A G E N D A
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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PLEASE TURN OFF CELLULAR PHONES WHILE INSIDE THE MEETING LOCATION In
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613
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Broadway, RM 110, Glendale, CA 91206.
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NOVEMBER 1, 2022
REVISED
- ITEM 1C ADDED
ROLL CALL
1. CLOSED SESSION
– 1:00 PM ( To Commence at 3:00 PM
)
a.
Public Employment – Attorneys
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b.
Conference with real property negotiators. Agency negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Bradley Calvert, Jason Bradford, Onnig Bulanikian, Peter Zovak, and Mike Fortney. Instructions to the negotiator(s) will concern the price and terms for the acquisition of real property
Property No. 1 Location: 332-346 W. Cerritos and 341 Mira Loma. Negotiating parties: Kefalonia Holdings, LLC
Property No. 2 Location: 215-221 N Central Ave & 314-322 Salem – Harvard Buildings, LLC. Negotiating Parties: Harvard Buildings, LLC c.
Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Paula Adams, and Jason Bradford. The names of the employee organizations are: Glendale City Employees’ Association, Glendale Management Association, Glendale Police Officers’ Association, Glendale Fire Fighters Association and I.B.E.W., Local 18, Unit 40. Unrepresented Employees: Executives and Confidential Employees
2. REGULAR BUSINESS AGENDA
– 6:00 PM
Roll Call
a.
Flag Salute: Mayor Ardy Kassakhian
b.
Invocation: Suzie Abajian, City Clerk
c.
Report of City Clerk, re: Posting of Agenda. The Agenda for the November 1, 2022 Regular Meeting of the Glendale City Council was Posted on Wednesday, October 26, 2022, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a.
Agenda Preview for the Meetings of Tuesday, November 1, 2022 b.
Hollywood Burbank Airport Update
4. CONSENT ITEMS
(Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a.
City Clerk, re: Minutes of the Special City Council and Regular City Council Meetings of October 25, 2022
b.
Police Department, re: Acceptance and Appropriation of Bureau of Justice Assistance (BJA) 2022 DNA Capacity Enhancement and Backlog Reduction Grant
1. Motion authorizing acceptance of the BJA 2022 DNA Enhancement and Backlog Reduction Grant and authorizing the City Manager, or a designee, to execute the necessary agreements, certification, and other documents required to accept the Grant
2. Resolution to appropriate $347,033 in BJA 2022 DNA Capacity Enhancement and Backlog Reduction Grant funds
c.
Police Department, re: Department of Justice (DOJ) Office of Justice Programs, Request for Authorization to Accept Grant Funds in the amount of $16,333 to be
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used to Procure Automated License Plate Reader (ALPR) Equipment
1. Motion to Accept Bureau of Justice Assistance (BJA) 2022 Justice Assistant Grant (JAG) funds and authorize the City Manager, or his designee, to execute the necessary agreements, certification, and other documents required to accept the grant
2. Resolution to dispense with competitive bidding and authorize the City Manager, or his designee, to enter into an agreement with Flock Group, Inc. for the procurement of ALPR equipment in an amount not to exceed $25,000
3. Resolution to Appropriate $16,333 in BJA FY2022 Local JAG Program Grant funds d.
Public Works, re: Pacific Park Pool Shade Structure and Splashpad Project, Specification No.3853
1. Resolution adopting Specification No. 3853 for the Pacific Park Pool Shade Structure and Splashpad Project and directing the City Clerk to advertise for bids
5. CITY COUNCIL/STAFF COMMENTS
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
7. ADOPTION OF ORDINANCES
a.
Community Development, re: Adoption of Ordinance Extending, for an Additional 10 Months and 15 Days, Interim Urgency Ordinance No. 5994 Prohibiting Developments with New and Conversion of Existing Drive-through Waiting Lanes Citywide (Asatryan, 10/25/22)
b.
Community Development, re: Adoption of Ordinance Authorizing Entry into a Statutory Development Agreement between the City of Glendale and Adelfia Properties II, LLC, a Delaware limited liability company in Connection with the Lucia Park Project (620 North Brand Boulevard and 625 North Maryland Avenue) (Agajanian, 06/14/22)
8. ACTION ITEMS
a.
Glendale Water and Power, re: Software and Hardware Support Agreement with Minsait ACS, Inc. for Electric Supervisory Control and Data Acquisition (SCADA) System
1. Motion authorizing the City Manager, or his designee, to enter into and execute a Software and Hardware Support Agreement with Minsait ACS, Inc. to provide uninterrupted software and hardware support, maintenance, and “as needed” engineering support for a not-to-exceed amount of $546,636 for three years, with an option to extend for an additional two years for $390,626 for a total not-to-exceed amount of $937,262
b.
Community Development, re: Introduction and Adoption of 2023 Glendale Building and Safety Code
1. Ordinance for Introduction Adopting and Amending Specific Portions of the California Building Standards Code as the Glendale Building and Safety Code, 2023
2. Resolution Adopting Findings and Analysis of Amendments to the California Building Standards Code [Title 24, California Code of Regulations] c.
Management Services, re: Introduction of an Ordinance of the City of Glendale, California, Amending the Glendale Building and Safety Code Volume IX to Adopt Local Amendments to the 2022 Edition of the California Building and Energy Code Pertaining to Building Electrification,Solar Photovoltaic and Electric Vehicle
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Charging Installations
1. Introduction of an Ordinance Amending the Glendale Building and Safety Code, Volume IX, to Adopt Local Amendments to the 2022 Edition of the California Building and Energy Code
d.
City Attorney, re: Consideration of Amendment to Term Limits for Members of Boards and Commissions; Discussion of Revisions to Nomination and Appointment Process for Boards and Commissions, including Civil Service Commission
1. Introduction of Ordinance Amending Section 2.36.010 of the Glendale Municipal Code Pertaining to Term Limits for Members of the Boards and Commissions
2. Motion Directing Staff Regarding the Nomination and Appointment Process for Boards and Commissions
3. Motion Directing Staff Regarding the Nomination and Appointment Process for Members of the Civil Service Commission
4. Motion to Note and File
9. HEARINGS
a.
Community Development, re: Consideration of Ordinance amending Title 30 of the Glendale Municipal Code, 1995, relating generally to standards for eligible SB9 projects, minimum SB478 floor area ratio standards for certain multi-family housing development projects, and incorporation of State law amendments and minor modifications and clarifications related to junior accessory dwelling units (JADUs) and accessory dwelling units (ADUs)
1. Introduction of Ordinance amending Title 30
b.
Community Development, re: 849 Cavanagh Road: Consideration of Glendale Register Nomination and Request for a Mills Act Historic Property Contract
1. Resolution to designate the residential property at 849 Cavanagh Road as a historic resource in the Glendale Register of Historic Resources, as the Vida H. Wallace House, and authorizing the City Manager to enter into a Mills Act Historical Property Contract with the property owner
2. Motion to deny the request of the property owner to designate the residential property at 849 Cavanagh Road as a historic resource in the Glendale Register of Historic Resources
c.
Community Development, re: 2795 Mira Vista Drive: Consideration of Glendale Register Nomination and Request for a Mills Act Historic Property Contract
1. Resolution to designate the residential property at 2795 Mira Vista Drive as a historic resource in the Glendale Register of Historic Resources, as the Sherman and Henrietta Ford House, and authorizing the City Manager to enter into a Mills Act Historical Property Contract with the property owner
2. Motion to deny the request of the property owner to designate the residential property at 2795 Mira Vista Drive as a historic resource in the Glendale Register of Historic Resources
10. REPORTS - INFORMATION
11. WRITTEN COMMUNICATIONS
12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes.
Council May Question or Respond to The Speaker But There Will be no Debate or Decision.
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The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
13. NEW BUSINESS
14. ADJOURNMENT
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1 4A
M I N U T E S
SPECIAL MEETING: GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
OCTOBER 25, 2022
The Special Public Meeting of the Glendale City Council convened in the City Hall Council Chambers, in said City, at 3:04 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
October 19, 2022
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 3:00 PM on Tuesday, October 25, 2022, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. Public Works, re: Citywide Bicycle Detection Technology a. Motion authorizing the installation of standard video detection system at intersections without bicycle detection and directing staff to pursue funding at the next grant cycle opportunity for additional installations
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Upon Elen Asatryan at 5:00 p.m. October 6, 2022 Glendale, CA Upon Dan Brotman at 5:00 p.m. October 6, 2022 Glendale, CA Upon Paula Devine at 5:00 p.m. October 6, 2022 Glendale, CA Upon Ara Najarian at 5:00 p.m. October 6, 2022 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. October 6, 2022 Glendale, CA Mayor Kassakhian called the meeting to order at 3:04 p.m.
ROLL CALL
- All Present
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, October 25, 2022 Special Public Meeting of the City Council was posted on Wednesday, October 19, 2022 on the Bulletin Board Outside City Hall.
1. Public Works, re: Citywide Bicycle Detection Technology Staff Comments:
Roubik Golanian, City Manager
Yazdan Emrani, Director of PW
Presenting:
Pastor Casanova, Principal Traffic Engineer
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2 a. Motion authorizing the installation of standard video detection system at intersections without bicycle detection and directing staff to pursue funding at the next grant cycle opportunity for additional installations
Moved: Brotman Seconded: Devine
ADJOURNMENT – 3:24 p.m.
Moved: Brotman Seconded: Devine
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Brotman, Devine, Najarian, Kassakhian
None
None
None
Mayor of the City of Glendale
City Clerk of the City of Glendale
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1 4A
M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
OCTOBER 25, 2022
ROLL CALL – All Present
1. CLOSED SESSION – 3:24 p.m.
a. Conference with Legal Counsel - Pending Litigation: Dickinson v. Izadi, et al., L.A.S.C. Case No. 21STCV08281
b. Conference with Legal Counsel – Anticipated Litigation: Significant exposure litigation pursuant to paragraph subdivisions (d)(2) and (e)(2) of Section 54956.9: One (1) potential case
c. Conference with real property negotiators: Property location – Real property generally located at the terminus of New York Avenue near Park Vista Drive, commonly referred to as “Mountain Oaks.” Negotiating parties: F.E. & M. Inc.
Employee’s Defined Contribution Plan Trust dated July 10, 1984. Agency negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Bradley Calvert, Jason Bradford and Onnig Bulanikian. Instructions to the negotiator(s) will concern the price and terms for the acquisition of property
d. Conference with Legal Counsel - Pending Litigation: F.E. & M. Inc.
Employee’s Defined Contribution Plan Trust dated July 10, 1984 v. City of Glendale et al., L.A.S.C. Case No. BS16989
e. Conference with Legal Counsel – Pending Litigation - Claim of Berman, Claim No. 22-0178
City Attorney Mike Garcia indicated that action is anticipated on 1E. Council recessed to Closed Session at 3:26 p.m.
2. REGULAR BUSINESS AGENDA – 6:05 PM
Roll Call – All Present
a. Flag Salute: Mayor Kassakhian
b. Invocation: Suzie Abajian, City Clerk
c. Report of City Clerk, re: Posting of Agenda. The Agenda for the October 25, 2022 Regular Meeting of the Glendale City Council was Posted on Wednesday, October 19, 2022, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, November 1, 2022 Deputy City Manager John Takhtalian provided the preview.
4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a. City Clerk, re: Minutes of the Regular City Council and Joint City Council and Housing Authority Meetings of October 18, 2022
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2 Asatryan, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Moved: Najarian Seconded: Devine
b. Public Works, re: Adopt the Plans and Specification for the Dunsmore Park Improvements Project
1. Resolution 22-155 adopting the Plans and Specification for the Dunsmore Park Improvements Project, Specification No. 3840, Plan Nos. 22-105 and 49-255; and directing the City Clerk to advertise for bids
Moved: Najarian Seconded: Devine
c. Public Works, re: Adopt the Plans and Specification for the Fiscal Year 2023 Americans with Disabilities Act (ADA) Curb Ramp Installation and Sidewalk Repair Program
1. Resolution 22-156 adopting the Plans and Specification for the ADA Curb Ramp Installation and Sidewalk Repair Program, Specification No. 3913, Plan Nos. 1- 3097 and 1-3099; and directing the City Clerk to advertise for bids Moved: Najarian Seconded: Devine
5. CITY COUNCIL/STAFF COMMENTS
Councilmember Asatryan thanked staff for putting together a wonderful Glendale Tech Week. She had the opportunity to attend some of the events and was impressed by their turnout and caliber. Asatryan also attended the Glendale Historical Society's Gala at the Sanford House together with other council members. Also, she attended as a guest speaker, the Northwest Homeowner's Association event together with Mr. Golanian. She was pleasantly surprised to see the Planning Director, the City Attorney and Assistant City Manager who made themselves available to the residents. One of the issues that came up during the meeting was an issue that she had been thinking about for some time which is the need for a dog park in the northwest area of Glendale. Asatryan indicated that while there are a number of potential projects, City Council is waiting for a report back for a dog park in potential locations such as Lot 11, Palmer Park and other sites in South Glendale.
However, these locations do not serve the northwest neighborhood of Glendale.
Councilmembers Asatryan and Brotman visited Brand Park and noted that the southwest corner of the park might be a potential site for the dog park. Asatryan asked staff for a quick memo and a report on converting the SW part of the park, south of the Doctor’s house, to a dog park. City Manager Golanian asked for clarification on whether to bring the item back as a report or be included in the RFP for the other dog parks. Councilmember Asatryan noted that both a quick memo and report would work and it would be good to have it done soon 9 of 818
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3 with just fencing and as part of the RFP for long term design. Brotman seconded.
Councilmember Devine congratulated staff for a successful Glendale Tech Week. She announced that it is Breast Cancer Awareness Month. She, together with the Mayor attended an award ceremony that Assemblymember Friedman held at Laura’s Corset Shoppe located along Brand Blvd. This shop has existed for 100 years. The shop provides service to patients and survivors of breast cancer. Devine attended the Burbank State of the City Luncheon and had learned about the City of Burbank Police Department’s drivers’ education program. She indicated that once our city has a new police chief, City Manager Roubik Golanian and staff will meet with Burbank PD and City Manager to see how the drivers’ education program works and how it could be implemented in Glendale. Devine indicated that GUSD Superintendent Dr. Ekchian and one of the GUSD Board Members are excited about the possibility of collaborating with the city to bring back a drivers’ education program in the future. Mayor Kassakhian seconded.
Councilmember Brotman re-nominated Sevana Zadorian for the Arts and Culture Commission.
Councilmember Najarian stated he was a speaker for the Valley Industry & Commerce Association Panel on the Future of Transportation and met with one of the principals of BYD, the bus company that will hopefully give the city an electric bus to test out. He spoke about the recent climate news and indicated that the almost 10-years of efforts by the state to reduce automobile and power plant emissions was wiped out in one summer as a result of fires in California. He asked staff to reassess the sustainability plan and bring this issue to the Sustainability Commission. He suggested that the city put more emphasis on wildfire suppression and asked staff for a report on how the city can address this issue. Asatryan seconded.
Mayor Kassakhian attended the Harvest Festival event in Pacific Park, One Glendale Flag Football Championship Game, the tour of Rockhaven Sanitarium with the Friends of Rockhaven, and Glendale Tech Week events. He announced that the movie “Gate to Heaven,” about Artsakh, is being shown at the AMC theatre at the Americana. Kassakhian attended the renaming of the Wilson Middle School gym after former principal Mr. Richard Lucas. He announced that Dia De Los Muertos event is coming up at the Glendale Central Library on November 5th and invited the public to attend. Kassakhian stated that Governor Newsom appointed former Los Angeles Mayor Antonio Villaraigosa as the infrastructure advisor to lead the group of local leaders to find out how to take advantage of the funds that the federal government is allocating for infrastructure programs. Kassakhian asked staff to see if there is an opportunity for staff to work with neighboring cities on projects of common interests and to have a discussion on prioritizing infrastructure requests to be submitted to Mr. Villaraigosa’s office. Asatryan seconded. Kassakhian commented on the emails council received regarding street vendors and asked staff to provide a report on imposing certain regulations. Asatryan seconded.
Director of Community Development Bradley Calvert provided a brief update on the city’s housing element plan which will be agenized for the Housing Authority meeting in the upcoming weeks.
Mayor Kassakhian asked staff to have the first “Council in your Neighborhood” meeting to be held at the Rancho area to discuss the preservation of the character of the community due to the projects being developed around that area. City Manager Roubik Golanian stated 10 of 818
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4 Asatryan, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
that staff will put a schedule together to set-up a meeting for early next year.
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Tamara Movsesyan
Ani Vartabedian
Edwin
7. ADOPTION OF ORDINANCES
8. ACTION ITEMS
a. Community Development, re: Review of Recommendations for Streamlining the Historic District Designation Process
Presenting:
Jay Platt, Principal Planner
Staff Comments:
Mike Garcia, City Attorney
Bradley Calvert, Director of Community Development
Public Comments:
John Schuning
Damian Sullivan
Lilya Avagyan
John Schwab-Sims
Joanna Pringle
Annet Arakelian
Cathy Jurca
Patrick Masihi
Ani Vartabedian
Robyn Fai
Taron Lizagub
Carol Attarian
Ani Minatsakhanian
1. Motion to approve recommendations related to streamlining the historic district designation process and initiate amendments to Glendale Municipal Code Section 30.25.030
Moved: Brotman Seconded: Devine
Item 8b pulled off the agenda.
b. Glendale Water and Power, re: Solar Energy on City Owned Properties – Report to File, and to Authorize the General Manager of GWP to Issue an RFP using Engineer- Procure-Construct (EPC) Method for Six Proposed Project Sites 11 of 818
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5 Asatryan, Brotman, Najarian, Kassakhian
Devine
None
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Brotman, Najarian, Kassakhian
Devine
None
None
Ayes:
Noes:
Absent:
Abstain:
1. Motion to Note and File the GWP Solar PV Development on City Owned Properties and DER Hosting Capacity Analysis and Update
2. Resolution authorizing the General Manager of GWP, or his designee, to prepare a Request for Proposal (RFP) using the Alternative Project Delivery Method for the Engineer-Procure-Construct (EPC) of Solar PV Systems at the following proposed project sites: 1) Glendale Sports Complex Parking Lot, 2) Montrose Parking Lot 3, 3) Utility Operations Parking Lot, 4) Brand Landfill, 5) Fire Station 21, and 6) Glendale Central Library, and authorizing the City Clerk to solicit proposals
c. City Attorney, re: Findings regarding Approval of Design Review Case No. PDR 2101078 for a three-story, 82-room hotel at 1633 Victory Boulevard Staff Comment:
Mike Garcia, City Attorney
1. Resolution 22-157 Adopting a Subsequent Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program
Moved: Najarian Seconded: Asatryan
2. Motion Sustaining the Design Review Board's Decision to Approve the Design Review Case and Making Findings in Support Thereof
Moved: Najarian Seconded: Asatryan
9. HEARINGS
a. Community Development, re: Public Hearing on an Appeal of Planning Commission's Decision to Sustain the Planning Hearing Officer’s Approval of Setback and Standards Variance Case No. PVAR 1722701 for the Project Site Located at 521 Nolan Avenue
Hearing opened at 8:57 p.m. and closed at 9:26 p.m.
Brotman recused himself at 9:17 p.m. due to a possible conflict of interest.
Presenting:
Vista Ezzati, Planner
Staff Comments:
Mike Garcia, City Attorney
Yazdan Emrani, Director of Public Works
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6 Asatryan, Devine, Najarian, Kassakhian
None
None
Brotman (recused)
Ayes:
Noes:
Absent:
Abstain:
Public Comments:
Alexander Jackson, appellant
David DiJulio, Counsel
Rodney Khan, applicant
Amy Newborn
Tiffany Borland
Ani Vartabetian
Alen Malekian, architect
Matilda Hartounian
1. Motion to sustain the Planning Commission’s decision of April 3, 2019, to sustain the Planning Hearing Officer’s decision to approve the variance with conditions Moved: Asatryan Seconded: Devine
2. Motion to continue the matter, directing the City Attorney to draft findings, reversing the Planning Commission’s decision and deny the project b. Community Development, re: Extension of Interim Urgency Ordinance No. 5994 Prohibiting Developments with New and Conversion of Existing Drive- through Waiting Lanes Citywide
Najarian recused himself and left the chambers at 10:01 p.m. due to a possible conflict of interest.
Hearing opened and closed at 10:04 p.m.
1. Introduction of Ordinance Extending, for an Additional 10 Months and 15 Days, Interim Urgency Ordinance No. 5994 Prohibiting Developments with New and Conversion of Existing Drive-through Waiting Lanes Citywide Introduced by: Asatryan
Kassakhian asked staff to provide a report to review a town square to be named in memory of Armond Gorgoryan. Asatryan seconded.
Kassakhian asked staff to provide a report to review an intersection of Isabel and Broadway to be name in memory of Sadeo Munemori. Devine seconded.
10. REPORTS – INFORMATION
11. WRITTEN COMMUNICATIONS
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7 Asatryan, Brotman, Devine, Kassakhian
None
Najarian
None
Ayes:
Noes:
Absent:
Abstain:
Mayor of the City of Glendale
12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
13. NEW BUSINESS
a. Motion to approve the Claim for Damages of Rebecca Berman Moved: Brotman Seconded: Asatryan
14. ADJOURNMENT – 10:05 p.m.
Moved: Devine Seconded: Brotman
City Clerk of the City of Glendale
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Acceptance and Appropriation of Bureau of Justice Assistance (BJA) 2022 DNA Capacity Enhancement and Backlog Reduction Grant
1. Motion authorizing acceptance of the BJA 2022 DNA Enhancement and Backlog Reduction Grant and authorizing the City Manager, or a designee, to execute the necessary agreements, certification, and other documents required to accept the Grant.
2. Resolution to appropriate $347,033 in BJA 2022 DNA Capacity Enhancement and Backlog Reduction Grant funds.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for November 1, 2022 calendar
EXECUTIVE SUMMARY
The Glendale Police Department requests acceptance of $347,033 in grant funds from the Bureau of Justice Assistance (BJA) for the grant period of October 1, 2022 to September 30, 2024 to be used for salaries and benefits for one full time employee, to purchase equipment and maintenance contracts, and to provide training for the Verdugo Regional Crime Laboratory (VRCL).
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COUNCIL PRIORITIES
N/A
RECOMMENDATION
Accept the BJA FY22 DNA Capacity Enhancement and Backlog Reduction Program Grant Funds in the amount of $347,033, authorize the City Manager or designee to execute the necessary agreements, certification, and other documents required to implement the grant, and adopt a resolution of appropriations in the amount of $347,033 for salaries and benefits for one full-time employee, equipment, contract services, and training.
BACKGROUND
The DNA Capacity Enhancement and Backlog Reduction program was established to assist accredited crime laboratories with the procurement of equipment and logistical supplies for purposes of enhancing DNA processing turnaround time. In past years, similar grant funds have been utilized by the Police Department to procure additional equipment and to reimburse the City for the salaries and benefits of part-time Forensic Biology staff.
ANALYSIS
In applying for the grant, the Verdugo Regional Crime Laboratory conducted a needs assessment and identified the equipment and materials required to fulfill the grant objectives to positively impact the laboratory’s ability to reduce turnaround time and increase sample capacity.
The assessment identified the need for increased staffing to perform DNA testing and analysis. The Forensic Biology Unit of the Verdugo Regional Crime Laboratory has hired an additional Criminalist I to assist in these functions. The 2022 DNA Capacity Enhancement and Backlog Reduction program funds will be used to pay for the salaries and benefits of the Criminalist I position assigned to the Forensic Biology Unit, equipment, maintenance contracts and training. The grant award period is from October 1, 2022 to September 30, 2024.
STAKEHOLDERS/OUTREACH
Grant funds will be used to improve the quality and timeliness of forensic testing services provided to customer agencies and the public.
FISCAL IMPACT
The FY2022 DNA CEBR Program grant will cost $347,033, which was not included as part of the FY2022-23 approved budget. The grant does not require matching funds.
Therefore, staff is requesting for an appropriation of $347,033 from grant revenue. The appropriation request is outlined on the following page:
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Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $347,033 GL: 31240-2610-GPD-
0020-P0000
PL: GPD00933AG
Police Fund – Federal
Grant
$267,553 GL:41100-2610-GPD-
0020-P0000
PL: GPD00933AG
Police Fund – Labor
$37,208 GL:43110-2610-GPD-
0020-P0000
PL: GPD00933AG
Police Fund –
Contractual Services
$14,272 GL: 44650-2610-GPD-
0020-P0000
PL: GPD00933AG
Police Fund –
Training
$28,000 GL:45150-2610-GPD-
0020-P0000-
PL: GPD00933AG
Police Fund –
Equipment
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is considered a ministerial activity and therefore, not subjected to CEQA/NEPA review. There is no possibility that the acceptance of this award may have a significant effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)).
CAMPAIGN DISCLOSURE
N/A
ALTERNATIVES
Alternative 1: Approve as requested by the Police Department.
Alternative 2: Deny the Police Department’s request. Salaries and benefits for the full time Criminalist I and expenses for equipment, contract services, and training would have to be absorbed by the Police Department budget.
Alternative 3. The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Prepared by:
Catherine Nguyen, Lab Director
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
None.
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member ___________________________________, that the City of Glendale hereby approves participation in the 2022 DNA Capacity Enhancement and Backlog Reduction Grant Program offered by the United States Department of Justice, Bureau of Justice Assistance, and accepts grant funds in the sum of $347,033 to be used for the Verdugo Regional Crime Laboratory, as more particularly discussed in the report submitted to the City Council dated November 1, 2022.
The City Manager, or a designee, is hereby authorized to execute the necessary agreements, certification, and other documents required to accept and implement the grant.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Department of Justice (DOJ) Office of Justice Programs, Request for Authorization to Accept Grant Funds in the amount of $16,333 to be used to Procure Automated License Plate Reader (ALPR) Equipment.
1. Motion to Accept Bureau of Justice Assistance (BJA) 2022 Justice Assistant Grant (JAG) funds and authorize the City Manager, or his designee, to execute the necessary agreements, certification, and other documents required to accept the Grant.
2. Resolution to dispense with competitive bidding and authorize the City Manager, or his designee, to enter into an agreement with Flock Group, Inc. for the procurement of ALPR equipment in an amount not to exceed $25,000.
3. Resolution to Appropriate $16,333 in BJA FY2022 Local JAG Program Grant funds.
COUNCIL ACTION
Item Type: Consent
Approved for November 1, 2022 calendar
EXECUTIVE SUMMARY
The Glendale Police Department requests acceptance of $16,333 in grant funds from the BJA FY2022 JAG Grant Program for the grant period of August 1, 2022 to September 30, 2024 to procure ALPR equipment.
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RECOMMENDATION
Approve the motion to authorize participation in the BJA FY2022 JAG Grant Program and accept funds in the amount of $16,333; adopt the resolution dispensing with competitive bidding, and authorize the City Manager, or his designee, to execute an agreement with Flock Group, Inc. to procure ALPR equipment; and adopt the attached resolution of appropriation.
BACKGROUND
The Police Department has previously purchased and successfully implemented ALPR systems. ALPR technology consists of mounted cameras which digitally process photographs of license plates and queries those plates against multiple state and federal law enforcement databases. Sharing the information through the databases among agencies, or system interoperability, is a critical component in the success of the ALPR units as a force multiplier and one of the major reasons the Los Angeles County Police Chief’s Association (LAPCA) has strongly supported the acquisition of this technology through grant programs. The cameras connect to the FBI’s National Crime Information Center (NCIC) hot list and are Criminal Justice Information Services (CJIS) compliant.
Through these resources, the Police Department is able use hot plate alerts, create custom alerts, and search footage to access evidence to assist with ongoing investigations as over 70% of crime occurs with a vehicle.
The Glendale Police Department has adopted strict policies governing the use of the equipment and access to ALPR data. The images are not used to track the whereabouts of individuals or their vehicles or any occupants. The system can however be programmed to alert passing officers to the presence of a wanted vehicle. The license plate information is anonymous and is generalized in a data base that can later be searched with cause by plate number. The value of detecting wanted vehicles and suspects, as well as those on nationwide terrorism watch and want lists, by far outweigh concerns for collection of the anonymous data. The data is collected in open/plain public view and in public places with no expectation of privacy of one’s legally required license plate. By collecting this anonymous data (easily gathered by the average consumer with a smartphone or the police officer jotting it down on a pad), technology improves a process used by law enforcement agencies for decades by replacing the manual typing process to run license plates to an automated system that helps police immediately identify a criminal suspect's vehicle. The ALPR system has enabled law enforcement to capture innumerable wanted vehicles and suspects since its inception.
The Police Department implemented the use of Flock ALPR cameras in April 2020 and has been successful at recovering stolen vehicles and locating vehicles wanted in connection to robberies/burglaries using this technology. These cameras are solar powered, self-contained and can be mounted on power poles, light poles, or other fixtures. Although mounted, they can be easily relocated giving the Police Department and the community a valuable tool to address safety issues throughout the city. 22 of 818
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ANALYSIS
Due to the Glendale Police Department’s success utilizing Flock ALPRs to locate vehicles connected to suspects wanted for property and violent crimes, including robberies and homicides, the Department submitted a grant application to the DOJ Office of Justice Programs for ALPR cameras. Flock ALPRs have many benefits specifically aimed to reduce property and violent crimes in the community. The equipment uses technology to read license plates and run them through NCIC Alerts, is CJIS compliant, and can be searched against NCIC Hot Lists. This technology is a force multiplier for real time proactive policing as well as a database for investigative leads. The three new Flock ALPR cameras to be procured with the grant funds will increase the number of readers to fifteen. The equipment will be positioned in strategic locations within our city borders to capture data that will be used to solve crimes.
The grant award period is from October 1, 2022 to September 30, 2023 and the funds will be used to procure three cameras on a three-year subscription. The grant will cover the first two years. The third year, at the cost of $7,217, will be funded by the Glendale Police Department’s general fund.
STAKEHOLDERS/OUTREACH
The following community organizations have expressed an interest in this crime solving effort:
• College Hills Association
• Royal Canyon Property Owner’s Association
• Chevy Oaks Homeowners Association
• Chevy Chase Estates Association
• Adams Hills Neighborhood Association
• Fair Oaks Homeowners Association
• Whiting Woods Property Owners Inc.
• Glenwood Oaks
• Americana at Brand
• Glendale Galleria
• Individual Community Members
The Police Department utilized the following methods for community outreach:
• Neighborhood Watch Meetings
• Neighborhood Watch Block Captain Meetings
• Property Owners Association Meetings
• Community Academy
• Community Gatherings and Events i.e., Coffee with a Cop, Shields on the Fields, National Night Out
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FISCAL IMPACT
The ALPR equipment will cost $23,550, which will be funded by the Glendale Police Department’s general fund and the FY2022 JAG grant. The Police Department’s FY2022- 23 budget can absorb the cost applicable to the general fund. The funding is outlined below:
Existing Appropriation
Amount From (Account String) Funding Source
$7,217 GL: 45150-1010-GPD-7000-P6301
PL: N/A
General Fund
The FY 2022 Justice Assistance Grant (JAG) Program grant award is $16,333, which was not included as part of the FY2022-23 approved budget. The grant does not require matching funds. Therefore, staff is requesting for an appropriation of $16,333 from grant revenue. The appropriation request is outlined below:
Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$16,333 GL: 31240-2610-
GPD-0020-P0000
PL: GPD00932AG
GL:45150-2610-
GPD-0020-P0000
PL: GPD00932AG
Police Fund –
Federal Grant
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is considered a ministerial activity and therefore not subject to CEQA/NEPA review. There is no possibility that the acceptance of this award may have a significant effect on the environment. (14 Cal. Code Regs. §15601(b)(3))
CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report are attached in Exhibit A, in accordance with the City Campaign Finance Ordinance No. 5744.
ALTERNATIVES
Alternative 1: Approve as requested by the Police Department.
Alternative 2: Deny the request of the Police Department which would not expand the ALPR Flock Program.
Alternative 3: The City Council may consider any other alternative not proposed by staff. 24 of 818
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ADMINISTRATIVE ACTION
Prepared by:
Alex Krikorian, Police Lieutenant
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit A – Campaign Disclosures
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member ___________________________________, that the City of Glendale hereby approves participation in the Department of Justice, FY 2022 Bureau of Justice Assistance, Justice Assistance Grant Program and accepts grant funds in the sum of $16,633 to be used for procurement of automated license plate reader equipment, as more particularly discussed in the report submitted to the City Council dated November 1, 2022.
