoption of an ordinance that would impose interim development
standards while staff continues its review and implementation of the Zoning Code amendments. The
interim ordinance would contain the following:
Proposed Accessory Dwelling Unit Review Process
A. Application. An application for an accessory dwelling unit permit and appropriate fee shall be
submitted and the property owner shall sign the application.
B. The applicant may apply for plan check for the accessory dwelling unit concurrently.
C. A case planner will review the application for compliance with the zoning code and
consistency with architectural style using standards stated in this chapter.
D. When the accessory dwelling unit and the primary residence comply with the all criteria for
an ADU, the planner will stamp the plans approved for accessory dwelling units.
E. When an accessory dwelling unit permit is ready to approve, the property owner shall record
the covenant and agreement. The covenant and agreement for the accessory dwelling unit
permit shall be recorded prior to issuance of a building permit. A covenant and agreement
process is proposed to ensure that current and future property owners are on notice that
they will maintain compliance with the accessory dwelling unit permit, including compliance
with ADU criteria, or they will remove the ADU.
Proposed Accessory Dwelling Application
An application for an accessory dwelling unit permit shall be required and the property owner
shall sign the application. The following items are necessary to allow review of an accessory
dwelling unit:
A. Application. An application for an accessory dwelling unit permit shall be required and the
property owner shall sign the application. The following items are necessary to allow review
of an accessory dwelling unit:
1. Site Plan —The scale of the site plan shall be large enough to show clearly all details
thereof, and shall show:
A. Site address, zone, lot size, location of the existing residential dwelling, garage,
accessory buildings and structures and the location of proposed accessory
dwelling units.
B. Square footage of all existing and proposed buildings and structures.
C. Dimensions of existing and proposed setbacks, lot coverage, landscaping, walls,
driveways, and building and wall heights.
D. Location, size and number of parking spaces.
E. Property owner name and signed affidavit that the property owner resides at the
site address.
5
2. Architectural drawing showing existing and proposed buildings and modifications,
location of entrances, required parking, driveways, windows, setbacks, landscaping.
3. Site photos showing the residential dwelling, garage, accessory buildings and structures,
existing parking, and the area where the accessory dwelling unit is proposed.
4. If onsite parking reductions are requested, the applicant shall provide evidence that the
project meets required criteria.
B. The applicant may apply for plan check for the accessory dwelling unit concurrently.
C. A case planner will review the application for compliance with the zoning code and
consistency with architectural style using criteria established in this chapter.
0. When the accessory dwelling unit and the residential dwelling comply with the all criteria
established for accessory dwelling units and other zoning code requirements, the planner
will stamp the plans approved for accessory dwelling units.
E. When an accessory dwelling unit permit is ready to approve, the property owner shall record
the covenant and agreement. The covenant and agreement for the accessory dwelling unit
permit shall be recorded prior to issuance of a building permit.
Criteria to Approve art Accessory Dwelling Unit
Under the proposed interim ordinance, an accessory dwelling unit that meets all of the following
criteria will be approved ministerially. A proposed accessory dwelling unit that does not meet all
the following criteria shall be denied.
A. An accessory dwelling unit shall be permitted on a lot developed with one residential
dwelling in the Ri, Ri A, ROS, R3050, R2250, Ri 650 or Ri 250 zone. Where two (2) or
more contiguous lots in the same ownership are developed as one (1) building site with one
residential dwelling and where an accessory dwelling unit is proposed, a lot line adjustment
or parcel map shall be required to create one lot by relocating or eliminating existing lot
lines.
B. Except as identified in this Chapter, accessory dwelling units shall comply with all of
the development standards (e.g., floor area, height, lot coverage, landscaping, setbacks,
minimum lot size, etc.) that apply to the residential dwelling.
C. One accessory dwelling unit is permitted per lot developed with one residential dwelling,
except for a lot created through a small lot subdivision where no accessory dwelling unit is
permitted.
0. A lot may have either one accessory dwelling unit or one accessory living quarters. An
accessory living quarters maybe converted to an accessory dwelling unit.
