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Burbank council directs staff to retain and update local ADU program, study ADU‑for‑sale options
Summary
After a staff briefing on new state ADU laws and HCD guidance, the City Council voted unanimously to pursue Option 3 — retain and update Burbank’s local ADU program consistent with state law — and asked staff to return with a separate study on allowing ADU conveyance (for‑sale/condominium) options.
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The Burbank City Council on July 28 directed staff to retain and update the city’s local accessory dwelling unit (ADU) program to align with recent state law and California Department of Housing and Community Development (HCD) interpretation, while returning later with detailed analysis of allowing ADUs to be sold as condominiums.
At a study session before the regular meeting, Fatima Benitez, associate planner with the Community Development Department, told the council that state changes and HCD’s March 2026 ADU handbook require a more comprehensive local ordinance update. "Tonight, staff will provide the city council with updates to the accessory dwelling unit ordinance," Benitez said in opening her presentation, which listed recent statutes and HCD technical assistance letters staff reviewed.
Council members pressed staff on whether HCD’s interpretation would effectively override locally adopted protections in R1H and very high fire hazard severity zones. Amanda Landry, principal planner, said the city’s current ordinance is not consistent with state law and warned that an inconsistent ordinance could be unenforceable. "If our ordinance is not consistent, the entire thing could be unenforceable," Landry said.
After debate about tradeoffs — affordability, neighborhood character, and fire‑safety protections — the council moved to pursue "Option 3," which retains the local ADU program and its protections but updates it to reflect HCD’s interpretation and state law. The motion also directed staff to continue earlier work on ADU conveyance (allowing certain ADUs to be sold) and to return with a separate, staff‑led study on the mechanics and impacts of for‑sale ADUs.
Council member Rosati voiced skepticism about the state changes, calling the package "garbage legislation" and questioning whether ADUs will improve affordability; Rosati also asked staff to analyze mechanics such as lot splits, HOA formation, metering, sewer impacts, and likely costs. Several councilmembers emphasized fire‑safety as a top priority while seeking options that HCD would accept.
The motion passed unanimously. Staff said they will submit the amended ordinance to HCD for review, conduct additional outreach, and return later with the conveyance study and any recommended code language. The city told council it must complete conformance work by late fall to meet HCD timelines.