The City Manager, or a designee, is hereby authorized to execute the necessary agreements, certification, and other documents required to accept and implement the grant.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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1 RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, DISPENSING WITH COMPETITIVE BIDDING AND AUTHORIZING THE
CITY MANAGER, OR A DESIGNEE, TO EXECUTE AN AGREEMENT WITH FLOCK GROUP, INC. FOR PROCUREMENT OF AUTOMATED LICENSE PLATE READER
EQUIPMENT
WHEREAS, the City of Glendale Police Department has previously purchased and successfully implemented automated license plate reader (“ALPR”) systems; WHEREAS, ALPR technology consists of mounted cameras that digitally process photographs of license plates and queries those plates against multiple state and federal law enforcement databases;
WHEREAS, sharing the information through the databases among agencies, or system interoperability, is a critical component in the success of the ALPR units as a force multiplier and one of the major reasons the Los Angeles County Police Chiefs’ Association (“LAPCA”) has strongly supported the acquisition of this technology through grant programs;
WHEREAS, the Glendale Police Department has adopted strict policies governing the use of the ALPR equipment and access to ALPR data;
WHEREAS, the Police Department been approved to receive grant funding in the amount of $16,333 from the Department of Justice, Bureau of Justice Assistance (“BJA”) 2022 Justice Assistant Grant (“JAG”) Program;
WHEREAS, the BJA 2022 JAG funding is to be used for the procurement of ALPR equipment for the Glendale Police Department as more specifically discussed in the report to the City Council, dated November 1, 2022;
WHEREAS, the Glendale Police Department implemented the use of cameras from Flock Group, Inc. in April 2020;
WHEREAS, the Flock Group, Inc. equipment is solar powered, self-contained, and can be mounted on power poles, light poles, or other fixtures; WHEREAS, the three ALPR cameras to be purchased with the BJA 2022 JAG funds will increase the number of ALPR equipment operated by the Police Department to 15;
WHEREAS, Article VI, Section 9 of the City of Glendale Charter provides an exemption to competitive bidding where the City Council determines it is in the best interests of the City to dispense with competitive bidding; and 27 of 818
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ALPR systems.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA:
1. That the foregoing facts are deemed to be a true and correct and a basis for dispensing with competitive bidding.
2. That the City Council hereby dispenses with competitive bidding.
3. That the City Manager, or a designee, is hereby authorized to execute an agreement with Flock Group, Inc. for procurement of ALPR system equipment in an amount not to exceed $25,000.
Adopted on this ____ day of _________, 2022.
______________________________
Mayor
ATTEST:
____________________________________
City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, hereby certify that the foregoing Resolution No. _______________ was adopted by a majority vote of the Council of the City of Glendale, California, at a regular meeting held on the ______ day of ____________________, 2022, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________
City Clerk
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EXHIBIT A
Officers of Flock Group, Inc.:
Full Name Title Business Address City State Zip
Garrett Langley CEO 1170 Howell Mill Rd NW
UNIT 210 Atlanta GA 30318
Ownership Interest in more than 10% in Flock Group, Inc.:
Full Name Title Business Address City State Zip
Ilya Sukhar -
Matrix
Board
member
535 Mission St.
Suite 2600
San
Francisco California 94105
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Pacific Park Pool Shade Structure and Splashpad Project, Specification No.3853
1. Resolution adopting Specification No. 3853 for the Pacific Park Pool Shade Structure and Splashpad Project and directing the City Clerk to advertise for bids.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for November 1, 2022 calendar
EXECUTIVE SUMMARY
Pacific Park and Edison Elementary School, located at 501 S. Pacific Avenue, is a joint use facility between the City and Glendale Unified School District. The park facility is nearly 20 years old and several of the amenities need replacement and/or upgrades.
The scope of work for the Pacific Park Pool Shade Structure and Splashpad Project, includes the construction of new pool and playground shade structures, splashpad replacement, expansion, and incorporation of a water recycling system to meet current regulations, and accessible restroom improvements.
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COUNCIL PRIORITIES
Infrastructure and Facilities: Improve accessibility, functionality, and reliability of park amenities. Improve 20-year old facility to current codes, regulations, energy efficiency and conservation.
RECOMMENDATION
Approve the Resolution adopting Specification No. 3853 for the Pacific Park Pool Shade Structure and Splashpad Project and directing the City Clerk to advertise for bids.
BACKGROUND
The Pacific Park and Edison Elementary School campus was completed in 2003 and was the first joint-use development project between the City and Glendale Unified School District. The 10.5-acre site includes a park, library, community center, and elementary school. The park includes a little league ballfield, picnic area, multi-purpose sports field, multi-purpose court, children’s play area, and an outdoor pool. The Community Center building hosts several recreational programs including extensive after school and educational programs, sports and arts enrichment classes, and youth and family services.
Due to its prime location and numerous amenities, the park is very popular and experiences heavy and constant use by the community; especially the swimming pool, playground, and water play feature areas during the summer months. These popular summertime areas currently lack shade elements. Pacific Park has a few mature and recently planted trees, however not many of those trees provide the necessary shade around the swimming pool and playground areas. In an ongoing effort to improve Glendale's parks and the health and safety of its patrons, staff proposes to strategically add new shade structures at two playground areas and the swimming pool deck area where families tend to congregate to watch events, swimming lessons, and open swim time. Currently, portable shade structures are provided at the swimming pool deck areas which congest the available deck space, need replacing every year, and do not provide optimal relief from the sun.
The existing Pacific Park splashpad feature has been a welcome and fun reprieve from the heat for many children for nearly 20 years and is now in need of replacement. Due to its extensive use and age, the feature has significant calcium buildup, corrosion, and requires valve replacement annually to repair leaks. The project will replace the existing splashpad water play feature including expanding it towards the playground area south/west of the existing water play feature. The new water play feature will increase the capacity, functionality, sustainability, and will include a water recycling system required by current regulations. The existing restrooms will also be renovated to comply with current ADA standards and to meet the demand at the park.
ANALYSIS
On August 28, 2018, City Council approved a Motion authorizing the City Manager, to execute a Professional Services Agreement with RJM Design Group, Inc., for 32 of 818
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professional design services for the Pacific Park Playground & Pool Shade Structure Project.
On August 20, 2019, City Council approved a Motion authorizing the City Manager to execute an Amendment to the Professional Services Agreement with RJM Design Group, Inc., to include the design of additional features required by the Los Angeles County Health Department.
On January 11, 2021, the City of Glendale, Building & Safety, approved the mechanical, plumbing and electrical plans and on July 13, 2022 approved the final construction documents.
On February 9, 2022, the County of Los Angeles, Department of Public Health, approved the construction documents.
The estimated construction duration is 8 months. The park’s pool usage will be impacted during construction as it operates 365 days per year. In addition, the Splashpad operates from approximately May to October of each year, so there will be some impact to usage during the improvements. Impacts to use will be minimized where possible by phasing and expediting work.
Project Description: Pacific Park Pool Shade Structure and Splashpad Plans/Specs Adopted: November 1, 2022
Advertisement Method: City website, eBidBoard, press release, direct invitation Specs Issued: November 2022
Bids Opened Date: TBD
Company Name(s) and
Bid Amount(s):
TBD
Contractor: TBD
New / Existing Contractor: TBD
Procurement Method
(Bid / SS):
Bid
Contract Term: 8 months
Construction Phase
Begins:
April 2023
Construction Phase
Ends:
September 2023
STAKEHOLDERS/OUTREACH
The Pacific Park splashpad and pool are operated by the Community Services and Parks Department. While the onsite administration office is open to the public, most requests for services are received via telephone or online. The Project Manager will work with onsite staff to minimize any interruptions to municipal operations. 33 of 818
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FISCAL IMPACT
There is no fiscal impact associated with this report at this time. The engineer’s estimate for the construction of this project is $1.8 million. Funding for this project totaling $1,392,117 has been approved in the Fiscal Year 2022-23 budget from multiple funds:
Existing Appropriation
Amount Account String Funding Source
$45,070 GL: 52100-2010-CSP-0020-P0000
PL: G618314
CDBG Fund
$38,000 GL: 52100-2010-CSP-0020-P0000
PL: G619314
CDBG Fund
$370,000 GL: 52100-2010-CSP-0020-P0000
PL: G618315
CDBG Fund
$400,000 GL: 52100-2010-CSP-0020-P0000
PL: CSP00709AG
CDBG Fund
$247,000 GL: 51200-4130-CSP-0020-P0000
PL: CSP00450AG
Measure A Fund
$292,047 GL: 51200-4010-CSP-0020-P0000
PL: 52144
General Fund Capital
Improvement Fund
To adequately fund the project, additional funds will be requested during project award from Community Services and Parks, Capital Projects funds.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) as a Class 2 exemption pursuant state CEQA Guidelines, Section 15302.
CAMPAIGN DISCLOSURE
Not Applicable.
ALTERNATIVES
Alternative 1: Approve a resolution to adopt Specifications No. 3853 for the Pacific Park Pool Shade Structure and Splashpad Project and direct the City Clerk to advertise for bids.
Alternative 2: Do not adopt Specifications No. 3853 for the Pacific Park Pool Shade Structure and Splashpad Project. Doing so, would require continued use of portable shade structures, the Splashpad feature would require extensive maintenance and cost to attempt to keep in service, additional shade would not be provided, and the existing restrooms would remain as- is.
Alternative 3: Consider any other alternative not proposed by staff. 34 of 818
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ADMINISTRATIVE ACTION
Prepared by:
Kevin Todd, Assistant Director of Public Works
Reviewed by:
Yazdan T. Emrani, P.E., Director of Public Works
Onnig Bulanikian, Director of Community Services and Parks Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
None
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RESOLUTION NO. __________
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA
ADOPTING THE PLANS AND SPECIFICATIONS FOR THE
PACIFIC PARK POOL SHADE STRUCTURE AND SPLASHPAD PROJECT, SPECIFICATION No. 3853 AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1.The Specifications on file in the City Clerk’s office for the Pacific Park Pool Shade Structure and Splashpad Project including the various documents incorporated therein, are hereby approved, adopted, designated and shall hereafter be known as Specification No. 3853.
SECTION 2.The City Clerk is hereby directed to advertise for bids for the work, equipment and materials described in this Specifications adopted by this Resolution.
Adopted this _____ day of ____________, 2022.
____________________________
Mayor, City of Glendale
ATTEST:
__________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF GLENDALE )
I, Suzie Abajian, Ph.d., City Clerk of the City of Glendale, certify that the foregoing Resolution No. _____________ was Adopted by the Council of the City of Glendale, California, at a regular meeting held on the _____ day of _________________, 2022, the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
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8 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, EXTENDING, BY 10 MONTHS AND 15 DAYS, INTERIM URGENCY ORDINANCE NO. 5994 PROHIBITING ISSUANCE OF ENTITLEMENTS AND/OR
PERMITS FOR DEVELOPMENTS WITH NEW OR CONVERTED DRIVE-THROUGH
WAITING LANES IN THE CITY AND DECLARING THE URGENCY THEREOF
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND DECLARE AS FOLLOWS:
WHEREAS, the California Constitution, the Glendale City Charter, and the State Planning and Zoning Law (California Government Code Sections 6500, et seq.) broadly empower the City of Glendale (“City”) to plan for and regulate the use of land in order to provide for orderly development, the public health, safety and welfare and a balancing of property rights and desires of the community; and
WHEREAS, concerns have been raised over the number of developments with uses and/or standards that include new and converted drive-through waiting lanes in all parts of the City; and
WHEREAS, residents, Councilmembers, and other stakeholders and individuals have expressed concerns that current zoning regulations may not fully address the impacts that drive-through waiting lanes may have in the community, and the effects of drive-through waiting lanes on the City's major streets; and WHEREAS, when drive-through waiting lines extend significantly on private property, the lines can create parking and circulation conflicts within the shopping centers where they are located and those lines can extend across sidewalks and into drive-way aprons, and even onto City streets, which can result in significant traffic hazards, including, but not limited to, unexpected stopping of vehicles, blind spots, unsafe lane changes to avoid lines on City streets, and hazards to pedestrians attempting to cross driveway aprons and streets impacted by lines of cars; and WHEREAS, the goal of any new drive-through waiting lane zoning standards, allowable uses and regulations is to develop comprehensive regulations which recognize and balance the various interests related to drive-through waiting lanes in a manner tailored to the City's unique needs and community vision, and which are supportive of more walkable and pedestrian friendly environments, and which reflect the land use and zoning policy choices of the City; and
WHEREAS, the Glendale Municipal Code contains the standards for the approval of drive-through waiting lanes and establishes the desired physical development requirements; and
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8 WHEREAS, the development standards established for drive-through waiting lines are meant to allow development with drive-through waiting lanes in a logical and safe manner by accommodating patrons of drive-through waiting lanes on-site, thereby minimizing conflicts with multi-modal forms of transportation (walking, cycling, vehicular) in the use of City streets, alleys, bike lanes and sidewalks; and WHEREAS, the drive-through waiting lane development standards contained in Section 30.32.090 and accompanying Chart IX (Section 30.32.180) of the Glendale Municipal Code (“Parking and Loading – Parking Area Design and Layout Standards”) allows development projects that propose a drive-through waiting lane with the minimum dimensions and layout standards for an onsite vehicular waiting lane, including start of lane distances from service windows for restaurant uses and other uses, and from ordering devices, as well as a requirement for a separation lane from the onsite circulation to off-street parking spaces. These standards are intended to eliminate encounters of vehicles using the waiting lane versus vehicular access to off-street parking as well as, eliminate the spillover of waiting vehicles onto adjacent public-r-o-w’s or neighboring properties; and
WHEREAS, there are several current and future uses that are eligible and may propose new or converted drive-through waiting lanes Citywide, and there is one current development proposing a drive-through waiting lane using the drive-through waiting lane development standards that has received some level of discretionary review, Starbucks – 216-222 S Glendale and 611 Orange Grove (Return for Redesign); if developed, this would allow a 1,414 square-foot counter service restaurant with a drive-through waiting lane; and
WHEREAS, the City Council has adopted an ordinance amending the Downtown Specific Plan (DSP) to prohibit developments with drive-through waiting lanes in the DSP because such developments are contrary to the City’s goal of creating a pedestrian- friendly environment and encouraging residents to walk and bike in the DSP, and the City wishes to comprehensively study the benefits of such a prohibition Citywide; and WHEREAS, drive-through waiting lane developments utilizing current development standards are a permitted use in most all Commercial, Mixed-Use and Industrial Zones (currently prohibited in the DSP, and in the IMU-R and SFMU Zones for fast food restaurants only) and do not require any special conditional or other use permit; and
WHEREAS, the City is considering revising or eliminating the drive-through waiting lane development standards or amending the Glendale Municipal Code to require uses proposing drive-through waiting lanes to obtain a conditional use permit, or prohibit such use entirely; and
WHEREAS, maintaining the status quo with respect to drive-through waiting lanes in the City by assuring that no applications for developments that contain uses or standards with new or converted drive-through waiting lanes are accepted, processed or 38 of 818
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8 approved, and no building permits for new or converted drive-through waiting lanes are issued while the City conducts a study on drive-through waiting lanes, is consistent with good planning; and
WHEREAS, until the drive-through waiting lane policy study is complete, and any new regulations are adopted, there is a significant risk that some individuals or entities may make investments in and/or obtain approval to develop new drive-through lanes that would soon thereafter be illegal, nonconforming, or subject to an amortization program; and
WHEREAS, during this process, the City will be thoroughly studying and examining the potential physical, social and environmental impacts of new and existing drive-through waiting lane developments in the City, the impact of the current design, development and other land use standards and requirements on such development, including, but not limited to, whether there is a need for additional drive-through waiting lane development in the City; and
WHEREAS, the potential exists that proposed or converted drive-through waiting lane development project applications are inconsistent and in conflict with any new or eliminated drive-through waiting lane development policies, zoning, or revised standards of property development may be filed during the term that the City is studying potential revisions to drive-through waiting lane development standards and/or uses; and WHEREAS, any approval of new or conversion of drive-through waiting lane development in the City has the potential to contravene future revised drive-through waiting lane design, development and entitlement standards and requirements, while such revisions are being studied, which will result in a threat to the health, safety and general welfare of residents in the City; and
WHEREAS, on September 20 and 27, 2022, the City evaluated the potential environmental effects of adoption of Interim Ordinance No. 5994 temporarily prohibiting approval of new or conversion of drive-through waiting lane development in the City within the meaning of the California Environmental Quality Act (“CEQA”), and the Council found that the adoption of Interim Ordinance No. 5994 was consistent with classes of projects that do not have a significant effect on the environment and thereby approved a Categorical Exemption pursuant to CEQA Guidelines Section 15061(b)(3), 15307, and 15308, and certified that Interim Ordinance No. 5994 was exempt from additional environmental review, including from the preparation of an environmental impact report; and
WHEREAS, on September 27, 2022, the City Council, by a fourth-fifths vote, adopted Interim Ordinance No. 5994 imposing a 45-day moratorium on the approval of any new or conversion of drive-through waiting lane development in the City; and WHEREAS, on October 25, 2022, the City issued a “10-day report” describing the measures taken to alleviate the conditions that led to the adoption of Interim Ordinance 39 of 818
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8 No. 5994 which date was at least 10 days prior to the adoption of this extension, as required by Government Code Section 65858(d); and
WHEREAS, in order to protect the public health, safety and welfare, it is now necessary for the City to undertake action to review and revise applicable provisions of the Glendale Municipal Code in order to provide for the reexamination within a reasonable time, of drive-through waiting lane design, development and entitlement standards and requirements in the City; and
WHEREAS, Government Code Section 65858 provides that a city council may adopt by a four-fifths vote as an urgency measure an interim ordinance prohibiting any uses or development standards that may be in conflict with a general plan or zoning measure that the city is considering or studying, or intends to study within a reasonable time, for 45 days, and may extend such moratorium following notice and public hearing for an additional 10 months and 15 days; and
WHEREAS, the moratorium and extension of Interim Ordinance No. 5994 on new or conversion of existing drive-through waiting lane development for any project will prevent changes to the existing physical environment within the city, and therefore, will not result in significant environmental impacts under CEQA, which are made in comparison to existing physical conditions (CEQA Guidelines Sections 15125(a) and 15126.2(a)); and
WHEREAS, notice of the date, time and place of the public hearing for this Ordinance to extend Interim Ordinance No. 5994 for 10 months and 15 days was given pursuant to Government Code Sections 65090 and 65858, by publication in Glendale Independent on October 10, 2022, and by posting and making available the written report referenced herein, which notified the public the City would be considering a 10 month and 15 day extension of the adopted Interim Ordinance No. 5994 imposing a moratorium on all new or conversion of existing drive-through waiting lane development for any project, together with issuance of a written report describing the measures taken to alleviate the condition which led to the adoption of Interim Ordinance No. 5994.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds, determines, and declares that:
1. The above recitals are true and correct and are incorporated herein by reference as if set forth in full.
2. The City’s Community Development Department staff have fully evaluated the potential environmental effects of adoption of this Interim Ordinance temporarily barring development projects with drive-through waiting lanes and conversion of exiting 40 of 818
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8 drive-through waiting lanes from changing establishments within the City of Glendale within the meaning of and pursuant to CEQA, and the City Council finds that this action is consistent with classes of projects that do not have a significant effect on the environment and thereby approves a Categorical Exemption pursuant to CEQA Guidelines Sections 15061(b)(3), 15307, and 15308, and certifies that this Interim Ordinance is exempt from the requirement of further environmental review or the preparation of an environmental document.
3. The City has an overriding interest in planning and regulating development projects within the City. Implicit in any plan or regulation is the City’s interest in maintaining the quality of urban life and the character of the City’s neighborhoods.
4. Without stable, well-planned neighborhoods, areas of the City can quickly deteriorate, with negative consequences to social, environmental, and economic values.
5. The City has adopted a General Plan and various specific plans, to ensure a well-planned and safe community.
6. The City Council has amended the DSP to prohibit developments that contain drive-through waiting lanes in the DSP because such developments are contrary to the City’s goal of encouraging pedestrian activity and alternative modes of transportation such as bicycle riding and public transportation, and wishes to comprehensively study whether such a prohibition should also be enacted Citywide.
7. The City finds that the potential exists that drive-through waiting lane project applications inconsistent and in conflict with any new or eliminated drive-through waiting lane and development policies, zoning, incentives, impact fees or revised standards of property development may be filed during the term that the City is studying potential revisions to drive-through waiting lane, development standards, and conditional use permit requirements, and that any approval of development uses that include new or converted drive-through waiting lanes have the potential to contravene future revised or eliminated drive-through waiting lanes and development standards while such standards are being studied, which will result in a threat to the public health, safety and general welfare of residents in the City.
SECTION 2. Moratorium.
1. There is hereby imposed a 10 month and 15 day extension of Interim Ordinance No. 5994 on the approval of any land use entitlement(s) and/or permits under the Glendale Municipal Code for development projects which contain new, or conversion of existing, drive-through waiting lanes, defined as any project that proposes the development of a “drive-through waiting lane”, as defined in Glendale Municipal Code section 30.32.090 (“Drive-through Waiting Lane Project”) within the City of Glendale.
2. It is the intent of the City Council that any proposal for a Drive-through Waiting Lane Project within the City during the period of the moratorium shall be 41 of 818
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8 considered inconsistent with this Ordinance and with the City’s land use policies and zoning regulations for all purposes, and by all agencies charged with reviewing any application for such development.
3. City staff is directed to undertake a comprehensive study, as described above, and recommend new or amended policies, zoning or development standards, with respect to drive-through waiting lane developments in the City for consideration by the City Council.
4. Violations of this interim moratorium may be charged as a misdemeanor as set forth in Glendale Municipal Code Section 1.20.010, may be the subject of administrative code enforcement remedies as set forth in Chapter 1.24 of the Glendale Municipal Code, or may be deemed a public nuisance and may be enforced by an action for injunction or civil penalties as provided in the Glendale Municipal Code, or by any other remedy authorized by law.
5. The Glendale City Manager is hereby authorized to direct all City Departments, including the Community Development Department, the Police Department, and City Attorney, to facilitate compliance with the purpose and intent of this Interim Ordinance using the enforcement powers described in the preceding paragraph.
SECTION 3. Urgency.
By the City Council’s making the findings and determinations of fact which the Council declares to constitute an urgency for the immediate preservation of the public health, safety or welfare, the City Council hereby declares that this Ordinance is an urgency measure pursuant to City of Glendale Charter Article 6, Section 7 and Government Code Section 65858, which becomes effective immediately upon adoption by an affirmative vote of at least four-fifths (4/5ths) of the members of the City Council.
SECTION 4. 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 5. Adoption and Incorporation.
The findings and information contained in the City Council staff reports dated September 20 and 27 2022, and October 25, 2022, are hereby adopted and incorporated by reference as though fully set forth herein.
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8 SECTION 6. Effectiveness.
This Ordinance shall go into effect upon the expiration of Interim Ordinance No. 5994 and shall be of no further force and effect 10 months and 15 days from the expiration date of Interim Ordinance No. 5994, unless timely extended by further action of the City Council.
SECTION 7. Certification.
The City Clerk shall certify this Ordinance’s adoption and cause the Ordinance to be published in a manner consistent with the requirements of applicable state and local law.
Adopted by the Council of the City of Glendale on the ____ day of ________, 2022.
___________________________________
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 Urgency Ordinance No. _________ was passed by a 4/5ths vote of the Council of the City of Glendale, California, at a regular meeting held on the _____ day of _________________, 2022, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
___________________________________
City Clerk
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Extension of Interim Urgency Ordinance No. 5994 Prohibiting Developments with New and Conversion of Existing Drive-through Waiting Lanes Citywide
1. Adoption of Ordinance Extending, for an Additional 10 Months and 15 Days, Interim Urgency Ordinance No. 5994 Prohibiting Developments with New and Conversion of Existing Drive-through Waiting Lanes Citywide
COUNCIL ACTION
Item Type: Public Hearing
Approved for November 1, 2022 calendar
EXECUTIVE SUMMARY
On September 27, 2022, Council adopted an interim urgency ordinance imposing a 45- day moratorium on the approval of any developments with new and conversion of existing drive-through waiting lanes throughout the City, with no exemptions for projects that had received some level of discretionary review (return for redesign from the Design Review Board) prior to the effective date of the ordinance. Previously, on September 20, 2022, Council adopted a motion directing staff to engage in a policy analysis to be executed in 2023 to study drive-through waiting lane impacts and demand, and potential modifications to the development standards applicable to drive-through waiting lane proposals. The moratorium on drive-through waiting lane projects was necessary in order to put a pause on such applications to allow time for the City to undertake and complete such a study and make recommendations to Council for potential amendments to the Zoning Code. A report is attached as an exhibit to this staff report detailing the actions that have been taken thus far to alleviate conditions leading to imposition of the moratorium, as required by law. The ordinance adopted on September 27 expires on November 11, 2022, unless extended by Council following a noticed public hearing. Such hearing was noticed for October 25, 2022; after the hearing is conducted, Council may introduce the ordinance to extend the moratorium for an additional 10 months and 15 days beyond its initial expiration. If introduced, Council must vote on whether to adopt the ordinance at the next meeting of November 1, 2022. Council may thereafter extend the moratorium for one additional year. Any extension of an interim ordinance requires a 4/5ths vote of Council. 44 of 818
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COUNCIL PRIORITIES
Infrastructure and Mobility/Connectivity/Safety: The moratorium is consistent Council’s desire to have a well-planned and comprehensive transportation system that is a safe, efficient and well-coordinated multi-modal circulation system that focuses on enhancing roadway safety through effective engineering, enforcement and education to the public.
RECOMMENDATION
That the City Council adopt the ordinance, extending, for 10 months and 15 days, Interim Urgency Ordinance No. 5994 adopted on September 27, 2022, related to a moratorium on new and conversion of existing drive-through waiting lanes.
BACKGROUND
On September 20, 2022, Council directed staff to undertake a study seeking to understand potential physical, social and environmental impacts of new and existing drive-through waiting lane developments in the City by type (i.e., fast food, banks, pharmacies, etc.), the impact of the current design, development and other land use standards and requirements on such development, including, but not limited to, whether there is a need for additional types of drive-through waiting lane development (such as fast food restaurant drive-throughs) in the City. As a result of initiating such a study, which may lead to amended Zoning Code development standards in the future, on September 20, 2022, the Council introduced and subsequently, on September 27, 2022, adopted, an interim urgency ordinance to prohibit new and existing drive-through waiting lane developments citywide. Council elected to not to exempt certain pipeline projects from the effects of the ordinance – those that received a return for redesign determination from the Design Review Board, prior to the effective date of the ordinance. The interim ordinance adopted on September 27 is only effective for 45 days by law, and automatically expires on November 11, 2022, but can be extended twice after notice and public hearing – once for an additional 10 months and 15 days, and once more for an additional year.
If Council extends the moratorium for an additional 10 months and 15 days, during the extended moratorium period, Planning staff will continue to take all necessary steps to commence the drive-through waiting lane study, and return to Council with a report and findings once the study is completed, for Council consideration. It is important to note that even if Council does not vote to extend the moratorium, Planning staff will nonetheless continue to undertake the Council’s directive to undertake the study regarding drive-through waiting lane use/development standards.
ANALYSIS
Under California Government Code section 65858, a city may adopt an interim ordinance to temporarily prohibit certain land uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the city council is considering or intends to study within a reasonable time. The purpose of such an interim ordinance is to give the City time to maintain the status quo and prohibit the issuance of entitlements or permits that would be in conflict with new contemplated standards. The rationale for 45 of 818
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an urgency ordinance that takes immediate effect is to prevent a “rush to the counter” of applications to establish new uses before standards can be put in place. The delay in permits allows the city to subject all new uses to the new standards.
Urgency interim ordinances under Government Code section 65858 require adoption by 4/5ths vote of the Council and expire within 45 days, unless extended in the manner described below. An urgency ordinance may only be adopted if the Council finds that there is a current and immediate threat to the public health, safety and welfare, and that the approval of additional entitlements, permits and other approvals would result in a threat to that public health, safety or welfare. On September 27, 2022, the Council adopted Interim Urgency Ordinance No. 5994, with the required findings, that imposed a 45-day moratorium on new and conversion of existing drive-through waiting lanes development projects citywide. This ordinance automatically expires on November 11, 2022, unless extended prior to that date. At least ten days prior to the expiration of the ordinance or any extension thereof (by November 1, 2022), the City must prepare and issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. As required by law, this ten-day report has been prepared and is attached as an exhibit to this staff report for Council’s review, consideration and comment.
Ordinance No. 5994 may be extended for a period not to exceed 10 months and 15 days following a noticed public hearing. A public hearing has been noticed for October 25, 2022, and after the hearing is conducted, Council may introduce the ordinance to extend the moratorium. If introduced, the Council must vote on whether to adopt the ordinance at the next Council meeting of November 1, 2022. The Council may thereafter extend the moratorium for one additional year. Any extension of an interim ordinance also requires a 4/5ths vote of the Council.
An ordinance extending Interim Urgency Ordinance No. 5994 an additional 10 months and 15 days has been included for introduction, which may occur following the public hearing. The ordinance contains no “pipeline provision” as Interim Urgency Ordinance No. 5994, but Council may introduce this extension ordinance with different, additional or revised exemptions.
STAKEHOLDERS/OUTREACH
Stakeholder and public outreach would be conducted during any policy studies regarding the demand and effect of new or conversion of existing drive-through waiting lane standards and/or processes. This includes any businesses that would be impacted by this change, as well as residents and adjacent neighborhoods to understand impacts to quality of life.
FISCAL IMPACT
The action of placing a moratorium on future drive-through waiting lanes has no direct costs or financial benefits associated with it. Indirectly, the City would not gain the sales tax and associated permit fees that would flow from future drive-through waiting lane developments.
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ENVIRONMENTAL REVIEW
Community Development Department staff have evaluated the potential environmental effects of adoption of the proposed Interim Ordinance temporarily barring new or conversion of existing drive-through waiting lanes within the City of Glendale within the meaning of and pursuant to CEQA, and have concluded that this action is consistent with classes of projects that do not have a significant effect on the environment, and thereby qualify for a Categorical Exemption pursuant to CEQA Guidelines Sections 15061(b)(3), 15307, and 15308; the action is therefore exempt from further environmental review or the preparation of an environmental document.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES
1. Introduce and subsequently adopt an ordinance extending, for 10 months and 15 days, a moratorium on all development projects containing new or conversion of existing drive-through waiting lanes citywide;
2. Decline to introduce an ordinance extending, for 10 months and 15 days, a moratorium on all development projects containing a new or conversion of existing drive-through waiting lanes citywide;
3. Choose any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Bradley Calvert, AICP, Director of Community Development Prepared by:
Kristen Asp, AICP, Principal Planner
Yvette Neukian, Principal Assistant City Attorney
Reviewed by:
Jason Bradford, Director of Finance/Information Services Michael J. Garcia, City Attorney
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS / ATTACHMENTS
Exhibit 1 Interim Urgency Ordinance No. 5994 Prohibiting Issuance of Entitlements and/or Permits for Developments with New or Converted Drive-through Waiting Lanes in the City and Declaring the Urgency Thereof; 47 of 818
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Exhibit 2 Report on Actions Taken to Alleviate Conditions Leading to Imposition of Moratorium.
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Report on Actions Taken to Alleviate Conditions Leading to the Imposition of a Moratorium on New and Conversion of Existing Drive-through Waiting Lanes in the City:
On September 27, 2022, the City of Glendale enacted a Moratorium prohibiting approval of any developments with new and conversion of existing drive-through waiting lanes throughout the City by Interim Urgency Interim Ordinance No. 5994. The Moratorium was enacted for an initial period of 45 days and the City Council will consider an action to extend the Moratorium for up to 10 months and 15 days at a duly noticed Public Hearing on October 25, 2022.
This report provides all interested parties information on actions taken by the City of Glendale to alleviate the conditions leading to the imposition of the Moratorium.
Pursuant to law, this report is being made available at least 10 days prior to the City taking action on extending the Moratorium.