E. An accessory dwelling unit may not exceed 500 square feet
F. The property owner must be an owner~occupant and reside in the residential dwelling or in
the accessory dwelling unit. Short-term rentals less than 30 days are prohibited for the
residential dwelling and accessory dwelling unit.
6
S. The accessory dwelling unit cannot be sold separately from the residential dwelling.
H. All setback requirements that apply to the residential dwelling shall apply to an attached
accessory dwelling unit.
I.
A detached accessory dwelling unit may be located within an existing, permitted accessory
building with non-conforming interior setbacks, such as a garage, provided that any new
construction has at least a 5-foot interior setback. Conversion of an existing detached
accessory garage with non-conforming interior setbacks may include a second floor with a
maximum height of 25 feet (plus 3 feet for any roofed area having a minimum pitch of 3 feet
in 12) provided that new construction has at least a 5-foot interior setback.
J. An accessory dwelling unit must include:
1. A bathroom.
2. A kitchen.
3. Independent access.
4. Comply with building codes, including sufficient setbacks for fire safety as
determined by the Fire Department.
5. May not be smaller than identified in Section 17958.1 of the California Health &
Safety Code.
6. Must be served by utilities, including sewer, water and electric.
K. Fire sprinklers shall be required for the accessory dwelling unit if fire sprinklers are required
for the residential dwelling.
L. For properties listed on the California Register of Historic Places, Glendale Register of
Historic Properties, or any property in an adopted historic district overlay zone with a
building identified as a contributing building or structure in an adopted historic resources
survey, any exterior changes to an existing property to create an accessory dwelling unit
shall not be visible from the public street or sidewalk right-of-way immediately adjacent to
the property and shall not alter any defining historical characteristic.
M. The property owner shall pay all sewer, water, school district, and other applicable fees,
including development impact fees.
N. The property owner shall install a new or separate utility connection between the ADU and
the utility, and pay all applicable connection fees or capacity charges, except if the ADU is
located within the existing space of the residential dwelling and has independent acbess or
is located within an existing, permitted accessory structure.
0. Notwithstanding the above provisions, accessory dwelling units shall have setbacks
sufficient for fire safety as determined by the Fire Department.
Architectural Compatibility Criteria to Approve an Accessory Dwelling Unit
A. Creation of an attached accessory dwelling unit within an existing, permitted primary
residence or existing, permitted accessory building and with no increase in floor area is
exempt from design review.
7
B. Exterior modifications to an existing primary residence or accessory building that increases
floor area shall be architecturally compatible with the existing primary residence including
use of matching paint, matching or complementary building materials, consistent rooflines,
and other compatibility standards in Chapter 30.47.
C. A detached accessory dwelling unit in a newly constructed building shall not be between the
primary residential dwelling and the street-front setback line.
D. A detached accessory dwelling unit shall not exceed 15 feet or the height of the primary
residence whichever is lower, except that a conversion of a detached accessory garage may
add a second story which shall not exceed 25 feet (plus 3 feet for any roofed area having a
minimum pitch of 3 feet in 12 feet)
E. No passageway, as defined in state law, shall be required between an entrance of the
accessory dwelling unit and the street right-of-way.
Parking Criteria to Apørove an Accessory Dwelling Unit
A. Off-street parking for an accessory dwelling unit and replacement parking for the primary
residential dwelling when the garage, carport or covered parking structure demolished,
altered or converted to construct the accessory dwelling unit shall comply with the following
standards:
1. Replacement spaces for the primary residential dwelling shall be provided off-street
and shall be the same number of spaces currently required by the zoning code.
2. An accessory dwelling unit shall provide one off-street parking space, except as
otherwise provided in this section.
3. Each uncovered parking space shall have a minimum width of 9 feet and a length of
18 feet.
4. Replacement spaces may be located in any configuration on the same lot as the
accessory dwelling unit, including covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts.
5. If a mechanical automobile parking lift is used, it shall be enclosed and may not be
located within any setback area.