1. Staff has created different alternatives to study regarding the future of drive- through waiting lanes in the City. These alternatives will define the work plan during the moratorium. Staff has identified the following alternatives:
A) Policy Analysis. The analysis will provide an opportunity to evaluate the potential physical, social and environmental impacts of new and existing drive-through waiting lane developments in the City by type (i.e., fast food, banks, pharmacies, etc.), as well as, the demand of existing and future needs of drive-through waiting lanes in the City. This study will consider the impacts and need for different drive-through waiting lane types associated with different uses. It will also analyze the current Zoning Code development standards and recommend amendments to standards based on current drive- through waiting lane trends, as well as study appropriate locations in specific zoning districts. This analysis will also consider the impacts drive-through waiting lanes have on disabled access to goods and services and how potential changes to drive-through waiting lanes standards may have on disabled access.
B) Conditional Use Permit. Staff will also study the potential of drive-through waiting lanes in the City to be required to obtain a conditional use permit. A conditional use permit will require that specific findings be made regarding the compatibility of drive-through waiting lanes use in the City and may also require that specific conditions be met to ensure compatibility with surrounding uses and tailored to City’s unique needs and community vision.
Staff will analyze the impacts of requiring a conditional use permit, including potential special conditions that could be required.
C) Prohibited Use. Staff will study an alternative that would consider prohibiting types of drive-through waiting lanes in the City. This alternative will be developed based on the findings of the proposed policy analysis, and will identify whether the use of certain types of drive-through waiting lanes is 56 of 818
necessary in the City and also present the potential impacts of prohibiting such types. During the period of the extended moratorium, staff will return to Council with updates on each of the potential alternatives, as well as a recommendation for future action.
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5 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GLENDALE AUTHORIZING THE EXECUTION OF A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF GLENDALE AND ADELFIA PROPERTIES II, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
WHEREAS, on February 22, 2022, the Planning Commission of the City of Glendale held a public hearing to consider and recommend the Glendale City Council approve a Development Agreement (“DA”) (attached as Exhibit “A” hereto and incorporated herein by this reference) by and between the City of Glendale ("City") and Adelfia Properties II, LLC, a Delaware Limited Liability Company ("Developer") in connection with development of a 294-unit, 24-story multi-family residential building (“Project”) on the easterly half of the 63,760 SF (1.48 acre) project site zoned Downtown Specific Plan (DSP) Gateway District located at 625 N.
Maryland and 620 N. Brand Boulevard; and
WHEREAS, the Project includes: 247 1-bedroom units and 47 2-bedroom units; 373 subterranean parking spaces for the residential uses and 129 above-ground, replacement parking spaces for existing commercial bank building; sizeable, publicly accessible open space courtyard/plaza fronting Brand Boulevard; and residential amenity spaces and decks throughout the project; and
WHEREAS, the Project has a FAR of 7.25 and the building height is 266 feet (7.25 FAR and 275 feet maximum by right in the DSP Gateway District), and complies with all of the development standards and no variances are proposed; and WHEREAS, the Project also involves preservation of an existing a six-story commercial bank/office building located on site at 620 N. Brand Boulevard, and demolition a two-level parking garage and adjacent commercial building to the rear of the site along Maryland Avenue (625 N. Maryland Avenue); and
WHEREAS, the City has confirmed that the Developer has an equitable interest in the property on which the Project is to be located; and
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5 WHEREAS, the Developer has requested the City enter into the DA to preserve the Project entitlements for a six (6) year term, and lock in the current Development Impact Fees (impact and linkage fees, exactions, or fair share charges imposed on new development) for the Project including the Public Use Facilities Development Impact Fee (GMC Section 4.10); Affordable Housing Development Impact Fee (GMC Section 4.11); and Inclusionary Housing Requirements (GMC Section 30.35.060) so that the Developer has time to finance and construct the Project in light of the continued financial instability resulting from the uneven economic recovery from the COVID-19 pandemic, and so that the Developer has sufficient time to secure construction financing and subsequent preparation of construction documents, plan check and permitting; and
WHEREAS, pursuant to Government Code Section 65864 et seq., the City Planning Commission has transmitted its findings, comments and recommendations on the DA to the City Council; and
WHEREAS, the City Council has reviewed and considered the DA and the findings and recommendations of the City Planning Commission; and
WHEREAS, the Community Development Department, after having conducted an Initial Study, prepared a Sustainable Communities Environmental Assessment (SCEA) for the Project, under the California Environmental Quality Act (CEQA) and pursuant to Public Resources Code Section 21155 et seq., which SCEA, including public comments and responses to comments, (Exhibit 7) was presented to City Council for consideration and approval prior to Project approval on June 14, 2022; and
WHEREAS, on June 14, 2022, following a public hearing on the Project and found Project would not cause any significant non-mitigable environmental impacts and based thereon approved the SCEA and adopted a Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, after considering the Development Agreement, the City finds and determines that the Development Agreement is in the vital and best interests of the City and the health, 59 of 818
3 safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA:
1. The City Council hereby finds and determines as follows:
(a) The City has complied with the applicable requirements of the California Environmental Quality Act.
(b) The Development Agreement is consistent with the City's General Plan, with the Downtown Specific Plan.
(c) The Development Agreement fully complies with all currently applicable provisions of the Glendale Municipal Code.
(d) The Development Agreement will not be detrimental to the public health, safety and general welfare because it encourages the development of much-needed housing in a location that is recognized by state law as a transit priority project that qualifies for a stream-lined environmental assessment under CEQA because the location of the project will reduce impacts on air quality and greenhouse gas emissions compared to developments not so situated. (e) The Development Agreement is compatible with the orderly development of property in the surrounding area, and will provide enhancements to the surrounding area and public benefit, including housing.
(f) The Development Agreement constitutes a lawful present exercise of the City's police power and complies with all applicable City and State regulations governing Development Agreements.
(g) The Development Agreement is necessary to strengthen the public planning process and to reduce the public and private costs of development uncertainty.
2. Based on all the findings contained herein, the City Council hereby approves the Development Agreement and authorizes and directs the City Manager to execute it on behalf of 60 of 818
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3. The City Clerk shall certify as to the passage of this Ordinance and cause the same to be published in the Glendale Independent or other local newspaper of general circulation, consistent with requirements of applicable State and local law.
4. This Ordinance shall be effective 30 days after the date of adoption.
Adopted this ______ day of ______________________, 2022. ________________________________
Mayor
ATTEST:
______________________________
City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, certify that the foregoing Ordinance No. ________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the __________ day of ________________, 2022, and that same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
__________________________________
City Clerk
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5 EXHIBIT “A”
DEVELOPMENT AGREEMENT
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE SPECIAL CITY COUNCIL
AGENDA ITEM
Report: Ordinance Authorizing Entry into a Statutory Development Agreement between the City of Glendale and Adelfia Properties II, LLC, a Delaware limited liability company in Connection with the Lucia Park Project (620 North Brand Boulevard and 625 North Maryland Avenue)
1. Ordinance for Development Agreement
COUNCIL ACTION
Item Type: Action Item
Approved for November 1, 2022 calendar
EXECUTIVE SUMMARY
A Development Agreement is proposed between the City of Glendale and Adelfia Properties II, LLC, a Delaware limited liability company (the owner) for a 24-story, 294- unit residential project, pursuant to Government Code Section 65864 through 65869.5.
The Development Agreement (“DA”) provides a six-year entitlement period for the project and locks in the project’s current Development Impact Fees including the Public Use Facilities Development Impact Fee (GMC Section 4.10); Affordable Housing Development Impact Fee (GMC Section 4.11); and Inclusionary Housing Requirements (GMC Section 30.35.060). The Development Agreement was originally introduced for adoption at the June 14, 2022 City Council meeting.
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COUNCIL PRIORITIES
Housing: Balanced, Quality Housing and the maintenance, preservation, and development of balanced housing opportunities.
RECOMMENDATION
That the City Council adopt the ordinance approving the Statutory Development Agreement between the City of Glendale and Adelfia Properties II, LLC, a Delaware limited liability company.
BACKGROUND
On June 14, 2022, the City Council approved the Stage II Final Design Review Submission and adopted a Sustainable Communities Environmental Assessment (SCEA) and Mitigation Monitoring and Reporting Program for the Lucia Park Project located at 620 N. Brand Boulevard and 625 North Maryland Avenue.
The Lucia Park project site is 1.48 acres and is bordered by Brand Boulevard to the west, the 134 Freeway to the north, Maryland Avenue to the east, and a six-story commercial office building and surface parking lot to the south. The site is developed with a six-story office building (Chase Bank/CoIdwell Banker) and a two-story parking structure with an attached 12,156 square-foot commercial building.
The proposed project is a 294-unit, 24-story multi-family residential building that includes 373 subterranean parking spaces for the residential use and 129 above-ground spaces for the bank building and commercial use; a publicly accessible open space plaza fronting Brand Boulevard; and residential amenity spaces throughout the Project.
No changes are proposed to the commercial/bank building with the exception of applying for the building to be placed on the National Historic Register. The parking garage and attached commercial space would be demolished. No variances are required.
During the June 14, 2022 meeting the City Council introduced an ordinance for adoption of a development agreement for the Project. An ordinance requires two hearings: an introductory hearing followed by a second public hearing to consider adoption of the ordinance. The second public hearing for the DA was not put on a subsequent agenda and the City Council did not consider adoption of the DA ordinance. The DA is being brought to the City Council for consideration of adoption.
ANALYSIS
The DA preserves the Project entitlements for a six (6) year term (Exhibit 1). In addition, the DA locks in the current Development Impact Fees (impact and linkage fees, exactions, or fair share charges imposed on new development) including the Public Use 64 of 818
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Facilities Development Impact Fee (GMC Section 4.10); Affordable Housing Development Impact Fee (GMC Section 4.11); and Inclusionary Housing Requirements (GMC Section 30.35.060). The DA incorporates the proposed Stage II Design, including the Public Accessible Open Space, and provides indemnification of the City, acknowledgements, agreements and assurances on the part of the Developer and the City.
The DA was requested by the applicant to preserve the Project’s entitlements to allow additional time for the continued financial instability resulting from the uneven economic recovery from the COVID-19 pandemic to resolve, and provide additional time to secure construction financing and subsequent preparation of construction documents, plan check and permitting.
On February 2, 2022, the DA was presented to the Planning Commission for review and Recommendation. The Planning Commission determined the DA is consistent with the City's General Plan and the DSP and recommended approval with one comment. The Planning Commission recommended that the applicant/owner reach out to the skilled labor groups/unions regarding local hiring for construction. See Exhibit 2 for Planning Commission’s Motion.
STAKEHOLDERS/OUTREACH
Code requires publication of public notices when the City Council considers approval of entitlements. Staff published all required notices in the Glendale Independent newspaper and mailed copies to all property owners and occupants with 500 feet of the project site for all public meetings and hearings, including the original City Council meeting, and the site was duly posted. CEQA noticing requirements for the SCEA were met as well.
FISCAL IMPACT
There is no direct fiscal impact associated with approval of the DA. However, to the extent the DA facilitates the Project’s development, the Project would have a fiscal impact consistent with other quality downtown residential projects including new property taxes, building permit/plan check fees, and potential increased sales tax by expanding the downtown residential base.
ENVIRONMENTAL REVIEW
On June 14, 2022, the City Council adopted a Sustainable Communities Environmental Assessment and Mitigation Monitoring and Reporting Program in accordance with Public Resources Code Section 21155(b) that evaluated the potential environmental effects of the Project (“SCEA”), and determined the Project would not have a significant effect on the environment with implementation of the identified mitigating measures. The DA would lock-in the Project’s entitlements and would not modify or revise the Project, and thus 65 of 818
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would not create any new significant environmental effects or a substantial increase in the severity of previously identified significant effects in the SCEA.
CAMPAIGN DISCLOSURE
In accordance with Council direction pursuant to the adopted City Campaign Finance Ordinance, the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, subcontractors and any person or entity with 10% interest or more in the company proposed for contract in this Agenda Item Report is attached as Exhibit 3.
ALTERNATIVES
Alternative 1: Approve the approving the DA. This Alternative would secure the Project’s current entitlements and fee structure for six years;
Alternative 2: Do not approve the Ordinance. This Alternative would cause the Project to lose its entitlements on June 14, 2024. Per GMC Section 30.41.015 the applicant could request a one-year time extension of the Project approvals if certain findings are met. Upon the expiration of the Project entitlements, the applicant would have to re-entitle a new project taking it through the complete City entitlement process including design review and CEQA.
Alternative 3: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Prepared by:
Vilia Zemaitaitis, Principal Planner
Mark Berry, Deputy Director of Community Dev/Economic Dev Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS / ATTACHMENTS
Exhibit 1 Development Agreement
Exhibit 2 Planning Commission Recommendation
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Exhibit 3 Campaign Finance Disclosure
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(SPACE ABOVE FOR RECORDER’S USE)
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF GLENDALE,
a California municipal corporation,
and
ADELFIA PROPERTIES II, LLC,
a Delaware Limited Liability Company
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE §65868.5
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code §§ 6103 and
27383
Recording requested by and when recorded
return to:
City Clerk
City of Glendale
613 E. Broadway, Room 110
Glendale, CA 91206
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TABLE OF CONTENTS
Page
1. Recitals ...........................................................................................................................1
2. Definitions ......................................................................................................................2
3. Binding Effect ................................................................................................................5
4. Negation of Agency ....................................................................................................... 5
5. Development Impact Fees and Affordable Housing ......................................................5
6. Developer Covenants .................................................................................................... 6
7. Applicable Rules; Reserved Powers ...............................................................................6
8. Limitation on Application of Conflicting Requirements ...............................................8
9. Acknowledgments, Agreements and Assurances on the Part of Developer .................. 8
10. Acknowledgments, Agreements and Assurances on the Part of the City ...................... 8
11. Acknowledgements, Agreements, and Assurances on the Part of the Parties ............... 9
12. Cooperation and Implementation ..................................................................................10
13. Compliance; Default; Termination; Modifications and Amendments .........................11
14. Administration .............................................................................................................. 13
15. Term of Agreement ...................................................................................................... 13
16. Administration of Agreement and Resolution of Disputes .......................................... 14
17. Injunctive Relief ...........................................................................................................14
18. No Personal Liability .................................................................................................... 14
19. Mortgagee Protection ...................................................................................................14
20. Notices..........................................................................................................................15
21. Recordation. .................................................................................................................16
22. Severability and Termination ........................................................................................ 16
23. Time of Essence ........................................................................................................... 17
24. W aiver ..........................................................................................................................17
25. Enforced Delay; Extension Of Time Of Performance ................................................. 17
26. No Third Party Beneficiaries .........................................................................................17
27. Attorneys’ Fees............................................................................................................ 17
28. Applicable Law ............................................................................................................17
29. Authority to Execute; Binding Effect .......................................................................... 18
30. Entire Agreement; Conflicts.........................................................................................18
31. City Approvals and Actions .........................................................................................18
32. Counterparts .................................................................................................................18
33. Digital Signatures ........................................................................................................ 18
34. Integration ....................................................................................................................18
35. Interpretation ................................................................................................................19
36. Legal Advice .................................................................................................................19
37. Conflicts of Interest ......................................................................................................19
38. Assignment ...................................................................................................................19 69 of 818
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Page on Which
Exhibits First Referenced
Exhibit A Legal Description ............................................................................. 1 Exhibit B Project Site .......................................................................................1 Exhibit C Approved Project ..............................................................................1 Exhibit D Project Entitlements .........................................................................1 70 of 818
1 DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”) is made in Los Angeles County, California as of , 2022, by and between the CITY OF GLENDALE, a municipal corporation and charter city (the “City”), and ADELFIA PROPERTIES II, LLC, a Delaware limited liability company (“Developer”). Together, the City and Developer shall be referred to as the “Parties” or each individually a "Party."
RECITALS
1. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties:
(a) The City is authorized, pursuant to Government Code §§65864 through 65869.5, the Development Agreement Statutes, and under its authority as a charter city to enter into binding agreements with persons or entities having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process;
(b) Developer is the owner of the real property located at 620 North Brand and 625 North Maryland Avenue, in the City of Glendale, County of Los Angeles, State of California, described in Exhibit "A", (“Legal Description”), and as further depicted in Exhibit “B” (the " Site” or “Project Site”), both Exhibits being attached hereto and incorporated herein by this reference (the "Property").
(c) Developer proposes to construct a multi-family residential project on the Property, as further described in Exhibit "C", (the "Approved Project") located in the Gateway District (“District”) of the Downtown Specific Plan (“DSP”) area in the City of Glendal e, and Developer requests the Project entitlements, as further described in Exhibit "D".
(d) The Project will provide the following benefits to the City, which include, but are not limited to, the following:
(1) A new multi-family residential development in downtown Glendale in conformance with the DSP;
(2) An expanded property tax base and incidental sales tax revenues;
(3) High quality design that contributes to the downtown’s unique sense of place, and provides an important component to a thriving downtown and city;
(4) An increase in the population staying, working and recreating downtown, which will help reduce commuter traffic and other impacts on quality of life;
(5) Employment opportunities for City residents during and after Project construction; and
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2 (6) A public art contribution, made pursuant to the DSP art requirement, for use and enjoyment by downtown residents, visitors, and the general public.
(e) On ___________ , the Planning Commission of the City held a duly noticed public hearing on Developer’s application for a Development Agreement and by motion recommended to the City Council approval of this Agreement based on a finding that the proposed Agreement is consistent with the General Plan and Downtown Specific Plan.
(f) On June 14, 2022, the City Council held a duly noticed public hearing on Developer’s application for this Agreement and introduced an ordinance to implement this Agreement. The City Council approved and determined that:
(1) An environmental review has been conducted and the Project was determined to qualify for review under the California Environmental Quality Act ("CEQA") using a Sustainable Communities Environmental Analysis (SCEA); and
(2) A Stage I & II Design Review for the Project.
(g) On____________, the City Council adopted Ordinance No. approving this Agreement.
(h) Pursuant to Government Code §65867.5, the City Council of the City of Glendale (“City Council”) finds that: (i) this Agreement, the Applicable Rules and any Future Approvals (as defined herein) of the Project implement the goals and policies of the City of Glendale’s General Plan (“General Plan ”) and the DSP, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maint ain the overall quality of life and the environment within the City; (ii) this Agreement, and the Project as depicted in the approved Stage I& II Project design, as shown on Exhibit “C” hereto, and incorporated herein by this reference, is in the best interests of, and not a detriment to, the public health, safety and general welfare of the residents of the City and the surrounding region; (iii) this Agreement is compatible with the uses authorized in the zoning district and planning area in which the P roject Site is located; (iv) adopting this Agreement is consistent with the General Plan and DSP, and constitutes a present exercise of the City’s police power and in accordance with its authority as a charter city; and (v) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code §65867.
2. Definitions. In this Agreement capitalized terms shall have the meanings set forth below, or if not defined in this Section 2, shall have the meaning ascribed thereto when such terms are first used herein:
(a) “Agreement” means this Development Agreement by and between the City and Developer, including all exhibits attached hereto and all amendments and modifications thereto.
(b) “Applicable Rules” are as defined in Section 7(a).
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3 (c) “Approved Project” means the Project approved by the City on June 14, 2022, which consists of the City approved Sustainable Communities Environmental Assessment (“SCEA”) SCH Number 2022010297, Stage II Final Design Review Case No. PDR 2119308, and this Development Agreement (“DA”) City Case No. PDA1806045, all of which are as shown and described in Exhibits “C” and “D” attached hereto and incorporated herein by this reference.
(d) “Construction Period” shall mean the time period during which the Project is being constructed pursuant to the Approved Project attached hereto as Exhibit “C”.
(e) “Developer” means Adelfia Properties II, LLC, a Delaware limited liability company, as developer of record, and any of their successors or assigns.
(f) “Developer Property” means property with a legal and equitable ownership held by Developer, and as identified on Site Map attached hereto as Exhibit “A” hereto and incorporated herein by this reference, and described more particularly in the Legal Description attached hereto as Exhibit “B” hereto and incorporated herein by this reference.
(g) “Development Impact Fee(s)” means those impact fees, linkage fees, exactions, or fair share charges or other similar impact fees or char ges (collected as a condition to issuance of demolition, grading and/or building permits, or other permits) imposed by the City on and/or in connection with new development. Development Impact Fees do not include (i) Filing or Processing Fees; or (ii) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed on impacts of new development; (iii) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities and which the City is required to collect or assess pursuant to applicable law (e.g., school district impact fees pursuant to Government Code Section 65995).
(h) “Effective Date” is the date the Ordinance approving this Agreement becomes effective.
(i) “Enforced Delay” is defined in Section 25 below.
(j) “Filing or Processing Fees” means those fees uniformly charged by various City departments to cover the administrative costs of, among other things, reviewing and analyzing permit applications and similar requests for ministerial and/or discretionary approvals.
(k) “Future Approvals ” means any action approved by the City which implement development of the Project, including, without limitation, parcel maps, tentative subdivision maps, lot line adjustments, development plan, any applicable specific plan, site plan reviews, variances, conditional use permits, and approvals related to construction of off-site affordable housing, if any.
Future Approvals, as they may be granted from time to time, shall become part of the Applicable Rules.
(l) “Hazardous Materials” means any toxic substance, materials, or waste which is now regulated by any local governmental authority, the State of Calif ornia, or the United States Government under any Environmental Law including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Sections 25115, 25117, or 25122.7, or listed pursuant to Section 25140 of the 73 of 818
4 California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) a petroleum or refined petroleum product, including without limitation petroleum-based paints and solvents, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether (MTBE), (ix) listed under Article 9 or defined as "hazardous" or "extremel y hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (x) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. , (xii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 e t seq. , (xiii) any flammable or explosive materials, (xiv) a radioactive material, or (xv) lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds and including any different products and materials which have been found to have adverse effects on the environment or the health and safety of persons.
(m) “Improvements” means the Project to be constructed by Developer or by its tenants on the Project Site, pursuant to the Approved P roject and the Applicable Rules and the Plans submitted by Developer and approved by the City.
(n) “Indemnitees” is defined in Section 12(d) below.
(o) “Minor Change” is defined in Section 11(a) below.
(p) “Mortgagee” is defined in Section 19 below.
(q) “Municipal Code” means the Glendale Municipal Code and all amendments thereto.
(r) “Periodic Review” is defined in Section 13(a) below.
(s) “Plans” shall mean plans, specifications, drawings and other information required for the construction of the Improvements, which may include as applicable: (a) designs, locations and dimensions of Improvements, (b) site plans, (c) street level plans, (d) typical building floor plans, (e) key elevations and key building cross sections, (f) features in public areas, (g) landscape features, materials and sizes, (h) locations for signs and signage designs, (i) parking facilities with spaces indicated, (j) general construction techniques, (k) detailed tabulation of floor area by use, (l) structural dimensions and elevations, (m) building materials and colors, all of which shall be consistent with the Approved Project, and (n) written requirements for materials, equipment, systems, standards and workmanship, and/or working drawings.
(t) “Project” is defined in Recital 1(c) herein above.
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5 (u) “Project Site” is defined in Recital 1(b) herein above.
(v) “Reserved Powers” means the rights and authority excepted from the restrictions of this Agreement on the City's police powers and which are instead reserved to the City. The Reserved Powers include the power to enact and implement rules, regulations, ordinances and policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in conflict with the Applicable Rules but are permitted by Section 7 (b) of this Agreement.
(w) “Specific Plan” means the Glendale Downtown Specific Plan applicable to this Project.
(x) “Term” means the applicable period of time during which this Agreement shall be in effect and shall bind the City and Developer, as described in Section 15.
(y) Other terms not specifically defined in this Agreement shall have the same meaning as set forth in the Municipal Code or applicable Specific Plan.
3. Binding Effect . This Agreement, and all of the terms and conditions of this Agreement shall, to the extent permitted by law, constitute covenants which shall run with the land comprising the Project Site for the benefit thereof, and the benefits and burdens of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective assigns, heirs, or other successors in interest.
4. Negation of Agency. The Parties acknowledge that by entering into and performing under this Agreement each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers, partners, agents of the other, or employer/employee.
5. Development Impact Fees and Affordable Housing.
(a) This Agreement freezes the amount of Development Impact Fees, if any, that may be owed by this Project, including but not limited to any impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on and in connection with Approved Project by the City pursuant to rules, regulations, ordinances and policies of the City, including but not limited to (i) Public Use Facilities Development Impact Fees pursuant to Glendale Municipal Code Chapter 4.10, (ii) Affordable Housing Development Impact Fees pursuant to Glendale Municipal Code Chapter 4.11, (iii) the In- Lieu Affordable Housing Fees pursuant to Glendale Municipal Code section 30.35.060, and (iv) except as otherwise provided in Section 7 of this Agreement, the Parties agree that this Project shall not be subject any increases in Development Impact Fees that may be imposed after the Effective Date of this Agreement.
(b) Developer shall comply with the Inclusionary Housing Requirements set forth in GMC Chapter 30.35 by: (i) paying the In-Lieu Fee amount, in effect on the Effective Date of this Agreement, prior to the issuance of a temporary or final certificate of occupancy for the Approved Project (“Option 1)”); or (ii) 75 of 818
6 constructing the required inclusionary units on site (“Option 2”); or (iii) paying a combination of an In- Lieu Fee and constructing inclusionary units on- site (“Option 3”); or (iv) constructing the required inclusionary units off -site (“Option 4”); or (v) by acquiring and rehabilitating existing off-site market-rate units located in the City of Glendale and converting them to units affordable to low income households (“Option 5”).
(c) Prior to the Effective Date of this Agreement, Developer has not identified any off -site market-rate units that are both available to acquire and rehabilitate in order to pursue Option 5 compliance with GMC Chapter 30.35. If, however, following the Effective Date of this Agreement, Developer acquires and rehabilitates off-site existing market-rate units in compliance with GMC §30.35.075, with CEQA and with all other applicable Governmental Requirements, and Developer obtains a temporary or final certificate of occupancy for the Off Site Rehab Units prior to the issuance of a temporary or final certificate of occupancy of the Approved Project, then Developer shall be in compliance with GMC Chapter 30.35.
6. Developer Covenants. Developer covenants and agrees the covenants contained in this Agreement run with the land, and that should Developer construct the Approved Project, and for so long as the Approved Project is in existence, Developer shall operate and maintain the Approved Project in accordance with the conditions of the Project entitlements contained in Exhibit “D” attached hereto and incorporated herein by this reference, which may be modified from time to time in compliance with the provisions of the Glendale Municipal Code ("GMC") .
In addition, Developer may seek subsequent modifications to the Approved Project as it pertains to Design Review procedures set forth in GMC section 30.47, and subject to the applicable processes for Minor Changes and amending or modifying this Agreement, as the case may be, as provided for in this Agreement and as required by the California Government Code.
7. Applicable Rules; Reserved Powers. The development standards and restrictions set forth in this Section 7 shall govern the use and development of the Project and the Project Site and shall constitute the Applicable Rules, except as subject to the Reserved Powers and otherwise provided herein.
(a) Applicable Rules. The following shall be part of the Applicable Rules, in effect as of the Effective Date of this Agreement:
(1) The General Plan;
(2) Downtown Specific Plan;
(3) The Municipal Code (including the Zoning Code) to the extent it is not amended or superseded by the Downtown Specific Plan;
(4) Such other ordinances, rules, regulations, and official policies of the City governing permitted uses of the Project, and density, design, improvement, and construction standards and specifications applicable to the development of the Project and to the extent they are not superseded by the Downtown Specific Plan;
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7 (5) This Agreement and Exhibits and all attachments thereto;
(6) The Approved Project and all Future Approvals; and
(7) The permit fees and all other applicable fees, except those set forth in Section 5 herein above, will be assessed at the time that they are required, and are not fixed as a part of this Agreement. Notwithstanding this provision, the amount of the City’s sewer mitigation fee, if any, shall be fixed in the sum applicable to the Project of the date of final approval of the Project, May 22, 2018.
(b) Public Open Space. The Project shall comply with the public open space standards required in Section 5.4, Open Space Design Standards and Guidelines, of the Downtown Specific Plan, in effect on the Effective Date of this Agreement.
(c) Reserved Powers . Notwithstanding any provisions of this Agreement to the contrary, the City reserves the right through its Reserved Powers, as defined herein below, to enact and implement:
(1) Ordinances, rules, regulations and policies relating to uniform codes, including reach or stretch codes adopted by City or by the State of California, such as, but not limited to, the Uniform Building Code, the California Building Standards Code, International Building Code as adopted by the California Building Standards Commission, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, as amended (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi- state organization and which are applicable City -wide), and the application of such uniform codes to the Project at the time of application for issuance of building permits for structures on the Project Site including such amendments to uniform codes as the City may adopt from time to time;
(2) Rules, regulations, ordinances and/or policies determined by the City to be necessary in order to prevent or remedy conditions dangerous to the health and safety of City residents;
(3) In the event that State or Federal laws or regulations prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, the City shall not adopt or undertake any regulation, program or action or take any action required by State or Federal laws or regulations which is/are inconsistent with or in conflict with this Agreement until it has met and discussed the proposed action with Developer;
(4) The City shall retain all of its discretion with respect to determinations regarding requests for Future Approvals consistent with the Applicable Rules and this Agreement. 77 of 818
8 8. Limitation on Application of Conflicting Requirements. This Agreement shall not preclude the application to the Project of rules, regulations, ordinances and officially adopted plans and policies not in conflict with the Applicable Rules.
9. Acknowledgments, Agreements and Assurances on the Part of Developer. In order to effectuate the provisions of this Agreement, and in consideration for the City entering into this Agreement and obligating itself to carry out the covenants and conditions set forth herein, Developer hereby agrees and acknowledges that:
(a) Construction of Project. The Project, including the Improvements, shall be constructed pursuant to this Agreement and the Applicable Rules.
(b) Other Governmental Permits. Developer shall apply in a timely manner for such other permits and approvals as may be required from other governmental or quasi - governmental agencies having jurisdiction over the Project for the development of, or provision of services to, the Project. The City shall cooperate with Developer in its endeavors to obtain such permits and approvals, but Developer shall have no separate cause of action against the City under this Section 9 if Developer fails to obtain such permits and approvals.
10. Acknowledgments, Agreements and Assurances on the Part of the City . In order to effectuate the provisions of this Agreement, and in consideration for Developer entering this Agreement and obligating itself to carry out the covenants and conditions set forth in the preceding Section of this Agreement, the City hereby agrees and acknowledges that:
(a) Entitlement to Develop. Developer is hereby granted the vested right to develop the Project on the Project Site to the extent and in the manner provided in this Agreement, subject to and in accordance with the Applicable Rules, Reserved Powers, and the Future Approvals. The City hereby grants and Developer shall have the vested right to develop and construct the Project in accordance with the Applicable Rules, subject to termination of this Agreement as set forth hereinafter. The vested right to develop and construct the Project includes an extension of the life of the Project Approvals for the Term of this Agreement.
(b) Conflicting Enactments. With the exception of those changes authorized by the Reserved Powers, as defined herein in Section 7 (b), any other change in the Applicable Rules, including, without limitation, any change in the General Plan, Downtown Specific Plan, zoning, subdivision or building regulation, adopted or becoming effective after the Effective Date, and adopted in any form by the City Council, the Planning Commission or any other board, commission or department of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project Site and which would conflict in any way with or be more restrictive than the Applicable Rules shall not be applied by the City to any part of the Project Site. If Developer elects to have any such change made part of the Applicable Rules, then Developer shall give the City written notice of its election to have such change in the Applicable Rules applied to such portion of the Project and/or Project Site, in which case such change shall be deemed to be an Applicable Rule insofar as that portion of the Project and/or Project Site is concerned. 78 of 818
9 (c) Permitted Conditions. Provided Developer’s applications for any Future Approvals are consistent with this Agreement and the Applicable Rules, the City shall review and consider, subject to the Reserved Powers, including Section 7 (b)(4), such Future Approvals in accordance with the Applicable Rules and this Agreement and subject to the City’s review as applicable, authorize development of the Project Site for the uses and to the density and regulations as described herein. The City shall have the right to impose conditions in connection with Future Approvals provided, however, that such conditions and dedications shall not be inconsistent with this Agreement or the Applicable Rules.
11. Acknowledgements, Agreements, and Assurances on the Part of the Parties. In order to effectuate the provisions of this Agreement, and in consideration for the Parties entering this Agreement and obligating themselves to carry out the covenants and conditions set forth in the preceding Section of this Agreement, the Parties hereby agree and acknowledge that:
(a) Administrative Changes and Amendments . The Parties acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement. If and when the parties find that “Minor Changes”, as herein defined, ar e necessary or appropriate, they shall, unless otherwise required by law, effectuate such changes or adjustments through administrative amendments executed by Developer and the City Manager or their designee, pursuant to the processes established through the Applicable Rules and Reserved Powers. As used herein, “Minor Changes” are changes, modifications or adjustments, which are consistent with the Applicable Rules, and which do not materially alter the overall nature, scope, or design of the Project, incl uding, without limitation, minor changes in locations of buildings, streets, or infrastructure, configuration and size of parcels or lots (including lot line adjustments), or development of the infrastructure, provided, however, that any Minor Changes shall be subject to the limitations set forth in this Section 11 of this Agreement. Minor Changes shall not be deemed to be an amendment to this Agreement under Government Code section 65868, and unless otherwise required by law, no such administrative amendments shall require prior notice or hearing by the Planning Commission or City Council.
12. Cooperation and Implementation. The City and Developer agree that they will cooperate with one another to the fullest extent reasonable and feasible to implement this Agreement. Such cooperation shall include, but is not limited to, the following:
(a) Further Assurances; Covenant to Sign Documents. Each Party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, including estoppel certificates, which may be necessary or proper to achieve the purposes and objectives of this Agreement. The Party requesting the herein described actions, including the execution of any documents, writings and estoppel certificates (collectively documents), shall pay for all legal and other consulting fees and/or costs incurred by the City in reviewing such documents.
(b) Processing. Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate filing or processing fees, if any, the City shall, 79 of 818
10 subject to all legal requirements, promptly initiate, diligently process, and complete all required steps, and promptly act upon any approvals and permits necessary for the development by Developer in accordance with this Agreement.
(c) Defense of Agreement. The City and Developer agree to cooperate, and to timely take all actions necessary or required to uphold the validity and enforceability of this Agreement, Applicable Rules, and Reserved Powers subject to the indemnification provisions of Section 12 (d) herein below. The City and Developer shall promptly notify one another of any claim, action, or proceeding brought forth within this time period.
(d) Indemnification. Developer shall indemnify, defend and hold harmless (with counsel reasonably acceptable to the City) the City, their officers, agents and employees, (the “Indemnitees”), from and against any and all claims, demands, costs, judgments, attorneys’ fees and/or liabilities which arise from (i) the performance of this Agreement by Developer or Developer's ownership, development, use, or operation of the Project on the Site or any portion thereof, pursuant to this Agreement, excepting those liabilities which are caused by the Indemnitees' (or any of them) gross negligence or willful misconduct, and (ii) any litigation challenging the validity and/or sufficiency of the environmental review and/or land use entitlements for the Project. The City agrees to work w ith Developer to discuss and effectuate settlement of any litigation hereunder where it is in the Parties’ best interests to do so. Indemnitees and Developer, upon mutual consent, shall have the right to require that any case be handled through an alternative dispute resolution process. The City and Developer agree to fully cooperate with one another in any case where no conflict of interest between the Parties exist. Without limiting the generality of the foregoing, Developer specifically agrees to indemnify, defend and hold harmless the Indemnitees from any liabilities resulting from Developer's failure to comply with all laws applicable to the Project on the Project Site.
13. Compliance; Default; Termination; Modifications and Amendments.
(a) Review of C ompliance. During the term of this Agreement, the City shall review this Agreement on or before each anniversary of the Effective Date (“Periodic Review”) in order to determine whether Developer is in good faith compliance with any specific term or provisi on of this Agreement. At the commencement of each Periodic Review, the Director shall notify Developer in writing that the Periodic Review will commence or has commenced. The City shall notify Developer regarding any alleged non-compliance on the part of Developer.
Within thirty
(30) days after receipt of the Director’s notice that the Periodic Review will commence or has commenced (and unless Developer requests and is granted a waiver by the City), the City may request Developer to demonstrate good faith compliance with this Agreement.
(1) Non-Compliance/Default by Developer. In addition to the Periodic Review process set forth in this Section 13, in the event Developer does not perform its obligations under this Agreement in a timely manner, the City shall have those rights and remedies provided for in this Agreement.
(2) Notice of Non -Compliance/Default. With respect to any non - compliance/default under this Agreement, the City shall submit to Developer, by registered or 80 of 818
11 certified mail return receipt requested, a written notice of default in the manner prescribed in Section 20 herein, identifying with specificity those obligations of Developer, which have not been performed. Upon receipt of the notice of non -compliance/default, Developer shall promptly commence to cure the identified defaults(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default(s) not later than sixty (60) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that Developer shall continuously and diligently pursue such remedy at all times until such default(s) is cured. Pursuant to Section 19, Mortgagees may be entitled to notice of any default by Developer hereunder and an additional period on which to cure such default.
(3) Developer Failure to Cure Non-Compliance/Default Procedure. If, after the cure period has elapsed, the City finds and determines that (i) Developer has not demonstrated that it is in compliance with this Agreement, and (ii) Developer is out of compliance with a specific, substantive term or any provision of this Agreement, then the City shall first notify Developer in writing and then shall make a report to the City Council and set a public hearing before the City Council in accordance with the notice and hearing requirements of Government Code sections 65867 and 65868. If, after public hearing, the City Council finds and determines, on the basis of substantial evidence, that Developer has not cured the default pursuant to this Section, then the City may terminate or modify this Agreement. Notwithstanding the foregoing, non-performance by either Party shall be excused when it is delayed unavoidably and beyond the reasonable control of the Parties as a result of any of the events identified in Section 25 of this Agreement.
(b) Developer Default. Subject to the cure period set forth in this paragraph and Force Majeure (as defined herein in Section 25), and provided that Developer elects to commence Project construction, failure by Developer to construct, operate and maintain the Approved Project as required by this Agreement, and following notice and failure to cure as described hereafter, constitutes a “Default” under this Section of the Agreement, and entitles the City to institute legal actions pursuant to Section 13 or as otherwise permitted by this Agreement. Except as otherwise expressly provided in this Agreement, the City shall not institute any proceeding against Developer and Developer shall not be in Default if within sixty (60) days from receipt of the notice required by this Section 13, Developer promptly and with due diligence, commences to cure, correct or remedy such failure or delay within such sixty (60) day period and diligently prosecutes such cure to completion. In addition to any other remedies, the City has the option, in its sole and absolute discretion, to terminate this Agreement if Developer fails to cure the Default.
(c) Institution of Legal Actions . In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, the City may institute an action at law or equity to seek specific performance of the terms of this Section 13 of the Agreement, or to cure, correct or remedy the Default, to collect on the Performance Bond as set forth in, and subject to the limitations of, the following subsection, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in an appropriate municipal court in that county, or in the United States District Court for the Central District of California.
(d) Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either 81 of 818
12 party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. The right of the City to collect on the Performance Bond under a Developer Default shall be limited, whether in a single action or cumulatively, to an aggregate amount of the Performance Bond, plus reasonable attorneys’ fees, if any. Notwithstanding anything to the contrary herein, the City shall not be entitled to consequential or punitive damages.
(e) Inaction Not a Waiver of Default . Any failures or delays by either P arty in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
(f) Termination of Agreement . Subject to compliance with Government Code section 65868, the City may terminate this Agreement, after final determination of the City Council, on the basis of substantial evidence that Developer has not cured its Default within the applicable cure period. Following the transfer of the Property, or any portion thereof, to a permitted transferee, this Agreement may only be terminated with respect to the transferred parcel on account of a default by the owner of such transferred parcel, and no such default shall result in termination of this Agreement with respect to the portion of the Project Site retained by Developer.
(g) Non-Compliance/Default by the City . With respect to any non - compliance/default under this Agreement, Developer shall submit to the City, by registered or certified mail return receipt requested, a written notice of default in the manner prescribed in Section 20 herein, identifying with specificity those obligations of the City which have not been performed. Upon receipt of the notice of non- compliance/default, the City shall promptly commence to cure the identified defaults(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default(s) not later than sixty (60) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that the City shall continuously and diligently pursue such remedy at all times until such default(s) is cured.
(h) Modification or Amendment . Notwithstanding Section 11(a) herein above pertaining to Administrative Amendments, and subject to the notice and hearing requirements of the Development Agreement Statute, this Agreement may be modified or amended from time to time only with the written consent of Developer and the City or their successors and assigns in accordance with the provisions of the Municipal Code and Government Code section 65868. As a condition precedent to the City's execution of any amendment of this Agreement, Developer shall deliver to the City a preliminary title report with respect to the portions of Developer's Property to be affected by such amendment, together with a no tice stating that the mortgagees listed in such report will be entitled to notice of and consent to such amendment pursuant to Section 20 of this Agreement.
14. Administration. This Agreement shall be administered and executed by the City Manager, or their de signated representative, following approval of this Agreement by the City.
The City shall maintain authority of this Agreement through the City Manager (or their authorized representative). The City Manager shall have the authority to issue interpretations, waive 82 of 818
13 provisions, extend time limits, make minor modifications to City design approvals, and/or revise this Agreement on behalf of the City so long as such actions do not conflict with the substantive provisions of this Agreement, substantially change the uses, floor area, or development permitted on the Project Site pursuant to the Scope of Development, or add to the City costs, or conflict with the Applicable Rules. All waivers of this Agreement shall comply with Section 23 of this Agreement. All amendments of this Agreement, other than those minor changes described in this Section 11(a), shall comply with Section 13(h) of this Agreement pertaining to Modifications or Amendments.
15. Term of Agreement. Except for the covenants contained herein in Section 6 which run with the land, this Agreement shall become operative on the Effective Date and the Term shall end six (6) years after the Effective Date of this Agreement, unless this Agreement is terminated, modified or extended upon mutual written consent of the Parties hereto or as otherwise provided by this Agreement. Prior to expiration of the term of the Agreement, Developer shall obtain the required demolition, grading and building permits for the Approved Project and commence construction; provided, however, and for avoidance of doubt, Developer’s failure to obtain the required demolition, grading and building permits during the term of this Agreement shall not operate to extend this Agreement’s term. Following expiration or termination of the Term hereof, this Agreement shall be deemed terminated and of no further force and effect. The Term shall be automatically extended by the number of days equal to the number of days that any Enforced Delay as defined in Section 25 was in effect. Notwithstanding this provision, Developer shall make its best efforts to diligently construct the Project in the minimum feasible timeframe.
16. Administration of Agreement and Resolution of Disputes . All disputes involving the enforcement, interpretation or administration of this Agreement shall first be subject to good faith negotiations between the Parties to resolve the dispute. In the event the dispute is not resolved by negotiations, the Parties shall be permitted to pursue any remedy provided for under this Agreement or otherwise available under applicable law or judicial decision, whether at law or in equity. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies available to any Party.
17. Injunctive Relief. Any Party to the dispute may, in addition to any other rights or remedies provided by this Agreement, seek to enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the Parties hereto, except as otherwise provided herein.
18. No Personal Liability . No board member, councilmember, official or employee of the City shall be personally liable to Developer in the event of any default or breach by the City for any amount which may become due to Developer or on any obligations under the terms of this Agreement.
19. Mortgagee Protection. This Agreement shall not prevent or limit Developer, in any manner, at Developer’s sole discretion, from encumbering the Developer Property or any portion thereof or any Improvements thereon by any mortgage, deed of trust or other security device, including but not limited to, a mezzanine loan. The City acknowledges that the lender(s) providing such financing (“Mortgagee”) may, from time to time, request the City issue
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14 interpretations of this Agreement. The City agrees to respond to Mortgagee requests for City interpretation of this Agreement within a reasonable time period. The City retains sole and absolute discretion over any interpretations of this Agreement issued by the City. Any Mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof, including without limitation the purchaser at a judicial or non -judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of foreclosure on the Developer Property shall be entitled to the following rights and privileges:
(a) Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the priority of the lien of any mortgage, deed of trust, or other loan or security device on the Developer Property made in good faith and for value. No Mortgagee shall have an obligation or duty under this Agreement to perform Developer’s obligations, or to guarantee such performance, prior to taking title to all or a portion of the Property.
(b) Request for Notice to Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Developer Property, or any part thereof, who has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive a copy of any notice of non-compliance/default delivered to Developer.
(c) Mortgagee’s Time to Cure. The City shall provide a copy of any notice of non - compliance/default to the Mortgagee within ten (10) days of sending the notice of non- compliance/default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default for a period of sixty (60) days after receipt of such notice of non- compliance/default. Notwithstanding the foregoing, if such default shall be a default which can only be remedied by such Mortgagee obtaining possession of Developer's Property, or any portion thereof, and such Mortgagee seeks to obtain possession, such Mortgagee shall have until sixty (60) days after the date of obtaining such possession to cure or, if such default cannot reasonably be cured within such period, to commence to cure such default, provided that such default is cured no later than one (1) year after Mortgagee obtains such possession.
(d) Cure Rights. Any Mortgagee who takes title to all of the Developer Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of foreclosure, shall succeed to the rights and obligations of Developer under this Agreement as to the Developer Property or portion thereof so acquired; provided, however, in no event shall such Mortgagee be liable for any defaul ts or monetary obligations of Developer arising prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary or nonmonetary obligations due under this Agreement for the Developer Property, or portion thereof acquired by such Mortgagee, have been satisfied.
(e) Bankruptcy. If any Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature of foreclosure by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceedings involving Developer, the times specified in Section 16(c) above shall be extended for the period of the prohibition, except that any such extension shall not extend the term of this Agreement.
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15 (f) Disaffirmation. If this Agreement is terminated as to any portion of the Developer Property by reason of (i) any default or (ii) as a result of a bankruptcy proceeding, this Agreement is disaffirmed by a receiver, liquidator, or trustee for Developer or its property, the City, if requested by any Mortgagee, shall negotiate in good faith with such Mortgagee for a new development agreement for the Project as to such portion of the Developer Property with the most senior Mortgagee requesting such new agreement. This Agreement does not require any Mortgagee or the City to enter into a new development agreement pursuant to this Section 19.
20. Notices. All notices under this Agreement shall be in writing and shall be deemed delivered when personally received by the addressee, or within three (3) calendar days after deposit in the United States mail by registered or certified mail, postage prepaid, return receipt requested, to the following Parties and their counsel at the addresses indicated below; provided, however, if any Party to this Agreement delivers a notice or causes a notice to be delivered to any other Party to this Agreement, a duplicate of that Notice shall be concurrently delivered to each other Party and their respective counsel. Such notices or communications shall be given to the Parties at their addresses set forth below:
To City: City of Glendale
633 E. Broadway, Suite 201
Glendale, California 91206-4387
Attention: Community Development Director
[email protected]
Fax: (818) 240-7913
With copies to: City of Glendale, City Attorney’s Office 613 East Broadway, Suite 220
Glendale, California 91206
Attention: Gillian van Muyden,
Chief Assistant City Attorney
[email protected]
Fax: (818) 547-3402
To Developer: Adelfia Properties II, LLC
620 North Brand, Suite 402
Glendale California 91203
Attention: Ralph Cimmarusti
Fax: (323) 275-9663
With copy to: Jeffer Mangels Butler Mitchell LLP
1900 Avenue of the Stars, 7
th Floor
Los Angeles, CA 90067
Attention: Sheri Bonstelle, Esq.
[email protected]
Fax: (310) 712-3377
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16 Notice given in any other manner shall be effective when received by the addressee. The addresses for notices may be changed by notice given in accordance with this provision.
21. Recordation. As provided in Government Code Section 65868.5, the City Clerk of Glendale shall record a copy of this Agreement with the Registrar -Recorder of the City of Glendale within ten (10) days following the execution of the Agreement by all Parties.
22. Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform when taking into consideration the purposes of this Agreement.
23. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element.
24. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
25. Enforced Delay; Extension of Time of Performance. Required performance by either Party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: litigation challenging the validity of this transaction or any element thereof or the right of either Party to engage in the acts and transactions contemplated by this Agreement; litigation challenging the Project approvals, or enjoining performance under this Agreement; litigation impairing Developer's ability to perform any act required under this Agreement; a referendum filed challenging this Agreement; inability to secure necessary labor materials or tools; actions in connection with the remediation of Hazardous Materials, including groundwater contamination; withdrawal of financing not caused by any act or omission of Developer; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism; epidemics; pandemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; moratoria related to building, sewer, water, planning or other items; unusually severe weather; acts or omissions of the other Party; acts or failures to act of the City or any other public or governmental agency or entity; or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall be for the period reasonably attributable to the enforced delay and shall run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within sixty (60) days of the commencement of the cause.
Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City and/or Developer. Notwithstanding any provision of this Agreement to the contrary, the lack of funding to complete the Improvements shall not constitute grounds for enforced delay pursuant to this Section 25.
26. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of Developer and the City and their successors and assigns. There are 86 of 818
17 no third party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other person or entity.
27. Attorneys’ Fees . If any Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement or for specific performance for the breach hereof, the prevailing Party shall be entitled to its reasonable attorneys’ fees, arbitration expenses and costs, and litigation expenses and costs arising from the action. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal as well as any attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment.
28. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California, and the venue for any legal actions brought by any Party with respect to this Agreement shall be the County of Los Angeles, State of California for state actions and the Central District of California for any federal actions.
29. Authority to Execute; Binding Effect. Developer represents and warrants to the City that it has th e power and authority to execute this Agreement and, once executed, this Agreement shall be final, valid, binding and enforceable against Developer in accordance with its terms. The City represents and warrants to Developer that (a) all public notices and public hearings have been held in accordance with law and all required actions for the adoption of this Agreement have been completed in accordance with applicable law; (b) this Agreement, once executed by the City, shall be final, valid, binding and enforceable against the City in accordance with its terms; and (c) this Agreement may not be amended, modified, changed or terminated in the future by the City except in accordance with the terms and conditions set forth herein.
30. Entire Agreement; Conflict s. This Agreement and the Exhibits attached hereto represent the entire agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Applicable Rules, then the provisions of this Agreement shall prevail.
31. City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City Manager or their designee is authorized to act on behalf of the City unless specifically provided otherwise or the context should require otherwise.
32. Counterparts. This Agreement may be signed in multiple counterparts each of which shall be deemed to be an original, and which, when signed by all Parties, shall constitute a binding agreement.
33. Digital Signatures. The Parties consent to the use of electronic signatures for this Agreement in compliance with State and Federal law. The Parties deem a copy of this Agreement, or any amendment to it, that bears a digital signature as having the same legal effect, for all purposes, as delivery of a signed original of t his Agreement or the amendment, and each digital signature will have the same legal force and effect as a handwritten signature. 87 of 818
18 34. Integration. This Agreement and the Exhibits attached hereto contains the entire understanding between the Parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each Party is entering this Agreement based solely upon the representations set forth herein and upon each Party’s own independent investigation of any and all facts such Party deems material. This Agreement includes Exhibits “A” through “C,” (each such Exhibit incorporated in this Agreement as if fully set forth herein) which together constitute the entire understanding and agreement of the Parties, notwithstanding any previous negotiations or agreements between the Parties or their predecessors-in-interest with respect to all or any part of the subject matter hereof.
35. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by both Parties.
36. Legal Advice. Each Party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.
37. Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects their personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested.
38. Assignment. The burdens of the Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest and assigns of the Parties to the Agreement. The Parties shall provide thirty (30) days advance written notice of any assignment, and the notice shall be in compliance with Section 20 herein.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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19 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF GLENDALE, CALIFORNIA
By:
Roubik Golanian, City Manager
APPROVED AS TO FORM:
MICHAEL J. GARCIA, CITY ATTORNEY
By:
Gillian van Muyden,
Chief Assistant City Attorney
ADELFIA PROPERTIES II, LLC, a Delaware
limited liability company
By:
ATTEST:
Aram Adjemian, City Clerk
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20 EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GLENDALE, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 5 OF MCNUTT TRACT, IN THE CITY OF GLENDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 160 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
LOTS 19, 20, 21, 22, 23, 24, 25 AND 26 OF TRACT NO. 93, IN THE CITY OF GLENDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGES 22 AND 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3:
THAT PORTION OF LOTS 18 AND 27 OF TRACT NO. 93, IN THE CITY OF GLENDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGES 22 AND 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 27; THENCE FROM A TANGENT WHICH BEARS NORTH 16 DEGREES 43 MINUTES 34 SECONDS EAST, NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10.00 FEET, THROUGH AN ANGLE OF 72 DEGREES 32 MINUTES 16 SECONDS AN ARC DISTANCE OF 12.66 FEET TO THE POINT OF TANGENCY OF SAID CURVE WITH A LINE PARALLEL WITH AND DISTANT NORTHERLY 7.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID LOTS 27 AND 18; THENCE EASTE RLY ALONG SAID PARALLEL LINE NORTH 89 DEGREES 15 MINUTES 49 SECONDS EAST, 271.27 FEET TO THE EASTERLY LINE OF SAID LOT 18; THENCE SOUTHERLY, SOUTH 00 DEGREES 17 MINUTES 23 SECONDS EAST, ALONG SAID EASTERLY LINE TO THE SOUTHEASTERLY CORNER OF SAID LOT 18; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 15 MINUTES 49 SECONDS WEST, 280.75 FEET TO THE POINT OF BEGINNING.
APN: 5643-018-031, 5643-018-032
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21 EXHIBIT “B”
PROJECT SITE DEPICTION
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22 EXHIBIT “C”
APPROVED PROJECT
The Approved Project has the following project description:
- Demolition of the existing two-story building, parking structure, and associated surface parking lot;
- Retention of the Chase Bank building on the site, and replacement of the Chase Bank 129 parking spaces in the Project; and
Construction of:
- A maximum 294-unit multi-family residential project;
- Parking in compliance with the Glendale Municipal Code 30.32.050, and the Approved Project includes 502 total parking spaces, including 373 residential parking spaces, 129 commercial parking spaces and code-required bicycle parking;
- Open space in compliance with the Municipal Code, which includes 6,994 sf of publicly accessible open space and 8,867 square feet of residential common open space for a total of 15,844 sf of Project open space on the ground floor, as well as the residential common open space and private open space totaling 41,160 sf;
- Additional amenities, including but not limited to, landscaping, outdoor and private terraces, pool, and community spaces;
- A maximum FAR of 7.5:1 by right, and the Approved Project has a floor area of 417,135 square feet of new residential building and 45,125 square feet of the existing Chase Bank building on a
1.46 acre (63,760 sf) project site; and
- A maximum height of 275 feet by right, and the Approved Project includes twenty -four (24) stories and 265.5 feet.”
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23 EXHIBIT “D”
PROJECT ENTITLEMENTS
The City made findings and approved, as appropriate, the following entitlements for the Approved Project on :
1. SCEA - Sustainable Communities Environmental Assessment, SCH Number 2022010297
2. Stage II Final Design Review Case No. PDR 2119308
3. Development Agreement (“DA”) Case No. PDA1806045: A Development Agreement between the City of Glendale and Adelfia Properties II, LLC, a Delaware limited liability company, pursuant to Government Code Sections 65864 through 65869.5. The DA provides a six (6) year entitlement period for the Project. The DA freezes the current Development Impact Fees (impact and linkage fees, exactions, or fair share charges imposed on new development) for the project including the Public Use Facilities Development Impact Fee (GMC Section 4.10); Affordable Housing Development Impact Fee (GMC Section 4.11); and Inclusionary Housing Requirements (GMC Section
30.35.060).
The Project Entitlements are kept in the official records of and available for review in the Office of the Glendale City Clerk.
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GLENDALE
RECOMMENDING APPROVAL OF A DEVELOPMENT AGREEMENT
IN CONNECTION WITH THE LUCIA PARK PROJECT
LOCATED AT 620 NORTH BRAND BOULEVARD AND 625 NORTH MARYLAND AVENUE,
GLENDALE, CA
THE PLANNING COMMISSION OF THE CITY OF GLENDALE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission does hereby find and determine as follows:
a. The Planning Commission conducted a noticed public hearing, pursuant to the provisions of Section 30.61 of the Glendale Municipal Code, California Government Code Sections 65090 and 65091 and Chapter 3, Title 7 of the Government Code of the State of California, on February 2, 2022.
b. The Planning Commission closed the public hearing on February 2, 2022. c. The Planning Commission has reviewed and considered all materials, communications, public testimony, maps and exhibits of current record on said Development Agreement.
SECTION 2. Based upon the testimony and other evidence received, and upon studies and investigations made by the Planning Commission and on its behalf, the Planning Commission further finds and determines that the proposed Development Agreement is consistent with the goals and policies of the adopted General Plan, and that the proposed action complies with all other applicable requirements of state law and local ordinances. Specifically, said action is consistent with the following policies of the Glendale General Plan and Downtown Specific Plan:
a. Encourages a city with a wide range of housing types to meet the needs of current and future residents (Land Use Element, Residential Goal 1)
o Housing Element Policy 1.3 directs the City to provide higher density residential development in close proximity to public transportation, services and recreation. o Housing Element Policy 1.4 directs the City to continue to promote residential/mixed use development in appropriate locations.
o Housing Element Policy 1.5 encourages the development of residential units in the downtown area and along appropriate commercial corridors b. Encourage a city with high quality residential neighborhoods that are attractive and well designed (Land Use Element, Residential Goal 1).
c. Support the creation of higher density residential development in those areas best suited from the standpoint of accessibility, current development, community organization, transportation and circulation facilities and economic feasibility. (Land Use Element, Residential Goal 4) d. Encourage housing around and in commercial centers (Circulation Element, Objective 3.2) e. Concentrate growth in the downtown to relieve development pressures on existing residential neighborhoods. (Downtown Specific Plan, Purpose 1.1.10)
SECTION 3. Based upon the testimony and other evidence received, and upon studies and investigation made by the Planning Commission and on its behalf, the Planning Commission further finds and determines that the proposed Development Agreement is consistent with the City's General Plan and is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements and recommends approval of the development agreement with the following findings:
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a. The development agreement is within the scope of Sustainability Communities Environmental Assessment prepared on behalf of the project and available for public comment for the required 30-day comment period from January 18 to February 17, 2022. b. The development agreement is consistent with the City's General Plan. c. The development agreement will not be detrimental to the public health, safety and general welfare because it encourages the construction of a project which is desirable and beneficial to the public.
d. The development agreement complies with all applicable City and State regulations governing such agreements.
e. The development agreement is necessary to strengthen the public planning process and to reduce the public and private costs of development uncertainty.
SECTION 4. Based upon the foregoing, the Planning Commission resolves the following:
a. Recommend to the City Council the approval of the Development Agreement.
Adopted this 2
nd day of February, 2022.
Moved by Planning Commissioner Shahbazian, and Seconded by Planning Commissioner Fuentes, the Planning Commission recommends to the City Council the approval of the Development Agreement.
VOTE
Ayes: Chraghchian, Fuentes, Minassian, Shahbazian, Lee Noes: None
Absent: None
Abstain: None
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EXHIBIT 7
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8a
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Software and Hardware Support Agreement with Minsait ACS, Inc. for Electric Supervisory Control and Data Acquisition (SCADA) System.
1. Motion authorizing the City Manager, or his designee, to enter into and execute a Software and Hardware Support Agreement with Minsait ACS, Inc. to provide uninterrupted software and hardware support, maintenance, and “as needed” engineering support for a not-to-exceed amount of $546,636 for three years, with an option to extend for an additional two years for $390,626 for a total not-to-exceed amount of $937,262.
COUNCIL ACTION
Item Type: Action Item
Approved for November 1, 2022 calendar
EXECUTIVE SUMMARY
The current SCADA system, purchased from Minsait ACS, Inc., is used by GWP to operate the City’s electric system. The current SCADA system was selected through a competitive proposal process and commissioned in 2011, and has since been upgraded twice – the last upgrade being in 2020. The SCADA system was designed and configured as a custom SCADA system for GWP, thus, it requires continuous vendor maintenance and support by Minsait ACS Inc. to ensure proper operation.
The recommended Software and Hardware Support Agreement, including hours for “as needed” engineering support with Minsait ACS, Inc., will cost a total of $546,636 for three years with an option to extend for an additional two years for $390,626, for a total amount of $937,262.
COUNCIL PRIORITIES
Infrastructure: The Support Agreement will help GWP to maintain a stable SCADA System for the system operators to provide safe, efficient, and reliable electric service to Glendale residents.
Environmental Stewardship: The SCADA Support Agreement will help GWP’s goal towards sustainable electric service via prompt fault location and subsequent quick service restoration.
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RECOMMENDATION
Authorize the City Manager, or his designee, to enter into a Support Agreement with Minsait ACS, Inc. to provide uninterrupted software and hardware support, maintenance, and “as needed” engineering support for a not-to-exceed amount of $546,636 for three years with an option to extend it for an additional two years for $390,626, for a total not-to-exceed amount of $937,262.
BACKGROUND
In 2007, the City issued a Request for Proposals (RFP) for the design and configuration of custom SCADA system for the City and through a competitive process selected Advanced Control Systems, Inc. (ACS).
In 2008, the City entered into a contract with ACS to purchase the SCADA system.
The SCADA system comprised of Servers, Software, Node Terminal Units (NTU), Communication Network between NTUs and Servers, was commissioned in 2011.
In 2014, the Council authorized the City Manager to enter into a new support agreement with ACS for three years, as well as authorized the upgrade of the SCADA Servers.
In 2018, the Council authorized the City Manager to enter into a Master Services Agreement (MSA) with ACS for a total of five years to upgrade SCADA software to PRISIM 11, upgrade operating system to RedHat 7.0, install Inter-Control Center Communication Protocol (ICCP) links to control centers of Burbank Water and Power and L.A. Department of Water and Power, provide hardware and multiple on-site trainings as well as maintenance of the SCADA system. ACS completed all the said tasks and upgrades in 2020. In collaboration with the Water Section, GWP also upgraded both Electric and Water SCADA servers prior to software upgrades. Due to the pandemic restrictions, the staff trainings were conducted remotely and completed in 2021.
On March 4, 2022, ACS corporation had a name change to Minsait ACS, Inc.
ANALYSIS
The power system operators at the Energy Control Center (ECC) operate GWP’s electric system around the clock using the SCADA system. This system is used to continuously monitor, obtain and record the status, obtain system operational data, and remotely operate the City’s electric system. The SCADA system provides system alarms indicating when GWP is experiencing an outage. In the event of a power outage or other problems, the SCADA system notifies the system operators and identifies the location of the outage or problem within the system. The current system was designed and configured as a custom SCADA system for GWP, and it requires continuous maintenance and support by Minsait ACS, Inc. to ensure proper operation. Therefore, having an ongoing Support Agreement with Minsait ACS, Inc., is one of the critical operational necessities for GWP.
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The Agreement will cover the following:
•Software updates, features and fixes
•Support from Helpdesk
•24 x 7 emergency help
•Security Patch Management - 25 nodes Quarterly
•Hardware Coverage - Minsait ACS, Inc. hardware only
•NTU Outstation support
•Training - Online; 1 complimentary course each year
GWP has been using ACS’ SCADA system for almost a decade now, and has grown familiar with the system in addition to a rapport with ACS technical support. Many services utilize SCADA such as the Outage Management System (OMS), data transfer via ICCP link to LADWP for regulatory compliance, and to Burbank for Magnolia Power Plant dynamic generation scheduling, the PI System (software for data collection, archiving and analysis), and switching optimization. In addition, there are many stakeholders that monitor and acquire data from SCADA including our energy traders, system operators, field technicians, power plant operators, and engineers.
Minsait ACS’ SCADA system is immersed and embedded in every aspect of GWP’s power system. As stated earlier, the SCADA applications, software and servers have been upgraded in 2020 and staff has completed multiple trainings in 2021. To identify and select another SCADA vendor by RFP process and, in turn, replace the existing SCADA system will be very expensive and time consuming. Utilizing a different SCADA system will require retraining of the staff, re-installing all the services (OMS, PI, ICCP, etc.) and installing new hardware at substations. For the above mentioned reasons, it is recommended that GWP continue to use Minsait ACS’s services.
Below is the cost breakdown analysis for the support agreement for five years.