6. An uncovered parking space may be located within setback areas on an existing
driveway and shall not encroach on the public right-of-way.
7. A covered or enclosed parking space shall comply with zoning standards.
B. An accessory dwelling unit shall share the driveway with the existing primary residential
dwelling. The driveway to the primary residential dwelling may be modified to accommodate
onsite parking and shall comply with Section 30.32.130. A separate driveway for the
accessory dwelling unit shall not be provided, except where the lot is adjacent to an alley, in
which case a driveway to the alley may be added to serve the accessory dwelling unit.
C. No onsite parking is required for an accessory dwelling unit when one or more of the
following is applicable:
1. The property is located within one-half mile of a public transit stop.
2. The property is listed on the California Register of Historic Places, Glendale Register
of Historic Properties, or any property in an adopted historic district overlay zone with
a building identified as a contributing building or structure in an adopted historic
resources survey.
8
3. When the accessory dwelling unit is located within the existing primary residence or
accessory living quarters.
4. When on-street parking permits are required but not offered to the occupant of an
accessory dwelling unit.
5. When there is a car share vehicle lot, such as ZIP car, located within one block of the
accessory dwelling unit
Duration of Accessory Dwellino Unit
A. Termination
Every right or privilege authorized by an accessory dwelling unit permit shall terminate two
(2) years after the granting of such ac&essory dwelling unit permit unless the exercise of
such right or privilege has commenced in good faith prior to such time, except as otherwise
provided in this section.
B. Cessation
An accessory dwelling unit permit shall terminate and the accessory dwelling unit removed
at the expense of the property owner upon violation of this Chapter or upon cessation of the
primary land use as a single-family residential dwelling.
Covenant and Agreement
A covenant and agreement shall be executed by the property owner and shall contain the
following:
A. A statement that the property owner shall be an owner-occupant and shall reside either in
the primary residential dwelling or the accessory dwelling unit.
B. The accessory dwelling unit shall not be sold separately from the primary residential
dwelling.
C. All required onsite parking for the lot identified in the accessory dwelling unit permit shall
remain available for the primary residential dwelling and accessory dwelling unit and shall
not be rented separately to non-residents.
0. The property owner must be an owner-occupant and reside in either the primary residential
dwelling or in the accessory dwelling unit. Short-term rentals less than one month are
prohibited for the primary residential dwelling and accessory dwelling unit.
E. The accessory dwelling unit permit shall run with the land and the accessory dwelling unit
permit is binding and enforceable on future property owners.
F. The accessory dwelling unit shall be removed at the expense of the property owner if the
accessory dwelling unit permit is terminated or upon violation of this chapter or upon
cessation of the primary land use as a single-family residential dwelling.
The purpose of this interim ordinance is to provide criteria for ministerial review of ADUs while
staff, the Planning Commission and the public create a permanent ordinance. Thus, staff
requests Council initiation of amendments to the Zoning Code for the permanent ordinance. In
its review, staff will analyze whether it is appropriate and feasible to further refine the areas
within single family and multi-family zones where ADUs will be permitted considering criteria
9
such as emergency vehicle access in impacted neighborhoods. Staff will also be able to
conduct outreach to residents during this review process. It is anticipated that an ordinance will
be brought to the Planning Commission for review in February or March, within the 45 day
timeframe for the interim ordinance.
FISCAL IMPACT
None at this time. However, at the time these procedures are codified any permitting fees typically
charged for these procedures would apply, including development impact fees applicable to new
dwelling units.
BACKGROUND
There is a current urgent need to adopt ministerial procedures for accessory dwelling units. The
ALTERNATIVES
1. The Council can decline to introduce an interim ordinance, and instead initiate the
establishment of local standards to permit accessory dwelling units.
2. The Council can decline to initiate the establishment of local standards to permit accessory
dwelling units and defer to the state accessory dwelling unit standards.
3. The City Council may consider any other alternative or additional provisions germane to the
proposed legislation.
CAMPAIGN DISCLOSURE
None.
EXHI BITS
A. State Standard Checklist for ADUs
10