Services: Year 1 Year 2 Year 3 Year 4 Year 5
24/7 software and hardware
Support and maintenance
$142,712 $142,712 $142,712 $151,275 $160,351
As needed Engineering
Support - Block of 200
Hours/year
$ 39,500 $ 39,500 $ 39,500 $ 39,500 $ 39,500
Total per contractual year
$182,212 $182,212 $182,212 $190,775 $199,851
Total (3-years and 5-Years) $546,636 $937,262
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STAKEHOLDERS/OUTREACH
N/A
FISCAL IMPACT
The total cost for the support agreement for five years is $937,262, of which $182,212 was approved as a part of the FY 2022-23 budget. Funding for future fiscal years will be appropriated in the annual budget process.
Existing Appropriation
Amount Account String Funding Source
$182,212 GL:43110-5820-GWP-4650 Electric Works Revenue Fund
ENVIRONMENTAL REVIEW
N/A
CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the following are the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than ten percent interest in the company proposed for contract in this agenda item report:
Full Name Title Business Address City State Zip
Gabriel
Machado
CEO 2755 Northwoods
Pkwy.
Peachtree
Corners
GA 30071
Ken Morgan COO 2755 Northwoods
Pkwy.
Peachtree
Corners
GA 30071
Omar Elias CFO 2755 Northwoods
Pkwy.
Peachtree
Corners
GA 30071
Vitor
Crivorncica Jr.
Secretary 2755 Northwoods
Pkwy.
Peachtree
Corners
GA 30071
Ownership Interest in more than ten percent in Minsait ACS, Inc.
Full Name Title Business Address City State Zip
North
American T&D
Group
1209 Orange Street Wilmington DE 19801
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ALTERNATIVES
Alternative 1: Authorize the City Manager, or his designee, to execute a Support Agreement with Minsait ACS, Inc. as outlined above.
Alternative 2: Choose to not authorize the requested action which will leave the SCADA system without support until a new vendor is selected through a lengthy RFP process, and until a new SCADA system is installed by the vendor.
Alternative 3: Consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Prepared by:
Daniel Scorza, P.E., Chief Assistant General Manager - Electric Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS / ATTACHMENTS
N/A
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the City Manager, or his designee, is hereby authorized to enter into and execute a Software and Hardware Support Agreement with Minsait ACS, Inc. to provide uninterrupted software and hardware support, maintenance, and “as needed” engineering support for a not-to-exceed amount of $546,636 for three years, with an option to extend for an additional two years for $390,626, for a total not-to-exceed amount of $937,262.
The form of such agreement shall be subject to the approval of the City Attorney.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE : GLENDALE CITY COUNCIL
AGENDA ITEM
Report: Introduction and Adoption of 2023 Glendale Building and Safety Code
1. Ordinance for Introduction Adopting and Amending Specific Portions of the California Building Standards Code as the Glendale Building and Safety Code, 2023;
2. Resolution Adopting Findings and Analysis of Amendments to the California Building Standards Code [Title 24, California Code of Regulations].
COUNCIL ACTION
Item Type: Action Item
Approved for November 1, 2022 calendar
EXECUTIVE SUMMARY
City Amendments
City amendments to the Building and Safety Code (Code) are essentially a carry-over from the previous Code with very few changes.
Regional efforts to standardize local codes have resulted in greater uniformity among neighboring cities. A small number of new amendments have been added and previous amendments removed or revised in Volume VI of the Fire Standards, in order to standardize our local codes to be in line with neighboring jurisdictions.
State Amendments
The new energy standards are incorporated. The green building code has upgraded requirements for the installation of EV charging stations in new buildings, additions and alterations to existing building.
National Amendment
This adoption will align engineering requirements in the Code with the major revisions to national standards.
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COUNCIL PRIORITIES
Infrastructure: Adopting the Building and Safety Code of the City of Glendale, 2023 will ensure we maintain the current level of protection throughout the City of Glendale, which has been provided in the current Glendale and Building Safety Code.
RECOMMENDATION
That the City Council introduce and adopt the Building and Safety Code of the City of Glendale, 2023, along with a required resolution adopting findings and analysis of amendments.
BACKGROUND
Building and Safety Code
Every three years, the State of California adopts new model codes to establish uniform standards for the construction and maintenance of buildings, plumbing systems, mechanical systems, electrical systems, and fire and life safety systems. Pursuant to Health and Safety Code Section 18941.5, local jurisdictions are mandated to adopt such state codes, generally within 180 days after publication of the code by the California Building Standards Commission. Prior to adoption, amendments to the state codes desired by the local jurisdiction may be made if each amendment can be justified on the basis of a local climatic, local geological, and/or local topographical condition which affects the jurisdiction.
ANALYSIS
The Glendale Building and Safety Code is comprised of the following distinct volumes:
Volume IA: Building Standards (For Commercial and Multi-Family Residential) Volume IB: Residential Standards (For One-and-Two Family Dwellings and Townhouses)
Volume IC: Existing Building Standards
Volume II: Plumbing Standards
Volume III: Mechanical Standards
Volume IV: Electrical Standards
Volume V: Housing Standards
Volume VI: Fire Standards
Volume VII: Security Standards
Volume VIII: Commercial and Industrial Property Maintenance Standards Volume IX: Green Building Standards
The regulatory requirements contained within the first six volumes are based on requirements contained within the California Code of Regulations (CCR), specifically, 106 of 818
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portions of Titles 19, 24, and 25. The California Building Standards Commission (CBSC) adopted such requirements into the California Building Code, California Residential Code, California Existing Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Fire Code, and California Green Building Standards Code. Adoption and enforcement of the Uniform Housing Code is mandated through the State Housing Law (Health and Safety Code, Division 13, Part
1.5, Section 17960). The 1997 Edition of the Uniform Housing Code was adopted by the California Department of Housing and Community Development as provided for in CCR, Title 25, Division 1, Chapter 1, Subchapter 1, Article 5, Section 32.
Local adoption of such codes is mandated to be in effect on January 1, 2023, and requires a four-fifths (4/5th) approval of the City Council. As stated above, jurisdictional bodies may amend said codes if such amendments are justified on the basis of a local climatic, local geological or local topographical condition which makes such amendment(s) necessary.
Staff from the Community Development Department’s Building and Safety Division and the Fire Department have reviewed the state codes, and have proposed a number of local amendments for adoption as the Building and Safety Code of the City of Glendale, 2023, with proper justifications to be submitted to the California Building Standards Commission.
The Building Official has determined these amendments are necessary to maintain the current level of protection throughout the City of Glendale, which has been provided through in the current Glendale Building and Safety Code. In fact, the vast majority of the proposed amendments were carried over from the current code.
As a result, the proposed local amendments generally fall into four categories.
1. Administrative - to establish administrative regulations pertaining to the performance of plan check, the issuance of permits, the collection of fees, and other administrative standards.
2. Fire Safety - to increase the level of protection to building occupants through specific standards related to fire sprinklers, smoke detection and alarms, restriction of certain building materials, and construction standards for buildings located within high fire hazard areas.
3. Life Safety - to increase overall life safety through enhanced structural design, improved seismic design, modified egress standards, and limitation of building heights and/or building areas.
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4. Grading- to augment the basic grading standards contained within the model building code to more closely match currently enforced grading standards. Such amendments prescribe specific requirements related to cut slopes, fill slopes, retaining walls, and geotechnical investigations. The aesthetic grading standards contained within Title 15 of the G.M.C. will not be affected by the proposed amendments.
Staff recommends that the City Council review and introduce and subsequently adopt the ordinance, consisting of the local amendments to Title-24 C.C.R. herein described to maintain the current level of protection throughout the City of Glendale.
Staff also recommends that the City Council review and adopt the resolution establishing findings of fact that justify local amendments to Title-24 C.C.R. on the basis of specific local climatic, typographic and/or geologic conditions.
An initial draft of the ordinance known as the Building and Safety Code of the City of Glendale, 2023, was introduced publicly at the September 21, 2022 and October 19, 2022 meetings of the Building and Fire Board of Appeals for review and consideration.
As a result of these two meetings, the public was given an opportunity to make inquiries regarding the proposed amendments. As of the date of this writing, no such inquiries have been received. If any are provided prior to adoption, they will be provided to Council and addressed by the Building Official. On October 19, 2022, after reviewing the draft of the proposed ordinance with the proposed amendments, and after public discussion, the Building and Fire Board of Appeals unanimously recommended that the City Council approve the proposed ordinance accompanying this agenda item adopting the Building and Safety Code of the City of Glendale, 2023.
Before the second reading of the proposed ordinance, staff requests that the City Council adopt by resolution findings of fact (accompanying this item) which would justify the amendments to the California Building Standards Code. If adopted, copies of the ordinance and resolution will be submitted to the California Building Standards Commission as required by law.
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STAKEHOLDERS/OUTREACH
1. Public meeting with Building and Fire Board of Appeals on September 21, 2022 and October 19, 2022 to Introduce the Proposed Local Amendments to Title-24, C.C.R. for the 2023 Glendale Building and Safety Code.
2. 2023 GBSC Code Adoption Team Meetings with City Departments on June 29, 2022, July 27, 2022 and August 24, 2022.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The adoption of the Ordinance and Resolution is exempt from further review under the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment under Title 14 of the California Code of Regulations, Section 15061(b)(3).
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES
Alternative 1: Introduce and subsequently adopt the Building and Safety Code of the City of Glendale, 2023 and adopt the Resolution Adopting Findings to ensure and maintain the current level of protection throughout the City of Glendale.
Alternative 2: Do not introduce or adopt the Ordinance or Resolution Adopting Findings, and by default be subject to the state codes. In that case, the City would lose its current level of protection and reduce its enforcement abilities.
Alternative 3: Consider any alternative not proposed by staff.
ADMINISTRATIVE ACTION
Prepared by:
Miroslav Lhotsky, S.E., Building Official
Foster McLean, Fire Marshal
Approved by:
Roubik R. Golanian, P.E., City Manager
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EXHIBITS/ATTACHMENTS
1. Analysis of Amendments to the California Code of Regulations 110 of 818
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1 ORDINANCE NO. ____________
AN ORDINANCE ADOPTING THE 2022 CALIFORNIA BUILDING CODE AS VOLUME IA, THE 2022 CALIFORNIA RESIDENTIAL CODE AS VOLUME IB, THE 2022 CALIFORNIA EXISTING BUILDING CODE AS VOLUME IC, THE 2022 CALIFORNIA PLUMBING CODE AS VOLUME II, THE 2022
CALIFORNIA MECHANICAL CODE AS VOLUME III, THE 2022 CALFORNIA ELECTRICAL CODE AS VOLUME IV, THE 1997 UNIFORM HOUSING CODE AS VOLUME V, THE 2022 CALIFORNIA FIRE CODE AS VOLUME VI, THE
GLENDALE SECURITY CODE AS VOLUME VII AND THE GLENDALE
COMMERCIAL, INDUSTRIAL PROPERTY MAINTENANCE CODE AS
VOLUME VIII AND THE 2022 CALIFORNIA GREEN BUILDING STANDARDS
CODE AS VOLUME IX ALL OF WHICH COMPRISE THE BUILDING AND SAFETY CODE OF THE CITY OF GLENDALE, 2023.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION INT-1. The City of Glendale hereby adopts a Building and Safety Code of the City of Glendale, 2023, hereinafter designated as the “Glendale Building and Safety Code, 2023.”
SECTION INT-2. Volume IA. Building Standards.
The City of Glendale hereby adopts the 2022 California Building Code as Volume IA of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume IA of the Glendale Building and Safety Code, 2023, shall be as published in the California Building Code Volumes 1 and 2, 2022 edition, and as copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, including all of its tables, indices, appendices, addenda and footnotes. Volume 1A of the Glendale Building and Safety Code, 2023, shall include the Historic Building Code, 2022 edition, published and copyrighted in 2021 by the California Building Standards Commission, California Code of Regulations, Title 24 Part 8. Said California Building 111 of 818
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2 Code and California Historic Building Code are hereby referred to and by such references are incorporated herein as if fully set forth.
SECTION INT-3. Volume IB. Residential Standards.
The City of Glendale hereby adopts the 2022 California Residential Code as Volume IB of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume IB of the Glendale Building and Safety Code, 2023, shall be as published in the California Residential Code, 2022 edition, and as copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 2.5, including all of its tables, indices, appendices, addenda and footnotes. Said California Residential Code is hereby referred to and by such reference is incorporated herein as if fully set forth.
SECTION INT-4. Volume IC. Existing Building Standards.
The City of Glendale hereby adopts the 2022 California Existing Building Code as Volume IC of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume IC of the Glendale Building and Safety Code, 2023, shall be as published in the California Building Code Volumes 2, 2022 edition, and as copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 10, Volumes 2, including all of its tables, indices, appendices, addenda and footnotes. Volume 1C of the Glendale Building and Safety Code, 2023, shall also include Appendix Chapter A1, A3, A4 and A6 of the California Existing Building Code, 2022 edition, published and copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, 112 of 818
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3 Part 10, regarding seismic strengthening provisions for unreinforced masonry bearing wall buildings. Said California Existing Building Code is hereby referred to and by such references is incorporated herein as if fully set forth.
SECTION INT-5. Volume II. Plumbing Standards.
The City of Glendale hereby adopts the 2022 California Plumbing Code as Volume II of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume II of the Glendale Building and Safety Code, 2023, shall be as published in the California Plumbing Code 2022 edition, and as copyrighted in 2021 by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission, California Code of Regulations, Title 24, Part 5, including all of its tables, indices, appendices, addenda and footnotes Said California Plumbing Code is hereby referred to and by such reference is incorporated herein as if fully set forth.
SECTION INT-6. Volume III. Mechanical Standards.
The City of Glendale hereby adopts the 2022 California Mechanical Code as Volume III of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume III of the Glendale Building and Safety Code, 2023, shall be as published in the California Mechanical Code, 2022 edition, and as copyrighted in 2021 by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission, California Code of Regulations, Title 24, Part 4, including all of its tables, indices, appendices, addenda and footnotes. Said California Mechanical Code is hereby referred to and by such reference is incorporated herein as if fully set forth.
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4 SECTION INT-7. Volume IV. Electrical Standards.
The City of Glendale hereby adopts the 2022 California Electrical Code as Volume IV of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume IV of the Glendale Building and Safety Code, 2023, shall be as published in the California Electrical Code, 2022 edition, and as copyrighted in 2020 to the National Fire Protection Association, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 3, including all of its tables, indices, appendices, addenda, annexes and footnotes. Said California Electrical Code is hereby referred to and by such reference is incorporated herein as if fully set forth.
SECTION INT-8. Volume V. Housing Standards.
The City of Glendale hereby re-adopts the 1997 Uniform Housing Code as Volume V of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume V of the Glendale Building and Safety Code, 2023, shall be as published in the Uniform Housing Code, 1997 edition, and as copyrighted in 1997 by the International Conference of Building Officials, including all of its tables, indices, appendices, addenda and footnotes. Said Uniform Housing Code is hereby referred to and by such reference is incorporated herein as if fully set forth.
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5 SECTION INT-9. Volume VI. Fire Safety Standards.
The City of Glendale hereby adopts the 2022 California Fire Code as Volume VI of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume VI of the Glendale Building and Safety Code, 2023, shall be as published in the California Fire Code, 2022 edition, and as copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 9, including all of its tables, indices, appendices, addenda and footnotes. Said California Fire Code is hereby referred to and by such reference is incorporated herein as if fully set forth.
SECTION INT-10. Volume VII. Security Standards.
Except as otherwise provided herein or as later amended, Volume VII of the Glendale Building and Safety Code, 2023 is hereby re-adopted as the Glendale Security Code, as previously adopted by Ordinance 5937.
SECTION INT-11. Volume VIII. Commercial and Industrial Property Maintenance Standards.
Except as otherwise provided herein or as later amended, Volume VIII of the Glendale Building and Safety Code, 2023 is hereby re-adopted as the Commercial and Industrial Property Maintenance Code, as previously adopted by Ordinance 5937.
SECTION INT-12. Volume IX. Green Building Standards.
The City of Glendale hereby adopts the 2022 California Green Building Standards Code as Volume IX of the Glendale Building and Safety Code, 2023. Except as otherwise provided herein, or as later amended, Volume IX of the Glendale Building and Safety Code, 2023, shall be as published in the California Green Building Standards Code, 2022 115 of 818
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6 edition, and as published in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 11, including all of its tables, indices, appendices, addenda and footnotes. Said California Green Building Standards Code is hereby referred to and by such reference is incorporated herein as if fully set forth. The voluntary provisions in Appendix Chapter A- 4 and Chapter A-5 are not adopted as mandatory compliance features at this time.
SECTION INT-13. Effect of Code on Past Actions and Obligations. The adoption of the Glendale Building and Safety Code, 2023, does not affect any civil lawsuit instituted or filed or prosecutions for ordinance violations committed on or prior to the effective date of said Code, does not waive any fee or penalty due and unpaid prior to the effective date of said Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.
SECTION INT-14. References to Prior Code. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of the former Glendale Building and Safety Code, 2020, shall be construed to apply to the corresponding provisions contained within the Glendale Building and Safety Code, 2020. Ordinance No. 5937 and No. 5861 of the City of Glendale and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.
SECTION INT-15. Penalty. Unless otherwise provided in said Code, any person violating any provision of the Glendale Building and Safety Code, 2023, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the City jail or the County jail of 116 of 818
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7 the County of Los Angeles for a term not exceeding six months, or both such fine and imprisonment.
SECTION INT-16. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.
SECTION INT-17. Effective Date, Exceptions. This ordinance becomes effective and shall be in full force on January 1, 2023; provided, however that where complete plans for buildings have been filed and are pending for building permits prior to the effective date of this Ordinance, permits may be issued, and the applicant may proceed with the construction in strict compliance with former Building and Safety Code, 2017, provided however physical construction is started within one hundred eighty (180) days from the date of issuance of the permit and continued to completion according to said former Building and Safety Code, 2020.
SECTION INT-18. Four-Fifths Vote. The City Clerk shall certify to the passage of this Ordinance by a vote of four-fifths (4/5 ths) of the members of the Council
of the City of Glendale and shall cause a summary of the same to be published once in the official newspaper of said City.
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1 VOLUME IA. BUILDING STANDARDS
SECTION IA-1. Volume IA of the Glendale Building and Safety Code, 2023, is amended as hereinafter provided.
SECTION IA-2. Chapter 1 Division II Section [A] 101.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception: Detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code as adopted and amended as Volume IB of the Glendale Building and Safety Code. [A] 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
SECTION IA-3. Chapter 1 Division II Section 104.10.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
104.10.2 Fire code official concurrence. For those cases which may affect fire or life safety in buildings regulated by the State Fire Marshall, the building official shall obtain the concurrence of the fire code official if related to fire protection systems, egress, fire department access or water supply.
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2 SECTION IA-4. Chapter 1 Division II Section 104.11.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
104.11.5 Fire code official concurrence. For those cases which may affect fire or life safety in buildings regulated by the State Fire Marshall, the building official shall obtain the concurrence of the fire code official if related to fire protection systems, egress, fire department access or water supply.
SECTION IA-5. Chapter 1 Division II Section [A] 105.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
Parking lots shall not be paved, improved, striped, or restriped unless a separate permit for each parking lot has first been obtained from the building official.
Exception: A separate permit shall not be required to pave, improve, stripe, or restripe a parking lot when such work is included in the scope of another project for which a building permit has been issued and when the design of such parking lot was included in the plan check review of such project.
SECTION IA-6. Chapter 1 Division II Section [A] 105.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read to read as follows:
[A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety 119 of 818
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3 for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant’s authorized agent.
7. Give such other data and information as required by the building official.
8. Pay plan review and permit fees as required by this Chapter 1 Division II.
SECTION IA-7. Chapter 1 Division II Section 105.3.1.1 of Volume IA of the Glendale Building and Safety Code, 2020, is hereby added to read as follows:
105.3.1.1 Electric vehicle charging station review process. 105.3.1.1.1 Purpose. The purpose of this Section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Section is also purposed to comply with California Government Code Section 65850.7.
105.3.1.1.2 Definitions.
(a) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance 120 of 818
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4 with Article 625 of the California Electrical Code, as it reads on the effective date of this Section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(b) “Electric vehicle charging space” means a space intended for charging electric vehicles.
(c) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(d) “Electronic submittal” means the utilization of one or more of the following:
a. Electronic mail or email.
b. The internet.
c. Facsimile.
105.3.1.1.3. Expedited permitting process. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and electrical vehicle charging spaces, and adopt a checklist of all requirements with which electric vehicle charging stations and electrical charging spaces shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.
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5 105.3.1.1.4 Permit application processing.
(a) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station and electric vehicle charging space will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. (b) A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (c) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the 122 of 818
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6 Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. 105.3.1.1.5. Technical Review.
(a) It is the intent of this Section to encourage the installation of electric vehicle charging stations and electric vehicle charging spaces by removing obstacles to permitting for charging stations and charging spaces so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station and electric vehicle charging space could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City may require the applicant to apply for a use permit.
(b) In the technical review of a charging station and charging space, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station and electric vehicle charging space permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
105.3.1.1.6. Electric vehicle charging space installation requirements. (a) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability. 123 of 818
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7 (b) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(c) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
(d) Electric vehicle charging space shall comply with the provisions in Chapter 11A or Chapter 11B of the California Building Code.
SECTION IA-8. Chapter 1 Division II Section [A] 105.3.2 of Volume IA of the Glendale Building and Safety Code, 2023 is hereby amended to read as follows:
[A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days one-year after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days 180 days. The extension shall be requested in writing and justifiable cause demonstrated. [OSHPD 1, 1R, 2, 4 & 5] Time limitation shall be in accordance with the California Administrative Code Title 24, Part I, Chapter 7, Section 7-129.
SECTION IA-9. Chapter 1 Division II Section 105.3.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Chapter 1 Division II, 124 of 818
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8 Section 105.3, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fees specified in this section are separate fees from the permit fees specified in Chapter 1 Division, Section [A] 109.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items as defined in Chapter 1 Division II, Section [A] 107.3.4.1, an additional plan review fee shall be charged at a rate specified by resolution.
In granting any extension the building official may require compliance with any new regulation.
In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. The new plan review fee shall be one half the amount required for a new plan review, provided no changes have been made in the original plans and specifications for such work, and provided further that such abandonment has not exceeded one year. In order to renew action on an expired application the applicant shall comply with all applicable new regulations.
SECTION IA-10. Chapter 1 Division II Section [A] 105.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Work shall be considered suspended or abandoned if the building official determines that substantial work has not been performed within the time specified above. Substantial work shall be construed to mean:
1. Measurable work such as, but not limited to, the addition of footings, structural members, flooring, wall covering, etc.
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9 2. The work mentioned in subsection 1 of this Section [A] 105.5 above must constitute 20% of the value of the work for which the permit was issued in any 180 day period for Group R, Division 3 occupancies and 10% for all other occupancies.
Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new permit fee and may be required to comply with all applicable new regulations at the time of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
SECTION IA-11. Chapter 1 Division II Section 105.8 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
105.8 Responsibility of permittee. Building permits shall be presumed by the city to incorporate all of the work that the applicant, the applicant’s agent, employees and/or contractors shall carry out. Said proposed work shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No city approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.
SECTION IA-12. Chapter 1 Division II Section [A] 107.3.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 107.3.4 Design professional in responsible charge.
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10 It shall be required that all documents submitted for review by the building official shall be prepared by a registered design professional, Where it is required that documents be prepared by a registered design professional, The building official shall be authorized to require the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
Exception: The building official may waive the requirements for a registered design professional when, after reviewing the submitted plans it is determined that the work is minor in nature.
SECTION IA-13. Chapter 1 Division II Section [A] 109.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. in addition to the normally established permit fee, equal to 127 of 818
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11 100% of such normally established permit fee, or as otherwise determined by the building official.
SECTION IA-14. Chapter 1 Division II Section [A] 110.3.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel products joints and fasteners are taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire- resistance-rated assembly, a or a shear assembly or a sound transmission control assembly.
SECTION IA-15. Chapter 1 Division II Section 110.3.9.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
110.3.9.1 Structural observation. For structural observation, see Section 1704 of Volume IA of the Glendale Building and Safety Code, 2023.
SECTION IA-16. Chapter 1 Division II Section 110.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
110.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
This section shall not be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. 128 of 818
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12 Re-inspection fees may be assessed when the approved plans and inspection card are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or deviation from plans requiring the approval of the Building Official.
To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with a fee schedule adopted by this jurisdiction.
In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
SECTION IA-17. Chapter 1 Division II Section 113 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
SECTION 113
BUILDING AND FIRE BOARD OF APPEALS
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official or the fire code official relative to the application and interpretation of all volumes of this code, there shall be and is hereby created a joint building and fire board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure appointment and composition shall be in accordance with the governing body. The building official or the fire code official shall be an ex-officio member of said board but shall have no vote on any matter before the board. The building official shall act as the secretary to said board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official and fire code official.
[A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly 129 of 818
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13 interpreted, provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.
The building and fire board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
[A] 113.3 Qualifications. The board of appeals shall consist of members who are qualified pursuant to Section 2.56.040 of the Glendale Municipal Code, 1995. by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. 113.4 Procedure for Appeals to the Building and Fire Board of Appeals. 113.4.1 Fee. A non-refundable fee for an appeal shall be established or modified by resolution of the City Council. The building official, fire code official, or both shall review said fee no more than once annually and may, with approval of the City Manager, recommend changes to the City Council.
113.4.2 Application. With the advice of the building official and fire code official, the Building and Fire Board of Appeals shall approve the form of application for appeals.
Such application shall include but not be limited to the following items: address and description of the property involved; statement of all facts upon which the applicant relies; any plans, sketches, or reports to support the applicant’s case or as may be required by the board; the specific section or decision relevant to the applicant’s appeal; a detailed account to the appellant’s position and justification showing how his or her position meets or exceeds Code.
113.4.3 Acceptance and application. Upon filing of a complete application and payment of the fee, the application shall be reviewed by the building official or fire code 130 of 818
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14 official, or both, for completeness and conformance with this Code and the board’s adopted policies and procedures. Applications which are found to be complete and compliant shall be accepted and submitted for the board’s consideration. 113.4.4 Public hearing. Upon acceptance of an application, the building official shall set the matter for public hearing and notice shall be given as required by the policies and procedures of the board. The essential facts found at such hearing shall be recorded in the minutes of the board. A copy of the findings and decision of the board shall be mailed to the applicant at the address given in the application, with duplicate copies to the building official and the fire code official.
113.4.5 Appeal to City Council. Any person, including any city official, aggrieved by the decision of the building and fire board of appeals, may appeal to the City Council with the time and in the manner provided in chapter 2.88 of the Glendale Municipal Code, 1995.
SECTION IA-18. Chapter 1 Division II Section [A] 114.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy, or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. Maintenance of a building or structure which was unlawful at the time it was constructed and which would be unlawful under this Code if constructed after the effective date of such Code, shall constitute a continuing violation of such Code.
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15 SECTION IA-19. Chapter 1 Division II Section [A] 114.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law deemed guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment for a term of not more than 6 months, or by both such fine and imprisonment. Such penalty and imprisonment shall not preclude the imposition of any other administrative or judicial civil or criminal remedies under state, federal or local laws.
SECTION IA-20. Chapter 1 Division II Section [A] 115.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or other laws or ordinances of this jurisdiction or dangerous or unsafe, the building official is authorized to issue a stop work order.
SECTION IA-21. Chapter 1 Division II Section [A] 115.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[A] 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law guilty of a misdemeanor.
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16 SECTION IA-22. Chapter 1 Division II Section 116.6 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
116.6 Non-Compliance. Upon failure to comply with the order within the time specified herein, and if no appeal has been properly and timely filed, the building official shall file in the office of the County Recorder a certificate describing the property and certifying (i) that the building is an unsafe building and (ii) that the owner has been notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as an unsafe building on the property described in the certificate, the building official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer unsafe, whichever is appropriate.
SECTION IA-23. Chapter 1 Division II Section 116.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
116.7 Vacated Buildings. Any unsafe building ordered vacated in accordance with this section shall not be reoccupied until the unsafe conditions have been eliminated. Each such vacated building shall be locked and otherwise secured against entry and the building official shall post thereon a placard stating: “DO NOT ENTER, UNSAFE TO OCCUPY, CITY OF GLENDALE.” Such notice shall remain posted until the required repairs, demolition or removal are completed.
Such notice shall not be removed without written permission of the building official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.
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17 SECTION IA-24. Chapter 1 Division II Section 118 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION 118
CONSTRUCTION TOILET FACILITIES
118 Temporary Construction Toilets. Toilet Facilities Required. No person shall commence or proceed with the erection, construction, alteration, repair, raising, adding to, removal, or demolition of any building or structure unless adequate, suitable, sanitary toilet facilities under the control of such person are provided for the use of any person employed or working upon such building or structure. Such toilet facilities shall be located upon or within a reasonable distance of the lot, premises, or site upon which such work is being done.
In no case shall the line of travel to any facility exceed five hundred feet (500’) (153 M). Toilets may not be placed on the public way.
118.1 Toilet Standards. Every toilet shall be of water flush type and shall be connected to a public sewer or private sewage disposal system built in accordance with the provisions of the Plumbing Code. All toilet structures shall be self-closing; the toilet floor shall be smooth, and screened ventilation shall be provided for the toilet compartment. Where workmen are employed during night hours, the toilet building shall be provided with artificial light. In lieu of flush water closets approved chemical toilets may be provided. Toilets may not be located within 10’ (3054 mm) of a property line. 134 of 818
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18 SECTION IA-25. Chapter 1 Division II Section 119 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION 119
ON SITE CONSTRUCTION TRASH AND DEBRIS CONTROL
119 On Site Construction Trash and Debris Control Facilities Required.
No person shall commence or proceed with erection, construction, alteration, repair, raising, adding to, removal, or demolition of any building or structure unless adequate, suitable on site trash and debris control facilities under the control of such person are provided for the use of any person employed or working upon such building or structure. On site trash and debris control shall consist of at least a roll off 523 ft³ (15m³) bin. The container shall be emptied often enough so that no storage of trash is outside the bin. The bin shall be removed from the site after the building has passed final inspection or within thirty (30) days of the expiration of the building permit.
Exception: Additions, less than 900 ft ² (84m²), and alterations to Group R, Division 3 occupancies and Group U occupancies need not provide a roll off bin but must store trash and debris in the rear yard in quantities less than 10 ft (3m) wide by 10 ft (3m) long by 4 ft (1.2m) high. All trash and debris whether or not in containers shall be kept 3 ft (912mm) from adjacent property lines.
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19 SECTION IA-26. Chapter 1 Division II Section 120 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION 120
DISASTER REPAIR AND RECONSTRUCTION
120.1 Intent. This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the City Council. This section does not allow exemptions from the Building, Fire, Electrical, Mechanical, Plumbing, other Codes, or standards. 120.2 Applications of Provisions.
120.2.1 The provisions of this section are applicable following each disaster when a local emergency has been declared by the City Council to all buildings and structures of all occupancies regulated by the City of Glendale. The Council may extend the provisions as necessary.
120.2.2 When approved by the building official, the requirements of this section may be waived in favor of repair recommendations included in an engineering evaluation as defined in Section 120.3.
120.3 Definitions. For the purpose of this section 120, the following definitions apply:
120.3.1 “Architect” means an individual licensed by the State of California to practice architecture as defined in the State of California Business and Professions Code. 120.3.2 “Civil Engineer” means an individual registered by the State of California to practice civil engineering as defined in the State of California Business and Professions Code.
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20 120.3.3 “Current Code” means the edition of the California Building Code, published by the International Code Council, as adopted by the City of Glendale as the Glendale Building and Safety Code, as amended. The edition of said Glendale Building and Safety Code to be applied shall be that edition in effect at the time of the declaration of a local emergency by the City Council.
120.3.4 “Engineering Evaluation” means an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendations for repair with appropriate opinion of construction cost for those repairs. 120.3.5 “Replacement Value” means the dollar value, as determined by the new building official, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site. 120.3.6 “Structural Engineer” means an individual registered by the State of California to practice structural engineering and to use the title structural engineer as defined in the State of California Business and Professions Code. 120.3.7 “Value of Repair” means the dollar value, as determined by the building official, of making the necessary repairs to the damaged building. 120.4 Repair Criteria.
120.4.1 Abatement of Dangerous Buildings shall be in accordance with the provisions of Chapter 1 Division II, Section 116.
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21 120.4.2 Building and structures of all occupancies which have been damaged as a result of a disaster, except as otherwise noted, shall be repaired in accordance with the following criteria:
1. When the estimated value of repair does not exceed ten percent (10%) of the replacement value of the structure, the damaged portion(s) may be restored to their pre-disaster condition.
Exception: When the damaged elements include suspended ceiling systems, the ceiling system shall be repaired and all bracing required by current code shall be installed.
2. When the estimated value of repair is greater than ten percent (10%) but less than fifty percent (50%) of the replacement value of the structure, the damaged elements, as well as all critical ties, supported elements and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current Code.
3. When the estimated value of repair is fifty percent (50%) or more of the replacement value of the structure, the entire structure shall be brought into conformance with the structural requirements of the current Code.
4. In Group R, Division 3 occupancies, the repair value of damaged chimneys shall be excluded from the computation of percentage of replacement value. Damaged chimneys shall be repaired in accordance with Chapter 1Division II, Section 120.5.
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22 120.5 Repair Criteria for Chimneys.
120.5.1 All damaged chimneys must be repaired or reconstructed to comply with the requirements of Section 2113 of the Glendale Building and Safety Code, 2023. Damaged portions of chimneys shall be removed in accordance with the following criteria:
1. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion shall be removed to the roof line provided the roof and ceiling anchorage are in sound condition.
2. For a single-story structure in which the damaged portion of the chimney is below the roof line or the damaged portion extends from above the roof line to below the roof line, the chimney shall be removed to the top of the fire box.
3. For a multi-story structure, the damaged portion of the chimney shall be removed from the top to a floor line where sound anchorage is found.
4. In any structure where the firebox has been damaged, the entire chimney and firebox shall be removed to the foundation. If this foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation shall be removed and replaced.
120.5.2 Where existing conditions preclude the installation of all anchorage required by Section 2113 of the current Code, alternate systems may be used in accordance with the alternate methods and materials provisions of the current Code when approved by the building official. Such alternate systems shall be designed and detailed by a structural engineer, civil engineer, or architect.
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23 120.6 Repair Criteria for Unreinforced Masonry Buildings and Structures. 120.6.1 All buildings as described in Appendix Chapter A1, Section A102.1 of the California Existing Building Code of Volume IC of the Glendale Building and Safety Code that are damaged shall be repaired and strengthened in accordance with provisions of Chapter 1 Division II, Section 120.4.
120.6.2 Unreinforced masonry buildings damaged less than 50% shall be repaired in accordance with California Existing Building Code, Appendix Chapter A1, Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings of Volume IC of this Code.
SECTION IA-27. Chapter 1 Division II Section 121 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION 121
SANDBLASTING
121.1. Sandblasting: Definition. As used in this article, unless the context expressly indicates otherwise, "sandblasting" shall mean the use of air, steam or water containing sand to clean, grind, or cut hard surfaces.
121.2. Dry Sandblasting. Dry sandblasting is prohibited unless authorized by special permission from the building official endorsed upon a permit. Permission for dry sandblasting may be granted only when it is not possible to employ wet sandblasting. When dry sandblasting is permitted, the building official may impose such reasonable and related conditions as he or she may deem necessary for the protection of the public and the adjacent property.
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24 121.3. Use of Canvas. Sandblasting operations shall, at all times, be separated from all adjacent property by canvas or other suitable barrier to prevent the splashing or blowing of water and/or sand thereupon.
121.4. Stoppage of Work. The building official may order the immediate stoppage of sandblasting for failure to comply with any provision of this chapter. Failure of any person to comply immediately with such order shall constitute a misdemeanor.
SECTION IA-28. Section 202 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
202 Definitions. For the purposes of this section certain term is defined as follows:
INTERMODAL SHIPPING CONTAINER. A six-sided steel unit originally constructed as a general cargo container used for the transport of goods and materials.
SECTION IA-29. Section [F] 403.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[F] 403.3 Combination Aautomatic sprinkler / standpipe system. Buildings and structures shall be equipped throughout with an a combination automatic sprinkler/ standpipe system in accordance with Section 903.3.1.1 and a secondary water supply where required by in accordance with Section 403.3.3, and the policies of the fire code official. Standpipes shall provide for a looped redundant sprinkler supply at each floor level. A sprinkler water-flow alarm-initiating device and a control valve with a supervisory signal-initiating device shall be provided at each of the lateral connections to the risers on each floor.
Exception: An automatic sprinkler system shall not be required in open parking garages in accordance with Section 406.5.
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25 SECTION IA-30. Section 403.3.3 of Volume 1A of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[F] 403.3.3 Secondary water supply. An automatic secondary on-site water supply having a usable capacity not less than the hydraulically calculated sprinkler demand, including the hose stream requirement for a duration of not less than 30 minutes, or the fire pump’s listed flow at 100% for a duration of not less than 30 minutes, whichever is greater, shall be provided for high- rise buildings and Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access in Seismic Design Category C, D, E or F as determined by the California Building Code. An additional fire pump shall not be required for the secondary water supply unless needed to provide the minimum design intake pressure at the suction side of the fire pump supplying the automatic sprinkler system. The secondary water supply shall have a duration of not less than 30 minutes or as determined by the occupancy hazard classification in accordance with NFPA 13, whichever is greater. The Class I standpipe system demand shall not be required to be included in the secondary on-site water supply calculations. In no case shall the secondary on-site water supply be less than 15,000 gallons.
Exception: Existing buildings.
SECTION IA-31. Section 503.2 of Volume 1A of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
503.2 Construction on contiguous lots under same ownership or occupancy. In those cases where lots, or portions of lots, contiguous to one another are owned or occupied by the same person, such lots, or portions of lots, may be considered one lot for the purpose of enforcing Sections 503, 602.1, Table 602 and, Table 504.4 and Table 506.2 of this Code. In such event, the owner of said lots shall be required to execute and record a covenant and agreement with the 142 of 818
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26 City to the satisfaction of the building official on a form approved by the City Attorney. Said covenant and agreement shall, among other things, provide that said lots or portions of lots shall remain as one parcel and the owner thereof shall not sell, transfer or in any way sever any portion of said lots or portions of lots independently from the remaining lots or portions of lots until or unless released from the covenant and agreement by the city. Said covenant and agreement shall be recorded by the Los Angeles County Recorder, shall run with the lot or portions of lots, and shall be binding upon the owner, future owners, encumbrancers, successors, heirs, and assigns. An easement or dedication for public right of way purposes shall not constitute ownership or occupancy under this Section 503.2. The building official is hereby authorized to execute such covenants and agreements on behalf of the City.
SECTION IA-32. Section [F] 903.2.21 of Volume IA of the Glendale Building and Safety Code, 2023, regarding where automatic sprinkler systems are required, is hereby added to read as follows:
[F] 903.2.21 Where required. Notwithstanding other provisions of the code, approved automatic sprinkler systems in new and existing buildings and structures shall be provided in accordance with this section.
Exceptions:
1. When approved by the fire code official, spaces or areas in telecommunications buildings used exclusively for telecommunication equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than one-hour fire-resistance-rated walls and two-hour fire-resistance-rated floor/ceiling assemblies. 143 of 818
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27 2. Automatic fire sprinkler protection for fixed guideway transit systems shall comply with Section 903.2.20.17.
903.2.21.1 New occupancies. An automatic sprinkler system shall be installed in all new occupancies.
Exceptions:
1. Group B, Group F Divisions 1 and 2, and Group M occupancies, less than 1000 total square feet (92.9 m2).
2. Group S Division 1 occupancies not classified as motor vehicle repair garages less than 1000 total square feet (92.9 m2).
3. Group S Division 2 occupancies not classified as parking garages less than 1000 total square feet (92.9 m2).
903.2.21.2 Existing occupancies. An automatic sprinkler system shall be installed and maintained in all existing occupancies as follows:
1. Throughout existing and new sections of any existing building whenever total additions result in an increase of more than 1000 square feet (92.9 m2) in the total floor area, including mezzanines or additional stories, regardless of ownership. Additions shall be cumulative with each application for building permit within the previous five years.
Exception: Group R, Division 3 occupancies.
2. Throughout existing and new sections of any existing building whenever alterations exceed fifty percent (50%) of the replacement value, as determined by the building official. Alteration values shall be cumulative with each application for a building permit within the previous five years.
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28 Exception: Expenditures for tenant improvements, maintenance and repairs such as interior and exterior painting, carpeting, interior window coverings, drapes, movable partitions, surface re-roofing or plumbing, mechanical and electrical repairs.
3. Throughout existing and new sections of any existing building for which there is an occupancy classification change to a more hazardous use, as determined by the fire code official or building official.
4. Throughout any existing Group R Division 2 occupancy being subdivided to condominium units.
5. Existing high-rise buildings. “Existing high-rise buildings,” as defined in Volume I shall have an automatic sprinkler system installed and operational throughout.
6. Existing mid-rise buildings. Existing mid-rise buildings shall have an automatic fire sprinkler system installed and operational throughout. For the purpose of this section, “mid-rise building” means any building six or more stories in height or more than 55 feet (16,764 mm) in height and not defined as a high-rise building. Measurement shall be from the underside of the roof or floor above the topmost occupiable space to the lowest fire apparatus access road level or building access, whichever is lower.
Exception: Open parking garages.
7. Existing low-rise building. Existing low-rise buildings shall have an automatic fire sprinkler system installed and operational throughout. For the purpose of this section, “low-rise building” means any building four or more stories in height but less than 55 feet (16,764 mm) in height from the lowest level of Fire Department access.
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29 occupiable space to the lowest fire apparatus access road level or building access, whichever is lower.
Exception: Open parking garages.
903.2.21.2.1 Notification, recordation, enforcement, and standards.
Notification, recordation, enforcement and standards addressed in this Section 903.2.20.2.1 shall be enforced by the fire code official to ensure compliance with Section 903.2.20.2, subsections 6, 7, and 8.
1. Notification. Whenever, pursuant to Section 903.2.20.2, the fire code official determines by inspection that a building does not conform to the minimum requirements of Section 903.2.20.2, subsection 6, 7 or 8, the fire code official shall prepare a fire/life safety notice in writing that the building be repaired and modified to conform to the minimum requirements of said Sections. The notice shall specify in what manner the building fails to meet the minimum requirements of Section 903.2.20.2, subsection 6, 7, or 8. It shall direct that plans be submitted, and that necessary permits be obtained not later than one (1) year after the service of the notice, and that necessary corrections be completed not later than three (3) years thereafter for work required under Section 903.2.20.2, subsection 6, not later than four (4) years thereafter for work required under Section 903.2.20.2, subsection 7 and not later than five (5) years thereafter for work required under Section 903.2.20.2, subsection 8. The notice shall be transmitted by the fire code official for enforcement purposes. The fire code official shall serve the notice either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll and upon the person, if any, in real or apparent charge or control of the building. The provisions of this Section 903.2.20.2.1 are 146 of 818
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30 not intended to prevent the fire code official from also making a determination or issuing an order regarding failure to comply with Section 903.2.20.2, subsection 6, 7, or 8.
2. Recordation . At the time that the fire code official serves the aforementioned order or notice, the fire code official shall file with the Office of the County Recorder, a certificate stating that the subject building does not meet the minimum fire safety requirements of Section 903.2.20.2, subsection 6, 7, or 8 and that the owner thereof has been so notified. After all necessary corrective work has been performed; the fire code official shall file with the Office of the County Recorder, a certificate terminating the status of the subject building as nonconforming to the minimum fire safety requirements of Section 903.2.20.2, subsection 6, 7, or 8.
3. Enforcement. If the owner or other person in charge and control of the subject building fails to comply with the aforementioned order or notice within the time periods set forth in Section 903.2.20.2.1, such person is guilty of a misdemeanor punishable by a fine or by imprisonment or both. A person is guilty of a separate offense each day during which he or she commits, continues or permits a violation of Section 903.2.20.2, subsection 6, 7, or 8. The fire code official shall also order that the building owner or other person in charge and control post a notice of non-conformance. The notice shall be placed in a conspicuous area of the building until all required corrective work has been completed.
SECTION IA-33. Section [F] 906.8 of Volume IA of the Glendale Building and Safety Code, 2023 is hereby amended to read as follows:
[F] 906.8 Cabinets. Cabinets used to house portable fire extinguishers shall not be locked.
Exceptions:
1. Where portable fire extinguishers subject to malicious use or damage are provided with a means of ready access.
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31 2. In Group I-3 occupancies and in mental health areas in Group I- 2 occupancies, access to portable fire extinguishers shall be permitted to be locked or to be located in staff locations provided the staff has keys.
In new construction, fire extinguishers shall be located within recessed or semi-recessed cabinets. In existing occupancies, fire extinguishers shall be located within recessed or semi- recessed cabinets when required by the fire code official. Cabinets should be mounted at no higher than four feet (1219 mm) above the floor to the top of the cabinet. Fire extinguishers shall be mounted with the brackets or hangers within the cabinets.
Exception: Surface mounted cabinets may be installed when construction material makes recessing the cabinet impracticable.
SECTION IA-34. Section [F] 906.9.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[F] 906.9.1 Extinguishers weighing 40 pounds or less. Portable fire extinguishers having a gross weight not exceeding 40 pounds (18kg) shall be installed so that their tops are not more than 48 inches (1219 mm) 5 feet (1524 mm) above the floor.
SECTION IA-35. Section [F] 907.6.6 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
[F] 907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved supervising station in accordance with NFPA 72 and this section. Supervising stations shall be listed by Underwriters Laboratories, Inc., or approved equal.
Exception: Supervisory service is not required for:
1. Single- and multiple-station smoke alarms required by Section 907.2.11. 148 of 818
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32 2. Group I- 3 occupancies shall be monitored in accordance with Section 907.2.6.3.
3. Automatic sprinkler systems in one-and two-family dwellings.
SECTION IA-36. Section [F] 907.10 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
[F] 907.9 Certification and Identification of Certificated Systems. 907.9.1 New Systems. All new fire alarm systems shall maintain a valid Certificate as required by NFPA 72 Section 26.3 for the life of the system. The permittee and the listed contractor issuing the Certificate shall be one and the same.
907.9.2 Existing systems. The fire code official is authorized to order existing systems to provide central station service system monitoring if no monitoring exists, or upgrade existing monitoring to central station service system monitoring, in accordance with the provisions of Section 907.6.6 as amended, and this Section, when any one of the following conditions occur:
1. Systems produce three or more false or nuisance alarm activations within a 12- month period.
2. Systems become unmaintainable or unreliable due to dilapidation or deterioration as determined by the fire code official.
3. Upon replacement of the fire alarm control unit, or when 25% or more of the devices are replaced.
4. A change in occupancy occurs to a more hazardous use as determined by the fire code official.
Exception: Group R Division 3 occupancies.
907.11.3 Identification of certificated systems. All existing and new fire alarm systems for which a Certificate is required shall be identified with an approved, tamper resistant label on the 149 of 818
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33 fire alarm control panel. The label shall, at a minimum, show the following: certificate number; the name, address, phone number, listing number, and California contractor’s license number of the certificate holder; a warning statement to the effect that no person or entity is authorized to perform any work on the system without the express permission and authorization of the contractor/certificate holder, and that the certification may be voided in such case; a statement that a valid certificate is required to be in effect for the life of the system, and; a statement that by order of the fire code official the label shall not be removed.
SECTION IA-37. Section [F] 913.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
[F] 913.7 Fire pumps and pump rooms.
913.7.1 Pump sizing. Fire pumps shall be sized to meet the required demands based upon 100% of the listed pump capacity.
913.7.2 Pump room. All fire pumps shall be located in a dedicated room. The room shall not be used for any other equipment or use.
913.7.3 High rise buildings. A minimum of two fire pumps independently driven shall be provided for all new high-rise buildings. The pumps shall be arranged and controlled so as to automatically switch should one fail. Each pump shall be provided with a secondary power supply as approved by the fire code official. One or both pumps shall receive their water directly from the municipal water supply.
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34 SECTION IA-38. Table 1004.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
TABLE 1004.1.2
MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT
FUNCTION OF SPACE OCCUPANT LOAD FACTOR a
Accessory storage areas, mechanical equipment room 300 gross Agricultural building 300 gross
Aircraft hangars 500 gross
Airport terminal
Baggage claim
Baggage handling
Concourse
Waiting areas
20 gross
300 gross
100 gross
15 gross
Assembly
Gaming floors (keno, slots, etc.)
Billiard/Pool Table
Exhibit Gallery and Museum
11 gross
8 per table
30 net
Assembly with fixed seats See section 1004.4
Assembly without fixed seats
Concentrated (chairs only-not fixed)
Standing space
Unconcentrated (tables and chairs)
7 net
5 net
15 net
Bowling centers, allows 5 persons for each lane
including 15 feet of runway, and for additional areas 7 net Business areas
Concentrated business use areas
150 gross
See Section 1004.8
Courtrooms-other than fixed seating areas 40 net
Day care 35 net
Dormitories 50 gross
Educational
Classroom area
Shops and other vocational room areas
20 net
50 net
Exercise rooms 50 gross
Garment manufacturing 50 gross
Group H-5 Fabrication and manufacturing areas 200 gross Industrial areas 100 gross
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35 TABLE 1004.1.2 Continued
MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT
FUNCTION OF SPACE OCCUPANT LOAD FACTOR a
Institutional areas
Inpatient treatment areas
Outpatient areas
Sleeping areas
240 gross
100 gross
120 gross
Kitchens, commercial 200 gross
Laboratory
Educational (K-12th grade)
Laboratories, non-educational
Laboratory suite b
50 net
100 net
200 gross
Library
Reading rooms
Stack area
50 net
100 gross
Locker rooms 50 gross
Mall buildings – covered and open See Section 402.8.2
Mercantile
Areas on other floors
Storage, stock, shipping areas
60 gross
300 gross
Parking garages 200 gross
Residential 200 gross
Skating rinks, swimming pools
Rink and pool
Decks
50 gross
15 gross
Stages and platforms 15 net
Warehouses 500 gross
For SI: 1 square foot = 0.0929 m²
a. Floor area in square feet per occupant.
b. See Section 453.2.
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36 SECTION IA-39. TABLE 1006.2.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
TABLE 1006.2.1
SPACES WITH ONE EXIT OR EXIT ACCESS DOORWAY
OCCUPANCY MAXIMUM
OCCUPANT
LOAD OF
SPACE
MAXIMUM COMMON PATH OF EGRESS
TRAVEL DISTANCE (feet)
Without Sprinkler System (feet) With Sprinkler
System (feet) Occupant Load
OL ≤ 30 OL ≥ 30
Ac, E, M 49 75 75 75a
B 49 100 75 100a
F 49 75 75 100a
H-1, H-2, H-3 3 NP NP 25b
H-4. H-5 10 NP NP 75b
I-2d, I-2.1, I-4 10 NP NP 75a
I-3 10 NP NP 100a
R-1 10 NP NP 75a
R-2 20 NP NP 125a
R-2.1 10 NP NP 75a
R-2.2 20 NP NP 125a
R-3e, R-3.1e 20 NP NP 125a, g
R-4e 20 NP NP 125a, g
Sf 29 100 75 100a
U 49 100 75 75a
L See Section 453.6.1 NP NP
For SI: 1 foot = 304.8 mm.
NP = Not Permitted
a. Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. See Section 903 for occupancies where automatic sprinkler systems are permitted in accordance with Section 903.3.1.2.
b. Group H occupancies equipped throughout with an automatic sprinkler system in accordance with Section 903.2.5.
c. For a room or space used for assembly purposes having fixed seating, see Section 1029.8. d. For the travel distance limitations and number of exit and exit access requirements for rooms and spaces in Group I-2 or I-2.1, see Section 407.4.
e. The length of common path of egress travel distance shall only apply in a Group R-3 occupancy located in a mixed occupancy building or with a Group R-3 or R-4 congregate living facility. f. The length of common path of egress travel distance in a Group S-2 open parking garage shall be not more than 100 feet.
g. For the travel distance limitation in Group R-3 and R-4 equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.3, see Section 1006.2.2.6. h. For holding cells, see Section 408.3.11.
i. Garment manufacturing maximum occupant load is 29.
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37 SECTION IA-40. Section 1505.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A and B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building. The roof-covering assembly includes the roof deck, underlayment, interlayment, insulation and covering which is assigned a roof covering classification. No wood roof covering material shall be installed. See Chapter 7A for roofing requirements in Wildland Urban Interface Fire Areas (also known as High Fire Hazard Areas).
Exceptions:
1. Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
2. Penthouses shall be constructed as required in Section 1510.2.
SECTION IA-41. TABLE 1505.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
TABLE 1505.1a.
MINIMUM ROOF COVERING CLASSIFICATION
FOR TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
B B B CB B CB B B CB
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m².
a. Unless otherwise required in accordance with Chapter 7A-for Wildland Urban
Interface Fire Areas (also known as High Fire Hazard Areas).
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38 SECTION IA-42. Section 1505.1.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C B. No wood roof covering shall be installed.
SECTION IA-43. Section 1507.3.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1507.3.1 Deck requirements. Concrete and clay tile shall be installed only over solid sheathing or spaced structural sheathing boards.
Exceptions: Spaced lumber shall be permitted in Seismic Design Categories A, B and C.
SECTION IA-44. Table 1507.3.7 of Volume IA of the Glendale Building and Safety Code, 2023 is hereby amended to read as follows:
TABLE 1507.3.7
CLAY AND CONCRETE TILE ATTACHMENTa, b, c
GENERAL—CLAY OR CONCRETE ROOF TILE
Maximum Allowable Stress Nominal Design Wind Speed, Vasdf (mph) Mean roof
height
(feet)
Roof slope up to < 3:12
Roof slope 3:12 and over
85 0-60 One Two fasteners per
tile. Flat tile without
vertical laps, two
fasteners per tile.
Two fasteners per tile. Only one Two fasteners on slopes of 7:12 and less for tiles with installed weight exceeding 7.5 lbs./sq. ft. having a width no greater than 16 inches.
100 0-40
100 > 40-60 The head of all tiles shall be nailed. The nose of all eave tiles shall be fastened with approved clips.
All rake tiles shall be nailed with two nails. The nose of all ridge, hip and rake tiles shall be set in a bead of roofer's mastic.
110 0-60 The fastening system shall resist the wind forces in Section 1609.5.3 minimum 2 fasteners per tile. 155 of 818
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39 120 0-60 The fastening system shall resist the wind forces in Section 1609.5.3 minimum 2 fasteners per tile. 130 0-60 The fastening system shall resist the wind forces in Section 1609.5.3 minimum 2 fasteners per tile.
All >60 The fastening system shall resist the wind forces in Section 1609.5.3 minimum 2 fasteners per tile.
INTERLOCKING CLAY OR CONCRETE ROOF TILE WITH PROJECTING ANCHOR LUGSd, e (Installations on spaced/solid sheathing with battens or spaced sheathing) Maximum Nominal Design Wind Speed, Vasdf
(mph)
Mean roof height
(feet) Roof slope up to < 5:12 Roof slope 5:12 < 12:12 Roof slope 12:12 and over 85 0-60
Fasteners are not required. Tiles
with installed weight less than 9
lbs./sq. ft. require a minimum of
one fastener per tile.
One fastener per tile every other
row. All perimeter tiles require
one fastener. Tiles with installed
weight less than 9 lbs./sq. ft.
require a minimum of one
fastener per tile.
One fastener required for every
tile. Tiles with installed weight
less than 9 lbs./sq. ft. require a
minimum of one fastener per tile.
100 0-40
100 > 40-60
The head of all tiles shall be nailed. The nose of all eave tiles shall be fastened with approved clips. All rake tiles shall be nailed with two nails. The nose of all ridge, hip and rake tiles shall be set in a bead of roofers’ mastic.
110 0-60 The fastening system shall resist the wind forces in Section 1609.5.3. 120 0-60 The fastening system shall resist the wind forces in Section 1609.5.3. 130 0-60 The fastening system shall resist the wind forces in Section 1609.5.3.
All > 60 The fastening system shall resist the wind forces in Section 1609.5.3.
INTERLOCKING CLAY OR CONCRETE ROOF TILE WITH PROJECTING ANCHOR LUGS (Installations on solid sheathing without battens)
Maximum Allowable Stress Nominal Design Wind Speed, Vasdf (mph) Mean roof height (feet)
All roof slopes
85 0-60 Two fasteners per tile.
100 0-40 Two fasteners per tile.
100 > 40-60 The head of all tiles shall be nailed. The nose of all eave tiles shall be fastened with approved clips.
All rake tiles shall be nailed with two nails. The nose of all ridge, hip and rake tiles shall be set in a bead of roofer's mastic.
110 0-60 The fastening system shall resist the wind forces in Section 1609.5.3 minimum two fasteners per tile. 120 0-60 The fastening system shall resist the wind forces in Section 1609.5.3 minimum two fasteners per tile. 130 0-60 The fastening system shall resist the wind forces in Section 1609.5.3 minimum two fasteners per tile.
All > 60 The fastening system shall resist the wind forces in Section 1609.5.3 minimum two fasteners per tile.
Notes to Table 1507.3.7:
For SI : 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s, 1 pound per square foot = 4.882 kg/m2.
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40 a. Minimum fastener size. Hot dipped galvanized ring shank or other approved Ccorrosion-resistant nails not less than No. 11 gage with 5/16-inch head. Fasteners shall be long enough to penetrate into the sheathing ¾-inch or through the thickness of the sheathing, whichever is less. Attaching wire for clay and concrete tile shall not be smaller than 0.083 inch.
b. Snow areas. A minimum of two fasteners per tile are required or battens and one fastener. c. Roof slopes greater than 24:12. The nose of all tiles shall be securely fastened. d. Horizontal battens. Battens shall be not less than 1 inch by 2 inch nominal. Provisions shall be made for drainage by a minimum of ⅛-inch riser at each nail or by 4-foot- long battens with at least a 0.5-inch separation between battens. Horizontal battens are required for slopes over 7:12.
e. Perimeter fastening areas include three tile courses but not less than 36 inches from either side of hips or ridges and edges of eaves and gable rakes. f. V asd shall be determined in accordance with Section 1609.3.1.
SECTION IA-45. Section 1511.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
1511.7 Roof sheathing. When finish roofing material is removed to the existing space sheathing, a minimum of 3/8 inch (9 mm) thick plywood sheathing shall be installed. See Chapter 7A for roof coverings permitted in the Wildland Urban Interface Fire Areas (also known as High Fire Hazard Areas). The new sheathing shall comply with the requirements of Section 2306.2. The sheathing shall be installed such that the edges align over rafters and individual spaced sheathing boards. The sheathing shall be attached to the existing spaced sheathing with 157 of 818
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41 6d common nails at 6 inches (147 mm) on center at supported edges and 6d common nails at 12 inches (294 mm) on center at intermediate supports.
SECTION IA-46. Section 1613.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to Chapter 16 to read as follows:
1613.5 Amendments to ASCE 7. The provision of Section 1613.5 shall be permitted as an amendment to the relevant provisions of ASCE 7.
SECTION IA-47. Section 1613.5.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to Chapter 16 to read as follows:
1613.5.1 Values for Vertical Combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:
3. Detached one-and two-family dwellings up to two stories in height of light frame construction.
SECTION IA-48. Section 1613.5.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
1613.5.2 Wood Diaphragms. Modify ASCE 7 Section 12.11.2.2.3 to read as follows:
12.11.2.2.3 Wood diaphragms. The anchorage of concrete or masonry structural walls to wood diaphragms shall be in accordance with AWC SDPWS 4.1.5.1 and this section.
Continuous ties required by this section shall be in addition to the diaphragm sheathing.
Anchorage shall not be accomplished by use of toenails or nails subject to withdrawal, nor shall wood ledgers or framing be used in cross-grain bending or cross-grain tension.
The diaphragm sheathing shall not be considered effective for providing the ties or struts required by this section.
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42 For structures assigned to Seismic Design Category D, E or F, wood diaphragms supporting concrete or masonry walls shall comply with the following:
1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form subdiaphragms to transmit the anchorage forces to the main continuous crossties.
2. The maximum diaphragm shear used to determine the depth of the subdiaphragm shall not exceed 75% of the maximum diaphragm shear.
SECTION IA-49. Section 1613.5.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
1613.5.3 Structural Separation. Modify ASCE 7 Section 12.12.3 Equation 12.12-1 as follows:
(12.12-1)
SECTION IA-50. Section 1613.6 of Volume IA of the Glendale Building Code, 2023, is hereby added to read as follows:
1613.6 Seismic design provisions for hillside buildings.
1613.6.1 Purpose. The purpose of this section is to establish minimum regulations for the design and construction of new buildings and additions to existing buildings when constructing such buildings on or into slopes steeper than one unit vertical in three units horizontal (33.3%). These regulations establish minimum standards for seismic force resistance to reduce the risk of injury or loss of life in the event of earthquakes.
1613.6.2 Scope. The provisions of this section shall apply to the design of the lateral -force- resisting system for hillside buildings at and below the base level diaphragm. The design of the lateral-force-resisting system above the base level diaphragm shall be in accordance with the provisions for seismic and wind design as required elsewhere in this division.
Exception: Non-habitable accessory buildings and decks not supporting or supported from the main building are exempt from these regulations.
1613.6.3 Definitions. For the purposes of this section certain terms are defined as follows:
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e
d
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I
C maxδδ
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43 BASE LEVEL DIAPHRAGM is the floor at, or closest to, the top of the highest level of the foundation.
DIAPHRAGM ANCHORS are assemblies that connect a diaphragm to the adjacent foundation at the uphill diaphragm edge.
DOWNHILL DIRECTION is the descending direction of the slope approximately perpendicular to the slope contours.
FOUNDATION is concrete or masonry which supports a building, including footings, stem walls, retaining walls, and grade beams.
FOUNDATION EXTENDING IN THE DOWNHILL DIRECTION is a foundation running downhill and approximately perpendicular to the uphill foundation.
HILLSIDE BUILDING is any building or portion thereof constructed on or into a slope steeper than one unit vertical in three units horizontal (33.3%). If only a portion of the building is supported on or into the slope, these regulations apply to the entire building.
PRIMARY ANCHORS are diaphragm anchors designed for and providing a direct connection as described in Sections 1613.6.5 and 1613.6.7.3 between the diaphragm and the uphill foundation.
SECONDARY ANCHORS are diaphragm anchors designed for and providing a redundant diaphragm to foundation connection, as described in Sections 1613.6.6 and 1613.6.7.4.
UPHILL DIAPHRAGM EDGE is the edge of the diaphra gm adjacent and closest to the highest ground level at the perimeter of the diaphragm.
UPHILL FOUNDATION is the foundation parallel and closest to the uphill diaphragm edge.
1613.6.4 Analysis and design.
1613.6.4.1 General. Every hillside building within the scope of this section shall be analyzed, designed, and constructed in accordance with the provisions of this division.
When the code -prescribed wind design produces greater effects, the wind design shall govern, but detailing requirements and limitations prescribed in this and referenced sections shall be followed.
1613.6.4.2 Base level diaphragm -downhill direction. The following provisions shall apply to the seismic analysis and design of the connections for the base level diaphragm in the downhill direction.
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44 1613.6.4.2.1 Base for lateral force design defined. For seismic forces acting in the downhill direction, the base of the building shall be the floor at or closest to the top of the highest level of the foundation.
1613.6.4.2.2 Base shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems. The total base shear shall include the forces tributary to the base level diaphragm including forces from the base level diaphragm.
1613.6.5 Base shear resistance-primary anchors.
1613.6.5.1 General. The base shear in the downhill direction shall be resisted through primary anchors from diaphragm struts provided in the base level diaphragm to the foundation.
1613.6.5.2 Location of primary anchors. A primary anchor and diaphragm strut shall be provided in line with each foundation extending in the downhill direction. Primary anchors and diaphragm struts shall also be provided where interior vertical lateral -force- resisting elements occur above and in contact with the base level diaphragm. The spacing of primary anchors and diaphragm struts or collectors shall in no case exceed 30 feet (9144 mm).
1613.6.5.3 Design of primary anchors and diaphragm struts. Primary anchors and diaphragm struts shall be designed in accordance with the requirements of Section 1613.6.8.
1613.6.5.4 Limitations. The following lateral -force-resisting elements shall not be designed to resist seismic forces below the base level diaphragm in the downhill direction:
1. Wood structural panel wall sheathing,
2. Cement plaster and lath,
3. Gypsum wallboard, and
4. Tension only braced frames.
Braced frames designed in accordance with the requirements of Section 2205.2.1.2 may be used to transfer forces from the primary anchors and diaphragm struts to the foundation provided lateral forces do not induce flexural stresses in any member of the frame or in the diaphragm struts. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular.
1613.6.6 Base shear resistance-secondary anchors.
1613.6.6.1 General. In addition to the primary anchors required by Section 1613.6.5, the base shear in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in the base level diaphragm. 161 of 818
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45 Exception: Secondary anchors are not required where foundations extending in the downhill direction spaced at not more than 30 feet (9144 mm) on center ext end up to and are directly connected to the base level diaphragm for at least 70% of the diaphragm depth.
1613.6.6.2 Secondary anchor capacity and spacing. Secondary anchors at the base level diaphragm shall be designed for a minimum force equal to the base shear, including forces tributary to the base level diaphragm, but not less than 600 pounds per lineal foot (8.76 kN/m) based on Allowable Stress Design (ASD) levels. The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of 4 feet (1219 mm) on center.
1613.6.6.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.6.8.
1613.6.7 Diaphragms below the base level -downhill direction. The following provi sions shall apply to the lateral analysis and design of the connections for all diaphragms below the base level diaphragm in the downhill direction.
1613.6.7.1 Diaphragm defined. Every floor level below the base level diaphragm shall be designed as a diaphragm.
1613.6.7.2 Design force. Each diaphragm below the base level diaphragm shall be designed for all tributary loads at that level using a minimum seismic force factor not less than the base shear coefficient.
1613.6.7.3 Design force resistance -primary anchors. The design force described in Section 1613.6.7.2 shall be resisted through primary anchors from diaphragm struts provided in each diaphragm to the foundation. Primary anchors shall be provided and designed in accordance with the requirements and limitations of Section 1613.6.5.
1613.6.7.4 Design force resistance-secondary anchors.
1613.6.7.4.1 General. In addition to the primary anchors required in Section 1613.6.7.3, the design force in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in each diaphragm below the base level.
Exception: Secondary anchors are not required where foundations extending in the downhill direction, spaced at not more than 30 feet (9144 mm) on cent er, extend up to and are directly connected to each diaphragm below the base level for at least 70% of the diaphragm depth.
1613.6.7.4.2 Secondary anchor capacity. Secondary anchors at each diaphragm below the base level diaphragm shall be designed for a minimum force equal to the 162 of 818
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46 design force but not less than 300 pounds per lineal foot (4.38 kN/m) based on Allowable Stress Design (ASD) levels. The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maxim um of 4 feet (1219 mm) on center.
1613.6.7.4.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.6.8.
1613.6.8 Primary and secondary anchorage and diaphragm strut design. Primary and secondary anchors and di aphragm struts shall be designed in accordance with the following provisions:
1. Fasteners. All bolted fasteners used to develop connections to wood members shall be provided with square plate washers at all bolt heads and nuts. Washers shall be minimum 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size.
Nuts shall be tightened to finger tight plus one half (1/2) wrench turn prior to covering the framing.
2. Fastening. The diaphragm to foundation anchorage shall not be accomplished by the use of toenailing, nails subject to withdrawal, or wood in cross -grain bending or cross-grain tension.
3. Size of Wood Members. Wood diaphragm struts collectors, and other wood members connected to primary anchors shall not be less than 3 inch (76 mm) nominal width.
The effects of eccentricity on wood members shall be evaluated as required per Item
9. 4. Design. Primary and secondary anchorage, including diaphragm struts, splices, and collectors shall be designed for 125% of the tributary force.
5. Allowable Stress Increase. The one- third allowable stress increase permitted under Section 1605.3.2 shall not be taken when the working (allowable) stress design method is used.
6. Steel Element of Structural Wall Anchorage System. The strength design forces for steel elements of the structural wall anchorage system, with the exception of anchor bolts and reinforcing steel, shall be increased by 1.4 times the forces otherwise required.
7. Primary Anchors. The load path for primary anchors and diaphragm s truts shall be fully developed into the diaphragm and into the foundation. The foundation must be shown to be adequate to resist the concentrated loads from the primary anchors.
8. Secondary Anchors. The load path for secondary anchors and diaphragm strut s shall be fully developed in the diaphragm but need not be developed beyond the connection to the foundation.
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47 9. Symmetry. All lateral force foundation anchorage and diaphragm strut connections shall be symmetrical. Eccentric connections may be permitted when demonstrated by calculation or tests that all components of force have been provided for in the structural analysis or tests.
10. Wood Ledgers. Wood ledgers shall not be used to resist cross -grain bending or cross- grain tension.
1613.6.9 Lateral-force-resisting elements normal to the downhill direction.
1613.6.9.1 General. In the direction normal to the downhill direction, lateral -force- resisting elements shall be designed in accordance with the requirements of this section.
1613.6.9.2 Base shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems.
1613.6.9.3 Vertical distribution of seismic forces. For seismic forces acting normal to the downhill direction the distribution of seismic forces over the height of the building using Section 12.8.3 of ASCE 7 shall be determined using the height measured from the top of the lowest level of the building foundation.
1613.6.9.4 Drift limitations. The story drift below the base level diaphragm shall not exceed 0.007 times the story height at strength design force level. The total drift from the base level diaphragm to the top of the foundation shall not exceed 3/4 inch (19 mm).
Where the story height or the height from the base level diaphragm to the top of the foundation varies because of a stepped footing or story offset, the height shall be measured from the average height of the top of the foundation. The story drift shall not be reduced by the effect of horizontal diaphragm stiffness.
1613.6.9.5 Distribution of lateral forces.
1613.6.9.5.1 General. The design lateral force shall be distributed to lateral -force- resisting elements of varying heights in accordance with the stiffness of each individual element.
1613.6.9.5.2 Wood structural panel sheathed walls. The stiffness of a stepped wood structural panel shear wall may be determined by dividing the wall into adjacent rectangular elements, subject to the same top of wall deflection. Deflections of shear walls may be estimated by AWC SDPWS Section 4.3.2. Sheathing and fastening requirements for the stiffest section shall be used for the entire wall. Each section of wall shall be anchored for shear and uplift at each step. The minimum horizontal length of a step shall be 8 feet (2438 mm) and the maximum vertical height of a step shall be 2 feet 8 inches (813 mm).
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48 1613.6.9.5.3 Reinforced concrete or masonry shear walls. Reinforced concrete or masonry shear walls shall have forces distributed in proportion to the rigidity of each section of the wall.
1613.6.9.6 Limitations. The following lateral force -resisting-elements shall not be designed to resist lateral forces below the base level diaphragm in the direction normal to the downhill direction:
1. Cement plaster and lath,
2. Gypsum wallboard, and
3. Tension- only braced frames.
Braced frames designed in accordance with the requirements of Section 2205.2.1.2 of this Code may be designed as lateral -force-resisting elements in the direction normal to the downhill direction, provided lateral forces do not induce flexural stresses in any member of the frame. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular.
1613.6.10 Specific design provisions.
1613.6.10.1 Footings and grade beams. All footings and grade beams shall comply with the following:
1. Grade beams shall extend at least 12 inches (305 mm) below the lowest adjacent grade and provide a minimum 24 inch (610 mm) distance horizontally from the bottom outside face of the grade beam to the face of the descending slope.
2. Continuous footings shall be reinforced with at least two No. 4 reinforcing bars at the top and two No. 4 reinforcing bars at the bottom.
3. All main footing and grade be am reinforcement steel shall be bent into the intersecting footing and fully developed around each corner and intersection.
4. All concrete stem walls shall extend from the foundation and reinforced as required for concrete or masonry walls.
1613.6.10.2 Protection against decay and termites. All wood to earth separation shall comply with the following:
1. Where a footing or grade beam extends across a descending slope, the stem wall, grade beam, or footing shall extend up to a minimum 18 inches (457 mm) above the highest adjacent grade.
Exception: At paved garage and doorway entrances to the building, the stem wall need only extend to the finished concrete slab, provided the wood framing is protected with a moisture proof barrier.
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49 2. Wood ledgers supporting a vertical load of more than 100 pounds per lineal foot (1.46 kN/m) based on Allowable Stress Design (ASD) levels and located within 48 inches (1219 mm) of adjacent grade are prohibited. Galvanized steel ledgers and anchor bolts, with or without wood nailers, or treated or decay resistant sill plates supported on a concrete or masonry seat, may be used.
1613.6.10.3 Sill plates. All sill plates and anchorage shall comply with the following:
1. All wood framed walls, including nonbearing walls, when resting on a footing, foundation, or grade beam stem wall, shall be supported on wood sill plates bearing on a level surface.
2. Power-driven fasteners shall not be used to anchor sill plates except at interior nonbearing walls not designed as shear walls.
1613.6.10.4 Column base plate anchorage. The base of isolated wood posts (not framed into a stud wall) supporting a vertical load of 4,000 pounds (17.8 kN) based on Allowable Stress Design (ASD) levels or more and the base plate for a steel column shal l comply with the following:
1. When the post or column is supported on a pedestal extending above the top of a footing or grade beam, the pedestal shall be designed and reinforced as required for concrete or masonry columns. The pedestal shall be reinforced with a minimum of four No. 4 bars extending to the bottom of the footing or grade beam.
The top of exterior pedestals shall be sloped for positive drainage.
2. The base plate anchor bolts or the embedded portion of the post base, and the vertical reinforcing bars for the pedestal, shall be confined with two No. 4 or three No. 3 ties within the top 5 inches (127 mm) of the concrete or masonry pedestal.
The base plate anchor bolts shall be embedded a minimum of 20 bolt diameters into the concrete or mas onry pedestal. The base plate anchor bolts and post bases shall be galvanized and each anchor bolt shall have at least 2 galvanized nuts above the base plate.
1613.6.10.5 Steel beam to column supports. All steel beam to column supports shall be positively braced in each direction. Steel beams shall have stiffener plates installed on each side of the beam web at the column. The stiffener plates shall be welded to each beam flange and the beam web. Each brace connection or structural member shall consist of at least two 5/8 inch (15.9 mm) diameter machine bolts.
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50 SECTION IA-51. Section 1613.7 of Volume IA of the Glendale Building Code, 2023, is hereby added to read as follows:
1613.7 Suspended ceilings. Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of Section 2506.2.1 of this Code and this section.
1613.7.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein.
1613.7.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect.
1613.7.3 Sprinkler Heads . All sprinkler heads (drops) except fire-resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile.
Sprinkler heads and other penetrations shall have a 2 inch (50 mm) oversize ring, sleeve, or adapter through the ceiling tile to allow for free movement of at least 1 inch (25 mm) in all horizontal directions. Alternatively, a swing joint that can accommodate 1 inch (25 mm) of ceiling movement in all horizontal directions is permitted to be provided at the top of the sprinkler head extension.
Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this code.
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51 1613.7.4 Special requirements for means of egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A Occupancies shall comply with the following provisions:
1613.7.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of thirty (30) or more and at lobbies accessory to Group A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.
1613.7.4.2 Assembly Device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold-down clips minimum for each tile within a 4-foot (1219 mm) radius of the exit lights and exit signs.
1613.7.4.3 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1006.3 of this Code. 1613.7.4.4 Supports for Appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.
SECTION IA-52. Section 1701.2 of Volume IA of the Glendale Building and Safety Code, 2020, is hereby added to read as follows:
1701.2 Technical specialties. As required by the building official, due to specific project concerns or when a project contains construction where special expertise is needed, the building official may require the work to be observed, inspected or certified by a third party, provided by 168 of 818
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52 the owner or contractor and approved by the building official, that has certification or demonstrated expertise in the identified construction.
SECTION IA-53. Section 1704.2 of Volume IA of the Glendale Building and Safety Code, 2020, is hereby amended to read as follows:
1704.2 Special inspections and tests. Where application is made to the building official for construction as specified in Section 105 or 1.8.4, as applicable, the owner or the owner’s authorized agent, other than the contractor, shall employ one or more approved agencies to provide special inspections and tests during construction on the types of work specified in Section 1705 and identify the approved agencies to the building official. These special inspections and tests are in addition to the inspections by the building official that are identified in Section 110.
[O
SHPD 1R, 2 & 5] In addition, the approved agencies shall provide special inspections and tests during construction on the types of work listed under Chapters 17, 18, 19, 20, 21, 22, 23 and 25, and noted in the Test, Inspection and Observation (TIO) program as required by the Office.
The inspectors shall act under the direction of the architect or structural engineer or both, and be responsible to the Owner. Where California Administrative Code Section 7-115(a) 2 permits construction documents to be prepared under the responsible charge of a mechanical engineer, electrical or civil engineer, inspectors shall be permitted to work under the direction of an engineer in the appropriate branch as permitted therein.
Exceptions:
1. Special inspections and tests are not required for construction of a minor nature or as warranted by conditions in the jurisdiction as approved by the 169 of 818
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53 building official.
2. Unless otherwise required by the building official, s pecial inspections and tests are not required for Group U occupancies that are accessory to a residential occupancy including, but not limited to, those listed in Section 312.1.
32. Special inspections and tests are not required for portions of structures designed and constructed in accordance with the cold-formed steel light-frame construction provisions of Section 2211.7 2211.1.2 or the conventional light- frame construction provisions of Section 2308. [OSHPD 1R, 2 & 5] Not permitted by OSHPD.
4.3.The contractor is permitted to employ the approved agencies where the contractor is also the owner. [OSHPD 1R, 2 & 5] Not permitted by OSHPD.
5.4.[HCD 1] The provisions of Health and Safety Code Division 13, Part 6 and the California Code of Regulations, Title 25, Division 1, Chapter 3, commencing with Section 3000, shall apply to the construction and inspection of factory-built housing as defined in Health and Safety Code Section 19971.
SECTION IA-54. Section 1704.6 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1704.6 Structural Observations. Where required by the provisions of Section 1704.6.1, the owner or the owner’s authorized agent shall employ a registered design professional structural observer to perform structural observations. The structural observer shall visually observe representative locations of structural systems, details and load paths for general conformance to the approved construction documents. Structural observation does not include or waive the 170 of 818
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54 responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:
1. The registered design professional responsible for the structural design, or
2. A registered design professional designated by the registered design professional responsible for the structural design.
The requirement for structural observation shall be noted and prominently displayed on the front sheet of the approved plans and incorporated into the general notes on the approved plans.
Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.
At the conclusion of the work included in the permit, the structural observer shall submit to the building official a written statement that the site visits have been made and identify any reported deficiencies that, to the best of the structural observer’s knowledge, have not been resolved.
The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the Building Official.
Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the Building Official. Upon the form prescribed by the Building Official, the structural observer shall submit to the Building Official a written statement at each 171 of 818
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55 significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the Building Official.
SECTION IA-55. Section 1704.6.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1704.6.2 Structural observations for structures. Structural observations shall be provided for Those structures where one or more of the following conditions exist:
2. The structure is classified as Risk Category II or IV.
3. The structure is a high-rise building.
4. The structure is assigned to Seismic Design Category E, is classified as Risk Category I or II, and is greater than two stories above the grade plane a lateral design is required for the structure or portion thereof.
Exception: One-story wood frame Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.
5. Such observation is required by the registered design professional for the structural design.
6. Such observation is specifically required by the building official.
7. The requirement for structural observation shall be noted and prominently displayed on the front sheet of the approved plans and incorporated into the general notes on the approved plans.
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56 SECTION IA-56. Section 1705.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1705.3 Concrete construction. Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 MPa) regardless of the compressive strength specified in the construction documents or used in the footing construction.
2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light- frame construction;
2.2. The footings are designed in accordance with Table 1809.7. ; or
2.3. The structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5.4. Concrete patios, driveways and sidewalks, on grade. 173 of 818
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57 SECTION IA-57. Section 1705.13 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1705.13 Special inspections for seismic resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.13.1 through 1705.13.9, unless exempted by the exceptions of Section 1704.2.
Exceptions: The special inspections specified in Sections1705.13.1 through 1705.13.9 are not required for structures designed and constructed in accordance with one of the following:
1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, S
DS, as determined in Section 1613.2.4, does not
exceed 0.5; and the building height of the structure does not exceed 35 feet (10,688 mm).
2. The seismic force-resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, S
DS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7620 mm).
3. The structure is a detached one- or two-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F, and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:
3.1 Torsional or extreme torsional irregularity.
3.2 Nonparallel systems irregularity.
3.3 Stiffness-soft story or stiffness-extreme soft story irregularity. 174 of 818
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58 3.4 Discontinuity in lateral strength-weak story irregularity.
SECTION IA-58. Section 1805.4.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1805.4.3 Drainage discharge. The floor base and foundation perimeter drain shall discharge by gravity or mechanical means into an approved drainage system that complies with the California Plumbing Code. On all building sites, and other parcels where natural drainage is altered, drainage devices acceptable to the Building Official and the City Engineer shall be installed to conduct concentrated storm water to a location approved by the City Engineer.
Exception: Where a site is located in well-drained gravel or sand or sand/gravel mixture soils, a dedicated drainage system is not required.
SECTION IA-59. Section 1807.1.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be preservative treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.
SECTION IA-60. Section 1807.1.6 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to 175 of 818
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59 be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.
SECTION IA-61. Section 1807.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1 through 1807.2.4. Retaining walls assigned to Seismic Design Category D, E or F shall not be partially or wholly constructed of wood.
SECTION IA-62. Section 1807.3.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1807.3.1 Limitations. The design procedures outlined in this section are subject to the following limitations:
1. The frictional resistance for structural walls and slabs on silts and clays shall be limited to one-half of the normal force imposed on the soils by the weight of the footing or slab.
2. Posts embedded in earth shall not be used to provide lateral support for structural or nonstructural materials such as plaster, masonry or concrete unless bracing is provided that develops the limited deflection required.
Wood poles shall be treated in accordance with AWPA U1 for sawn timber posts (Commodity Specification A, Use Category 4B) and for round timber posts (Commodity Specification B, Use Category 4B). Wood poles and posts embedded in direct contact with soil shall not be used for structures assigned to Seismic Design Category D, E or F. 176 of 818
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60 Exception: Wood poles and posts embedded in direct contact with soil may be used to support nonhabitable, nonoccupiable structures such as fences when approved by the building official.
SECTION IA-63. Section 1809.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding 1 one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than 1 one unit vertical in 10 units horizontal (10-percent slope).
For structures assigned to Seismic Design Category D, E or F, the stepping requiremen t shall also apply to the top surface of continuous footings supporting walls. Footings shall be reinforced with four No. 4 deformed reinforcing bars. Two bars shall be placed at the top and bottom of the footings as shown in Figure 1809.3
STEPPED FOUNDATIONS
FIGURE 1809.3
STEPPED FOOTING
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61 SECTION IA-64. Section 1809.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footing supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
SECTION IA-65. Table 1809.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
TABLE 1809.7
PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e
NUMBER OF FLOORS
SUPPORTED BY THE FOOTING f
WIDTH OF FOOTING
(inches)
THICKNESS OF FOOTING
(inches)
1 12 6
2 15 6
3 18 8 g
For SI: 1 inch = 25.4 mm, 1 foot =304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c. Interior stud-bearing walls shall be permitted to be supported by isolated footings. The footing width and length shall be twice the width shown in this table, and footings shall be spaced not more than 6 feet on center. Not Adopted.
d. See Section 1905 for additional requirements for concrete footings of structures 178 of 818
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62 assigned to Seismic Design Category C, D, E or F.
e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof addition to the stipulated number of floors.
Footings supporting roof only shall be as required for supporting one floor. g. Plain concrete footings for Group R -3 occupa ncies shall be permitted to be 6 inches thick.
SECTION IA-66. Section 1809.12 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.
SECTION IA-67. Section 1810.3.2.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D 25. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F. 179 of 818
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63 SECTION IA-68. Section 1905.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows and subsections 1905.1.1 shall remain as set forth in the California Building Code, 2022:
1905.1 General. The text of ACI 318 shall be modified as indicated in Sections 1905.1.1 through 1905.1.8 1905.1.11.
SECTION IA-69. Section 1905.1.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Structural plain concrete basement, foundation or other walls below the base as defined in ASCE 7 are permitted in detached one - and two-family dwellings three stories or less in height constructed with stud-bearing walls. In dwellings assigned to Seismic Design Category D or E, the height of the wall shall not exceed 8 feet (2438 mm), the thickness shall not be less than 7'/2 inches (190 mm), and the wall shall retain no more than 4 feet (1219 mm) of unbalanced fill. Walls shall have reinforcement in accordance with
14.6.1. Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement or cementious material per cubic yard. (b) Isolated footings of plain concrete supporting pedestals or columns are 180 of 818
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64 permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
Exception: In detached one- and two-family dwellings three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. For footings that exceed 8 inches (203 mm) in thickness, a A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
Exceptions:
1. In Seismic Design Categories A, B, and C, Detached one- and two- family dwellings three stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings without longitudinal reinforcement with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing.
2. For foundation systems consisting of a plain concrete footing and a plain concrete stemwall, a minimum of one bar shall be provided 181 of 818
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65 at the top of the stemwall and at the bottom of the footing.
3. Where a slab on ground is cast monolithically with the footing, one No. 5 bar is permitted to be located at either the top of the slab or bottom of the footing.
SECTION IA-70. Section 1905.1.9 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
1905.1.9 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding Section 18.7.5. 8 and 18.7.5.9 as follows:
18.7.5.8 - Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Sections
18.7.5.1, Items (a) through (c), over the full height of the member.
18.7.5.9 - At any section where the design strength, ϕPn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318 Sections 18.7.6.1 and
18.6.5.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections 18.7.5.1 through 18.7.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength, ϕPn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.
SECTION IA-71. Section 1905.1.10 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
1905.1.10 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding Section
18.10.4.6 as follows:
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66 18.10.4.7 – Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake- induced forces. Such walls shall conform to the requirements of ACI 318 Section 18.14.
SECTION IA-72. Section 1905.1.11 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
1905.1.11 ACI 318, Section 18.12.6. Modify ACI 318, by adding Section 18.12.6.2 as follows:
18.12.6.2 - Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 db in thickness, where db is the diameter of the largest reinforcement in the topping slab.
SECTION IA-73. Section 2113.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
2113.1 General. The construction of masonry chimneys consisting of solid masonry units, hollow masonry units grouted solid, stone or concrete shall be in accordance with this section.
Notwithstanding any other provisions of this code, an existing masonry chimney which is altered or repaired more than ten percent (10%) of its replacement cost within any twelve (12)-month period shall have its entire chimney structure comply with the current requirements of this code or other standards approved by the building official.
SECTION IA-74. Section 2304.10.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
2304.10.2 Fastener Requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. 183 of 818
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67 Staples fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E, or F.
Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.
SECTION IA-75. Section 2304.10.3.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
2304.10.3.1 Quality of nails. In Seismic Design Category D, E & F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum length and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction may be taken at no more than the nail-head-area ratio of that of the same size hand-driven nails.
SECTION IA-76. Section 2304.12.2.8 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows. 2304.12.2.8 Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.
SECTION IA-77. Section 2305.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
2305.4 Hold-down connectors. In Seismic Design Category D, E or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the 184 of 818
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68 product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.
SECTION IA-78. Section 2306.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
2306.2 Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.
The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.
Wood structural panel diaphragms used to resist seismic forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.
Exception: Wood structural panel diaphragms are permitted to be faste ned over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.
SECTION IA-79. Section 2306.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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69 2306.3 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Tables 4.3A and 4.3B of AWC SDPWS shall include the following:
1. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.
2. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 560 pounds per linear foot (plf).
Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.
3. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.
4. Table 4.3B application is not allowed for structures assigned to Seismic Design Category D, E, or F.
For structures assigned to Seismic Design Category D, application of Table 4.3C of AWC SDPWS shall not be used below the top level in a multi-level building.
Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
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70 Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.
The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AWC SDPWS.
SECTION IA-80. Section 2307.2 of Volume IA of the Glendale Building and Safety Code, 2023, is added to the 2022 Edition of the California Building Code to read as follows:
2307.2 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.
SECTION IA-81. Table 2308.6.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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71 188 of 818
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72 SECTION IA-82. Section 2308.6.5.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
2308.6.5.1 Alternate bracing wall (ABW). An ABW shall be constructed in accordance with this section and Figure 2308.6.5.1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of nor more than 10 feet (3,048 mm). Each panel shall be sheathed on one face with 3/8-inch (3.2 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Table 2304.10.1 and blocked at wood structural panel edges. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches at intermediate on panel edges, 3 inches at intermediate supports. Two anchor bolts installed in accordance with Section 2308.3.1 shall be provided in each panel. Anchor bolts shall be placed at each panel outside quarter points. Each panel end stud shall have a hold-down device fastened to the foundation, capable of providing an approved uplifted capacity of not less than 1,800 pounds (8,006 N). The hold-down device shall be installed in accordance with the manufacturer’s recommendations. The ABW shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing or turned-down slab edge is permitted at door openings in the braced wall line. This continuous footing or turned-down slab edge shall be reinforced with not less than one No. 4 bar top and bottom. This 189 of 818
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73 reinforcement shall be lapped 15 24 inches (381 610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.
Where the ABW is installed at the first story of two-story buildings, the wood structural panel sheathing shall be provided on both faces, three anchor bolts shall be placed at one-quarter points and tie-down device uplift capacity shall be not less than 3,000 pounds (13 344 N).
SECTION IA-83. Figure 2308.6.5.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
SECTION IA-84. Section 2308.6.5.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
2308.6.5.2 Portal frame with hold-downs (PFH). A PFH shall be constructed in accordance with this section and Figure 2308.6.5.2. The adjacent door or window opening shall have a full- length header.
In one-story buildings, each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 190 of 818
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74 a single layer of 3/8-inch (9.5 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure 2308.6.5.2. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports and in accordance with Figure 2308.6.5.2. The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure 2308.6.5.2.
A built-up header consisting of at least two 2-inch by 12-inch (51 mm by 305 mm) boards, fastened in accordance with Item 26 of Table 2304.10.2 shall be permitted to be used. A spacer, if used, shall be placed on the side of the built-up beam opposite the wood structural panel sheathing. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than 6 feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1,000 pounds (4,400 N) shall fasten the header to the inner studs opposite the sheathing. One anchor bolt not less than 5/8 inch (15.9 mm) diameter and installed in accordance with Section 2308.3.1 shall be provided in the center of each sill plate. The studs at each end of the panel shall have a hold-down device fastened to the foundation with an uplift capacity of not less than 3,500 pounds (15 570 N).
Where a panel is located on one side of the opening, the header shall extend between the inside face of the first full-length stud of the panel and the bearing studs at the other end of the opening. A strap with an uplift capacity of not less than 1,000 pounds (4400 N) shall fasten the header to the bearing studs. The bearing studs shall also have a hold-down device fastened to the foundation with an uplift capacity of not less than 1,000 pounds (4400 N). The hold-down 191 of 818
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75 devices shall be an embedded strap type, installed in accordance with the manufacturer’s recommendations. The PFH panels shall be supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing or turned-down slab edge is permitted at door openings in the braced wall line. This continuous footing or turned-down slab edge shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped not less than 15 24 inches (381 610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.
Where a PFH is installed at the first story of two-story buildings, each panel shall have a length of not less than 24 inches (610 mm).
SECTION IA-85. Figure 2308.6.5.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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76 SECTION IA-86. Section 2308.6.8.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
2308.6.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.
Exception: For structures with a maximum plan dimension not more than 50 feet (15,240 mm), continuous foundations are required at exterior walls only for structures assigned to seismic design category A, B or C.
For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.1.1.
Exceptions:
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77 1. Exterior braced wall panels shall be permitted to be located not more than 4 feet (1,219 mm) from the foundation below where supported by a floor constructed in accordance with all of the following:
1.1 Cantilevers or setbacks shall not exceed four times the nominal depth of the floor joists.
1.2 Floor joists shall be 2 inches by 10 inches (51 mm by 254 mm) or larger and spaced not more than 16 inches (406 mm) on center.
1.3 The ratio of the back span to the cantilever shall be not less than 2 to 1.
1.4 Floor joists at ends of braced wall panels shall be doubled.
1.5 A continuous rim joist shall be connected to the ends of cantilevered joists. The rim joist is permitted to be spliced using a metal tie not less than 0.058 inch (1.47 mm) (16 galvanized gage) and 1 ½ inches (38 mm) in width fastened with six 16d common nails on each side. The metal tie shall have a yield stress not less than 33,000 psi (227 MPa).
1.6 Joists at setbacks or the end of cantilevered joists shall not carry gravity loads from more than a single story having uniform wall and roof loads nor carry the reactions from headers having a span of 8 feet (2,438 mm) or more.
2. The end of a required braced wall panel shall be allowed to extend not more than 1 foot (305 mm) over an opening in the wall below. This requirement is applicable to braced wall panels offset in plane and braced wall panels offset 194 of 818
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78 out of plane as permitted by Exception 1. Braced wall panels are permitted to extend over an opening not more than 8 feet (2,438 mm) in width where the header is a 4-inch by 12-inch (102 mm by 305 mm) or larger member.
SECTION IA-87. Section 2308.6.9 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.6.1 or 2304.10.2. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.
Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.
All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inches (6096 mm) intervals along the top plate of discontinuous vertical framing.
SECTION IA-88. Section 3101.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
3101.1 Scope. The provisions of this chapter shall govern special building construction including membrane structures, temporary structures, pedestrian walkways and tunnels, automatic vehicular gates, awnings and canopies, marquees, signs, towers, antennas, relocatable buildings, swimming pool enclosures and safety devices, solar energy systems, public use 195 of 818
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79 restroom buildings on publicly owned lands in flood hazard areas and intermodal shipping containers.
SECTION IA-89. Section 3102.2.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3102.2.3 Membrane Structures Used as Shade Covers for Specific Uses. A membrane structure less than 20 feet (6096 mm) above grade may be installed as a shade cover at carwash drying areas and auto detailing areas or over playground equipment subject to the following requirements:
1. The structure shall be on grade.
2. The structure shall maintain a minimum fire separation distance of five feet from property lines.
3. The membrane shall be State Fire Marshal approved fire retardant fabric.
4. The membrane support structures shall be non-combustible.
5. Maintenance record shall be presented to the Fire Department during routine inspections and available at all times to show that the membrane material is less than 8 years old.
6. These structures are not required to be protected by an automatic fire sprinkler system.
For those cases which may affect fire or life safety in buildings regulated by the State Fire Marshall, the building official shall obtain the concurrence of the fire code official if related to fire protection systems, egress, fire department access or water supply.
SECTION IA-90. Section 3102.6.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3102.6.2 Membrane less than 20 feet (6096 mm). A noncombustible membrane less than 20 feet (6096 mm) above any floor, balcony or gallery shall be permitted for use as the roof or as a skylight 196 of 818
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80 of any building or atrium of a building of any type of construction and shall meet all of the following requirements:
1. A fire protection report may be required by the building official or fire official based on the fuel loads and ignition sources below the membrane.
2. The membrane shall be a minimum of 10 feet (3048 mm) above any floor, balcony or gallery and shall have a minimum separation distance as required by the fire protection report and no less than 10 feet (3048 mm) above any fuel load or ignition source below the membrane.
3. The membrane shall be State Fire Marshal approved fire retardant fabric.
4. The membrane structure shall be a free standing, self supporting structure.
5. The membrane structure and all supports shall be non combustible.
6. The applicant shall enter into a Covenant and Agreement with the City of Glendale regarding the maintenance and replacement of the membrane.
7. A maintenance record of the membrane and membrane structure shall be provided on site by the property owner, and shall be provided to the fire department during annual inspections and/or upon request by the fire department.
8. The applicant shall apply for a building permit to replace the membrane every eight years.
SECTION IA-91. Section 3109.4.4.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
3109.4.4.2 Construction permit; safety features required. Commencing January 1, 2007, except as provided in Section 3109.4.4.5, whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least one of the following seven drowning prevention safety features:
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81 1. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 3109.4.4.3.
2. The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
3. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F 1346.
4. The residence shall be equipped with exit alarms on those doors providing direct access to the pool.
5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor.
6. Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 “Standards Specification for Pool Alarms” which includes surface motion, pressure, sonar, laser and infrared type alarms.
For purposes of this article, “swimming pool alarms” shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water. Due to topographical conditions, swimming pool alarms will be accepted by the Building Official only on a case-by-case basis.
7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-4, and have been independently 198 of 818
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82 verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASME).
Prior to the issuance of any final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention devices required by this act and if no violations are found, shall give final approval.
Authority: Health and Safety Code Section 18942(b)
Reference: Health and Safety Code Section 115922
AB 3305 (Statutes 1996, c.925); AB 2977 (Statutes 2006, c.478); AB 382 (Statutes 2007, c.596) SECTION IA-92. Section 3109.4.4.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
3109.4.4.3 Enclosure; required characteristics. An enclosure shall have all of the following characteristics.
1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self –latching device placed no lower than 60 inches (1524 mm) above the ground.
2. A minimum height of 60 inches (1524 mm).
3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51mm).
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter.
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83 5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.
6. When an ascending slope adjacent to a pool enclosure exceeds 45° from the horizontal the entire pool enclosure shall extend into the slope a minimum of 24 inches. The height of such extension shall be a minimum of 5 feet (1529 mm) measured perpendicular to the slope.
Authority: Health and Safety Code Section 18942 (b)
Reference: Health and Safety Code Section 115923
Ab 3305, Statutes 1996, c.925
SECTION IA-93. Section 3115 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
3115.1 General. The provisions of Section 3115 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.
Exceptions:
1. Intermodal shipping containers previously approved as existing relocatable buildings complying with Chapter 14 of the California Existing Building Code.
2. Stationary battery storage arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.
3. Intermodal shipping containers that are listed as equipment complying with t he standard for equipment, such as air chillers, engine generators, modular data centers, and other similar equipment.
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84 4. Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3115, provided they comply with all of the following:
4.1. Such units will be single stand- alone units supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5.
4.2. Such units are located a minimum of 8 feet (2438 mm) fr om adjacent structures, and are not connected to a fuel gas system or fuel gas utility.
4.3. In hurricane-prone regions and flood hazard areas, such units are designed in accordance with the applicable provisions of Chapter 16.
5. [HCD] Shipping containers constructed or converted off -site that meet the definition of Factory -built Housing in Health and Safety Code Section 19971 or Commercial Modular(s) as defined in Health and Safety Code Section 18001.8 shall be approved by the Department of Housing and Community Development.
6. Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3115. 3115.2 Construction documents. The construction documents shall contain information to verify the dimensions and establish the physical properties of the steel components and wood floor components of the intermodal shipping container, in addition to the information required by Sections 107 and 1603.
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85 3115.3 Intermodal shipping container in formation. Intermodal shipping containers shall bear an existing data plate containing the following information as required by ISO 6346 and verified by an approved agency. A report of the verification process and findings shall be provided to the building owner.
1. Manufacturer’s name or identification number.
2. Date manufactured.
3. Safety approval number.
4. Identification number.
5. Maximum operating gross mass or weight (kg) (lbs).
6. Allowable stacking load for 1.8G (kg) (lbs).
7. Transverse racking test force (Newtons).
8. Valid maintenance examination date.
Where approved by the building official, the markings and existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures. 3115.4 Protection against decay and termites. Wood structural floors of intermodal shipping containers shall be protected from decay and termites in accordance with the applicable provisions of Section 2304.12.1.1.
3115.5 Under-floor ventilation. The space between the bottom of the floor joists and the earth under any intermodal shipping container, except spaces occupied by basements and cellars, shall be provided with ventilation in accordance with Section 1202.4. 3115.6 Roof as semblies. Intermodal shipping container roof assemblies shall comply with the applicable requirements of Chapter 15.
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86 Exception: Single- unit, stand- alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures. 3115.7 Joints and voids. Joints and voids that create concealed spaces between connected or stacked intermodal shipping containers that are connected or stacked , at fire -resistance-rated walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be protected by an approved fire-resistant joint system in accordance with section 715 3115.8 Structural. Intermodal shipping containers that conform to ISO 1496 -1 and are repurposed for use as buildings o r structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section. 3115.8.1 Foundations. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through 23. 3115.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16. 3115.8.2 Welds. New welds and connections shall be equal to or greater than the original connections.
3115.8.3 Structural design. The structural design of the intermodal shipping containers repurposed for use as a building or structure, or as part of a building or structure, shall comply with Section 3115.8.4 or 3115.8.5.
3115.8.4 Detailed design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.
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87 Exception: Intermodal shipping containers designed in accordance with Section 3115.8.5.
3115.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be established by material testing where the steel grade and composition cannot be identified by the manufacturer’s designation as to manufacture and mill test.
3115.8.4.2 Seismic design parameters. The seismic force- resisting system shall be designed and detailed in accordance with one of the following:
1. Where all or portions of the corrugated steel container sides are considered to be the seismic force- resisting system , design and detailing shall be in accordance with the ASCE 7, Table 12.2-1 requirements for light-frame bearing-wall systems with shear panels of all other materials.
2. Where portions of corrugated steel container sides are retained, but are not considered to be the seismic force-resisting system, an independent seismic force- resisting system shall be selected, designed and detailed in accordance with ASCE 7, Table 12.2-1, or
3. Where portions of the corrugated steel container sides are retained and integrated into a seismic force -resisting system other than as permitted by Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7, Section 12.2.1.1 or 12.2.1.2. 3115.8.4.3 Allowable shear value. Th e allowable shear values for the intermodal shipping container corrugated steel sheet panel side walls and end walls shall be demonstrated by testing and analysis in accordance with Section 104.11. Where 204 of 818
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88 penetrations are made in the side walls or end walls designated as part of the lateral force- resisting system, the penetrations shall be substantiated by rational analysis. 3115.8.5 Simplified structural design procedure of single -unit containers. Single- unit intermodal shipping containers conforming to the limitations of Section 3115.8.5.1 shall be permitted to be designed in accordance with the simplified structural design provisions of Sections 3115.8.5.2 and 3115.8.5.3.
3115.8.5.1 Limitations. Use of Section 3115.8.5 is subject to all the following limitations:
1. The intermodal shipping container shall be a single- unit, single stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure.
2. T he intermodal shipping container ’s top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner.
3. The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom.
4. The intermodal shipping container shall be located in Seismic Design Category A, B, C or D.
3115.8.5.2 Structural design. Where permitted by Section 3115.8.5.1, single unit, single-unit stand- alone intermodal shipping containers shall be designed using the following assumptions for the corrugated steel shear side walls and end walls:
1. The appropriate detailing requirements contained in Chapters 16 through 23.
2. Response modification coefficient, R = 2,
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89 3. Over strength factor, Ω0 = 2.5,
4. Deflection amplification factor, Cd = 2, and
5. Limits on structural height, hn = 9.5 feet (2900 mm). 3115.8.5.3 Allowable shear value. The allowable shear values for the corrugated steel intermodal shipping container side walls (longitudinal) and e nd walls (transverse) for wind design and seismic design using the coefficients of Section 3115.8.5.2 shall be in accordance with Table 3115.8.5.3, provided that all of the following conditions are met:
1. T he total linear length of all openings in any indivi dual side wall s or end wall s shall be limited to not more than 50 percent of the length of that side walls or end walls, as shown in Figure 3115.8.5.3(1).
2. Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force- resisting system, as shown in Figure 3115.8.5.3(2).
3. All side walls or end walls used as part of the lateral force- resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3115.8.5.3(3).
4. A maximum of one penetration not greater than a 6- inch (152 mm) diameter hole f or conduits, pipes, tubes or vents, or not greater than16 square inches (10 322mm
2) for electrical boxes, is permitted for each individual 8 feet length (2438 mm) lateral force resisting wall. Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. 206 of 818
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90 Existing intermodal shipping container’s vents shall not be considered a penetration, as shown in Figure 3115.8.5.3(4).
5. End wall door or doors designated as part of the lateral f orce-resisting system shall be welded closed.
TABLE 3115.8.5.3
ALLOWABLE SHEAR VALUES FOR INTERMODAL SHIPPING CONTAINER
SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING
CONTAINER
DESIGNATION 2
CONTAINER
DIMENSION
(Nominal Length)
CONTAINER
DIMENSION
(Nominal Height)
ALLOWABLE SHEAR VALUES
(PLF) 1,3
Side Wall End Wall
1EEE 45 feet (13.7 M) 9.5 feet (2896 mm) 75
843
1EE 8.6 feet (2591 mm)
1AAA
40 feet (12.2 M)
9.5 feet (2896 mm)
84 1AA 8.5 feet (2592 mm)
1A 8.0 feet (2438 mm)
1AX <8.0 feet (2483 mm)
1BBB
30 feet (9.1 M)
9.5 feet (2896 mm)
112 1BB 8.5 feet (2591 mm)
1B 8.0 feet (2438 mm)
1BX <8.0 feet (2438 mm)
1CC
20 feet (9.1 M)
8.5 feet (2591 mm)
168 1C 8.0 feet (2438 mm)
1CX <8.0 feet (2438 mm)
1. The allowable strength for the side walls and end walls of the intermodal shipping containers are derived from ISO 1496- 1 and reduced by a factor of safety of 5.
2. Container designation type is derived from ISO 668.
3. Limitations of Sections 3115.8.5.1 and 3114.5.5.3 shall apply.
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91 FIGURE 3115.8.5.3(1)
Bracing Unit Distribution – Maximum Linear Length
FIGURE 3115.8.5.3(2)
Bracing Unit Distribution – Minimum Linear Length
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92 FIGURE 3115.8.5.3(3)
Bracing Unit Distribution – Boundary Elements
FIGURE 3115.8.5.3(4)
Bracing Unit Distribution – Penetrating Limitations
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93 SECTION IA-94. Section 3202.1.2.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3202.1.2.1 Change of use/occupancy. Change of use or occupancy of existing encroachment into the public right-of-way shall comply with the following:
1. A structural review by a state licensed professional to evaluate the structure and its attachments (e.g. light fixtures or false ceilings) that they do not fall on the occupants if construction work or any other activities are performed above the occupied space within the public right-of-way.
2. The property owner shall enter into a Covenant and Agreement with the City to indemnify, defend and hold harmless the City of Glendale, its officers, agents, employees and representatives, from and against any and all liability, suits, actions, proceedings, judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless of whether the allegations are false, fraudulent or groundless), costs and expense (including attorney’s fees litigation, arbitration, mediation, appeal expenses) as a condition of approval to change the use of the space within public right-of-way from storage use to other use.
SECTION IA-95. Section 3202.3.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
3202.3.2 Windows, balconies, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 8 feet (2438 mm), 1 inch (25 mm) of encroachment is 210 of 818
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94 permitted for each additional 1 inch (25 mm) of clearance above 8 feet (2438 mm), but the maximum encroachment shall be 4 feet (1219 mm).
SECTION IA-96. Section 3203 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION 3203
PROJECTIONS INTO ALLEYS
3203.1 Projections into alleys. No part of any structure or any appendage thereto shall project into any alley.
Exception: Footings located at least 8 feet (2438 mm) below grade may project not more than 12” (305 mm).
SECTION IA-97. Section 3303.8 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3303.8 Storm water drainage and retention during demolition. Projects which disturb less than one acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, shall manage storm water drainage during construction in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.2.
SECTION IA-98. Section 3306.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
3306.2 Walkways. A walkway shall be provided for pedestrian travel in front of every construction and demolition site unless the applicable governing authority authorizes the sidewalk to be fenced or closed. Walkways shall be of sufficient width to accommodate the pedestrian traffic, but in no case shall they be less than 4 5 feet (1219 1524 mm) in width.
Walkways shall be provided with a durable walking surface. Walkways shall be accessible in 211 of 818
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95 accordance with Chapter 11A or 11B as applicable, and shall be designed to support all imposed loads and in no case shall the design live load be less than 150 pounds per square foot (psf) (7.2 kN/m²).
SECTION IA-99. Section 3306.9.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3306.9.1 Shoring. The sidewalk and street shall be protected from caving and settlement by shoring conforming to the safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations.
SECTION IA-100. Section 3306.10 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3306.10. Protection of sidewalk excavations. Permits must be secured from the director of public works in accordance with the provisions of the Glendale Municipal Code for making an excavation within a public street, sidewalk, parkway or public property. When any portion of a public sidewalk is to be excavated, the holder of the permit shall construct a substantial temporary walkway not less than five (5) feet (1524 mm) in width for pedestrian travel over the areas to be excavated or around the same.
SECTION IA-101. Section 3306.11 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3306.11. Protection of Obstructions. No person excavating, refilling or obstructing any public sidewalk, street, alley or roadway in the city shall fail or neglect to place barriers at each end and at all necessary places along any such excavations or obstructions to prevent accidents and no such person shall fail or neglect to display and maintain amber lights from sunset to sunrise at each end and at all necessary places along any such excavation or obstructions run across or 212 of 818
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96 substantially across any sidewalk, street, alley, or roadway, such amber lights at such places shall be placed not more than five (5) feet (1524 mm)apart. If, in any case, the director of public works shall designate any particular locations for barriers or require additional light, such barriers or lights shall be placed and maintained at those locations designated. If any permittee fails to perform the duties herein before defined, the director of public works may cause the same to be performed, at the expense of the permittee, or if a deposit has been made pursuant to the Glendale Municipal Code, 1995, then the expense of such performance may be deducted there from to the extent said deposit is sufficient, and if insufficient, then the remaining amount may be charged against the permittee.
SECTION IA-102. Section 3308.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3308.3 Street Use Permits.
3308.3.1 Permits generally. No person shall use or occupy or obstruct any portion of any sidewalk, street, alley or roadway for storing materials for building purposes, for mixing concrete or mortar, or for any purpose incidental thereto, or for the construction of walkways, fences or canopies in accordance with the provisions of this code, unless a street use permit has been first obtained from the director of public works to do so, and at least one-half of the width of the sidewalk , or a width to be designated by the director of public works of the street, alley or roadway is at all times kept free and clear of all obstructions. 3308.3.2 Street use permit to be posted. The street use permit required by this Section 3308.3 shall at all times during such use, occupancy or obstruction, be conspicuously posted on or near the sidewalk, street, alley or roadway used, occupied or obstructed. 213 of 818
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97 3308.3.3 Term of permit; removal of obstructions. Any permit required by this Section 3308.3 shall be granted for not longer than sixty (60) days. Upon completion of the work, all such obstructions shall be removed, all damages caused thereby repaired and the street and sidewalk restored to their original condition to the satisfaction of the director of public works. If any permittee fails or neglects to so remove, repair and restore within three (3) days after being notified by the director of public works in person or by letter, the director of public works may cause such removal, repairs and restoration to be done at the expense of the permittee. 3308.3.4 Application for street use permits. All applications for street use permits required by this Section 3308.3 shall be in writing and made to the building and safety division and shall be in writing and shall be accompanied by a fee for services provided hereunder which shall be established or modified by resolution of the City Council. The schedule for such fees shall remain on file and be available in the office of the traffic and transportation administrator.
SECTION IA-103. Section 3308.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
3308.4 Mixing Mortar on Public Property. The mixing or handling of mortar, concrete or other material on public property, when authorized by the director of public works under a street use permit issued under Section 3308.3 of this Code, shall be done in a mechanical mixer or in a tight box in such a manner as to prevent dripping or splashing on public property.
SECTION IA-104. Appendix F, RODENTPROOFING, of the California Building Code, 2022 edition, published and copyrighted by the International Code Council and California Building Standards Commission is hereby adopted into Volume 1A of the Glendale Building and Safety Code, 2023, by reference and by such reference is incorporated herein as if fully set forth. 214 of 818
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98 SECTION IA-105. Appendix I, PATIO COVERS, of the California Building Code, 2022 edition, published and copyrighted by the International Code Council and the California Building Standards Commission is hereby adopted into Volume 1A of the Glendale Building and Safety Code, 2023, by reference, as further amended herein, into the Glendale Building and Safety Code 2017, and by such reference, is incorporated herein as if fully set forth.
SECTION IA-106. Appendix I, Section I105.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
I105.1 Design loads. Patio covers shall be designed and constructed to sustain, within the stress limits of this code , all dead loads plus a minimum vertical live load of 10 pounds per square foot (0.48 lN/m
2) except that snow loads shall be used where such snow loads exceed this minimum. Such patio covers shall be designed to resist the minimum wind and seismic loads set forth in this code. Solar energy systems shall not be installed on patio covers designed by this Section.
SECTION IA-107. Appendix J, GRADING, of the California Building Code, 2022 edition, published and copyrighted by the International Code Council, is hereby adopted into Volume 1A of the Glendale Building and Safety Code, 2023, by reference, as further amended herein, into the Glendale Building and Safety Code, 2023, and by such reference, is incorporated herein as if fully set forth.
SECTION IA-108. Appendix J Section J101.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments and the control of grading site runoff, including erosion sediments and construction-related pollutants. Where conflicts occur between the 215 of 818
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99 technical requirements of this chapter and the geotechnical report, the geotechnical report more restrictive requirement shall govern.
SECTION IA-109. Appendix J Section J101.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J101.3 Hazards.
1. Whenever the building official determines that any land or any existing excavation or fill has, from any cause, become a menace to life or limb, or endangers public or private property, or adversely affects the safety, use or stability of public or private property, the owner or other person in legal control of the property concerned shall, upon receipt of a written notice thereof from the building official, correct such condition in accordance with the provisions of this appendix and the requirements and conditions set forth in the notice so as to eliminate such condition. The owner or other person in legal control of the property shall immediately comply with the provisions set forth in the notice and shall complete the work within 180 days from the date of the notice unless a shorter period of time for completion has been specified in the notice in which case the owner shall comply with the shorter period of time. Upon written application and good cause shown, the building official may approve the request for an extension of time to complete the work required by the notice.
2. If the above condition is not eliminated within the specified time period, the building official may file with the Office of the Los Angeles County Recorder a certificate stating that the property is deemed substandard and that the owner thereof has been so notified to correct the substandard condition. Said certificate shall specify the conditions creating the substandard classification.
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3. When the above conditions have been corrected to the satisfaction of the building official, upon receiving a sixty-dollar fee from the owner or his agent, the building official shall file with the Office of the Los Angeles County Recorder, within a reasonable period of time, a certificate specifying that the conditions creating the substandard classification have been corrected and that the property is no longer considered substandard.
SECTION IA-110. Appendix J Section J101.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J101.4 Safety precautions.
1. General.
(a) If at any stage of work on an excavation or fill, the building official determines that the work has become or is likely to become dangerous to any person, or is likely to endanger any property, public or private, the building official shall be authorized to require safety precautions to be immediately taken by the property owner as a condition to continuing such permitted work or to require cessation thereof forthwith unless and until it is made safe and to amend the plans for such work. (b) Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope or construction of additional drainage facilities, berms, terracing, compaction, cribbing, retaining walls or buttress fills, slough walls, desilting basins, check dams, benching, wire mesh and guniting, rock fences, revetments or diversion walls.
(c) Upon the determination of the building official that such safety precautions during grading are necessary, the building official shall provide a notice and order to the permittee to implement same. After receiving such notice, oral or written, it is 217 of 818
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unlawful for the permittee or any person to proceed with such work contrary to such order.
2. Hillside Areas. For the purposes of this appendix, hillside areas shall include all property designated as “mountainous terrain” pursuant to Article 16.08.270 of the Glendale Municipal Code, 1995. Except as specifically excepted in this appendix, no person shall conduct any grading operation in hillside areas unless such operations are for building site development or another use for which the permittee has obtained an entitlement prior to applying for a grading permit.
Exception: Grading which is not connected with building site development may be conducted in hillside areas only when the applicant demonstrates to the satisfaction of the building official, that such work does all of the following:
enhances the physical stabilization of the affected property; is not detrimental to public health, safety or welfare; and is in conformity with the approved master plan for the area, if such master plan exists. A tentative tract or division of land map shall not be required for such exempt grading.
3. Removal of Ground Cover.
(a) The existing vegetative ground cover of any watershed in any hillside area shall not be destroyed, removed or damaged except for routine maintenance pursuant to lawful grading, use or occupancy of the property or to clear hazardous vegetation near structures and roads in areas designated as Wildland Urban Interface Fire Areas (also known as High Fire Hazard Areas) pursuant to this code. (b) Except for indigenous trees as regulated by Chapter 12.44 of the Glendale Municipal Code, 1995, and as that chapter may subsequently be amended, removal of trees and 218 of 818
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shrubbery may be permitted where such work will not cause erosion, slope failure, or will not unduly disturb the turf, sod or other existing vegetative ground cover.
Whenever such groundcover is removed or damaged pursuant to a validly issued grading permit, the permittee shall restore and maintain the affected area with an approved ground cover, or shall accomplish such other erosion control protection measures as may be approved by the building official. Such erosion control shall be completed within thirty days after cessation of the grading work or other work pursuant to a validly issued building permit.
4. Maintenance of Protective Devices. All devices used to protect hillside areas from erosion or landslide damage including, but not limited to, retaining walls, cribbing, terracing, surface and subsurface drainage structures, interceptor drains, check dams, and riprap shall be maintained in good condition and repair as approved by the building official at the time of completion of construction thereof.
SECTION IA-111. Appendix J Section J101.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J101.5 Protection of utilities. The owner and permittee of any property on which grading has been performed and that requires a grading permit under Section J103 shall be responsible for the prevention of damage to any public utilities or services.
SECTION IA-112. Appendix J Section J101.6 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J101.6 Protection of adjacent property. The owner and permittee of any property on which grading has been performed and that requires a grading permit under Section J103 is responsible for the prevention of damage to adjacent property and no person shall excavate on land 219 of 818
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sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage that might result. Special precautions approved by the building official shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage courses.
SECTION IA-113. Appendix J Section J101.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J101.7 Storm water control measures. The owner and permittee of any property on which grading has been performed and that requires a grading permit under Section J103 shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud, debris and construction-related pollutants originating from the site during, and after, grading and related construction activities. Furthermore, the owner and permittee shall be responsible for putting into effect and maintaining appropriate measures necessary to prevent any change in cross-lot surface drainage that may adversely affect any adjoining property as a result of grading and/or construction-related activities. Such measures to prevent any adverse cross-lot surface drainage effects on adjoining property shall be required whether shown on approved grading plans or not.
SECTION IA-114. Appendix J Section J101.8 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J101.8 Conditions of approval. In granting any permit under this code, the building official may include such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
1. Improvement of any existing grading to comply with the standards of this code. 220 of 818
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2. Requirements for fencing of excavations or fills which would otherwise be hazardous.
SECTION IA-115. Appendix J Section J101.9 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J101.9 Rules and regulations.
J101.9.1 Rules. The permissive provisions of this chapter shall not be presumed to waive any regulations imposed by other statutes or other ordinances of the State of California or the City of Glendale.
J101.9.2 Regulations. If two or more pertinent regulations are not identical, those regulations shall prevail which are more restrictive or which afford greater safety to life, limb, health, property or welfare. For the purposes of these regulations, grading permits shall be considered as building permits and shall be subject to the administrative provisions of this code, unless otherwise specifically provided for in this chapter.
SECTION IA-116. Appendix J Section J102 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
SECTION J102
DEFINITIONS
J102.1 Definitions. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of the California Building Code for general definitions.
BENCH. A relatively level step excavated into earth material on which fill is to be placed.
BEST MANAGEMENT PRATICE (BMP). A stormwater pollution mitigation measure that is required to be employed in order to comply with the requirements of the NPDES permit issued to the County of Los Angeles, and as that permit may be subsequently amended. 221 of 818
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COMPACTION. The densification of a fill by mechanical means.
CUT. See “Excavation.”
DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.
EROSION. The wearing away of the ground surface as a result of the movement of wind, water or ice.
EXCAVATION. The removal of earth material by artificial means, also referred to as a cut.
FILL. Deposition of earth materials by artificial means.
GRADE. The vertical location of the ground surface.
GRADE, EXISTING. The grade prior to grading.
GRADE, FINISHED. The grade of the site at the conclusion of all grading efforts.
GRADING. An excavation or fill or combination thereof.
KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope.
SLOPE. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SLOPE FAILURE means the slippage, instability, slide or loss of earth material from a slope for any reason. Class I slope failures involve bedrock. Class II slope failures involve soil above but not including bedrock. Class III slope failures involve only surficial problems with no involvement of bedrock.
STORM WATER POLLUTION PREVENTION PLAN. A site drawing with details, notes, and related documents that identify the measures proposed by the permittee to: (1) control erosion and prevent sediment and construction-related pollutants from being carried offsite by stormwater, and (2) prevent non-stormwater discharges from entering the storm drain system. 222 of 818
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TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.
SECTION IA-117. Appendix J Section J103.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the building official. A grading permit does not include the construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any engineered grading as described in Appendix J Section J104 shall be performed by a contractor licensed by the State of California to perform the work described hereon. Regular grading less than 5,000 cubic yards may require a licensed contractor if the building official determines that special conditions or hazards exist.
SECTION IA-118. Appendix J Section J103.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J103.2 Exemptions. A grading permit shall not be required for the following:
1. When approved by the building official, grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.
2. E
xcavation for construction of a structure permitted under this code where the excavation is limited to within the volume of the proposed structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
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6. Mining, quarrying, excavating, processing or stockpiling rock, sand, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil and adjoining properties.
7. Exploratory excavations performed under the direction of a registered professional. soils engineer or engineering geologist. This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must not create a hazardous condition to adjacent properties or the public in accordance with Section J101.3.
Exploratory excavations must be restored to existing conditions, unless approved by the building official.
8. An excavation that does not exceed 50 cubic yards (38.3 m 3) and complies with one of the following conditions:
(1) is less than 2 feet (0.6 m) in depth.
(2) does not create a cut slope greater than 5 feet (1.5 m) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical (50 percent slope).
9. A fill not intended to support a structure, that does not obstruct a drainage course and complies with one of the following conditions:
(a) is less than 1 foot (0.3 m) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to 1 unit vertical (20 percent slope). (b) is less than 3 feet (0.9 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 50 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).
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(c) is less than 5 feet (1.5 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 20 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).
Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
FIGURE J103.2
SECTION IA-119. Appendix J Section J103.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J103.3 Unpermitted grading. A person shall not own, use, occupy or maintain any site containing unpermitted grading. For the purposes of this code, unpermitted grading shall be defined as the following:
1. Grading that was performed, at any point in time, without the required permit(s) having first been obtained from the building official, pursuant to Section J103.1. 225 of 818
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2. Grading that was permitted and the work was not completed pursuant to Section J105 and the grading permit has expired pursuant to Chapter 1 Division II Section [A] 105.5.
SECTION IA-120. Appendix J Section J103.4 of Volume IA of the Glendale Building and Safety Code, 2023, regarding grading fees, is hereby added to read as follows:
J103.4 Grading fees.
1. Fees for grading plan check and for grading permits shall be established or modified by resolution of the city council. The schedule of such fees shall remain on file and be available in the office of the building official. The building official shall, with the approval of the city manager, recommend changes to the council when the costs to provide grading plan check and grading inspection services make it appropriate.
2. The applicant shall pay a plan check fee prior to acceptance of grading plans and specifications for checking by the city. The plan check fee shall be based on the total volume of the excavation and fill, on the site. The grading plan check fee shall be recalculated each time the grading plan volume of excavation and fill exceeds the volume used to determine the original plan check fee, and the applicant shall pay the difference between the revised and original fee before the revised grading plans are accepted for review by the city. The original grading plan check fee includes the cost to the applicant for the original submittal plus two additional submittals of corrected grading plans and specifications. When required by the building official, the applicant shall pay a supplemental grading plan check fee in accordance with the fee resolution established by the city council.
3. Whenever the applicant submits a grading plan for plan check that is substantially different in design of the earthwork as compared to previously submitted grading plans, 226 of 818
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the submittal shall be considered an original and a new grading plan check fee shall be determined and paid to the city as provided in this section.
4. The applicant shall pay a grading permit fee prior to the issuance of a grading permit by the city. The fee shall be based on the total volume of excavation and fill, on the site. If, during grading operations, the plans and specifications for the grading project are revised increasing the volume of excavation, fill, or a combination thereof above the volume that was used to determine the grading permit fee, the applicant shall pay to the city the difference between the original grading permit fee and the recalculated fee before work may resume under the grading permit.
5. Whenever grading operations are commenced without an approved grading permit, a penalty shall be added to all unpaid fees for grading plan check and grading permits. The penalty shall be three hundred percent of all fees due the city.
SECTION IA-121. Appendix J Section J103.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J103.5 Bonds and insurance.
J103.5.1 Bonds – General.
1. Whenever an application for a grading permit is filed for the excavation or fill of one hundred cubic yards (76 m3) or more in hillside areas and five hundred cubic yards (382 m3) or more in other areas, the nature of the work regulated by this chapter is such that if left incomplete it will create a hazard to human life or endanger adjoining property, or property at a higher or lower level, or any street or street improvement or any other public property, the building official may, before issuing the grading permit, require the applicant to guarantee faithful performance and payment of labor and material in an 227 of 818
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amount determined by the building official, not less than fifty percent nor more than one hundred percent of the total estimated cost of work, including corrective work necessary to remove and eliminate geologic hazards by one of the methods provided by this section.
2. An additional cash deposit may be required by the building official in the form of a cash bond sufficient to cover the cost of site cleanup and debris removal if determined by the building official that it is warranted.
3. Where grading is required on property adjacent to the grading site under permit to complete a project satisfactorily, the owner of such adjacent property need not provide additional performance bond if the original is of sufficient amount to include such additional grading.
4. Each bond and agreement for grading shall be effective upon the date of filing of application and shall remain in effect until the work authorized by the grading permit is completed and approved by the building official.
5. Installment refunds. When a substantial portion of the required grading work has been completed to the satisfaction of the building official, and when the completion of the remaining grading work, site development or planting is delayed, the building official may accept the completed portion of the grading work and consent to the proportionate reduction of the bond to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. Only one such reduction shall be considered for each bond posted.
J103.5.2 Performance bonds.
1. A guarantee of faithful performance for grading and improvement projects, when required by this chapter, shall be provided by one of the following methods:
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a. Surety bond. In the case the amount determined by the building official is in excess of $10,000, a bond shall be executed by the applicant, as principal, and a corporate surety authorized to do business in the state of California, as surety, in a form furnished by the building official and approved by the city attorney; b. Cash bond. A cash deposit with the city;
c. Instrument of credit and agreement. An instrument or instruments of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and an agreement that the funds designated by the instrument shall become trust funds for the purpose of and in an amount determined by the building official not less than fifty percent nor more than one hundred percent of the total estimated cost of the work, including corrective work necessary to remove and eliminate the agreement shall first be approved by the city attorney.
J103.5.3 Performance bond defaults.
A. Whenever the building official shall find that a default has occurred in the performance of any term or condition of any grading or construction permit, written notice of the fact of default thereof shall be given to the principal and to the corporate surety, financial institution or the depositor, stating the work to be done, and the period of time deemed by the building official to be reasonably necessary for the completion of such work. Thirty days after the receipt of such notice the principal or the surety shall perform or cause the required work to be performed by commencing and diligently prosecuting such work to its completion; but if they or either or both of them should fail to commence such work 229 of 818
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within the thirty days or having so commenced such work fail, neglect or refuse to proceed diligently to complete the same within the time so specified in such notice, then the city may enter such premises and do such work and the cost and expense of so doing the work so specified shall be the obligation of the principal and such surety and shall be a part of the terms of the performance bond in consideration of the issuance of the grading permit.
B. If a cash bond has been posted, notice of default shall be given to the principal, and if such principal fails to cause the required work to be resumed as set forth in such notice within thirty days after receipt thereof, the building official shall proceed without delay and further notice or proceedings whatsoever to use the cash deposited, or any portion thereof, and cause the required work to be completed by such mode as the building official deems convenient. The balance of such cash deposit, if any, shall upon the completion of the work be returned to the depositor or the depositor’s successor or assigns after deducting ten percent thereof.
C. If an instrument of credit is used to guarantee performance, notice of default shall be given to the principal and to the financial institution issuing such instrument of credit, and if such principal fails to cause the required work to be resumed as set forth in such notice within thirty days after receipt thereof, the building official shall make a demand upon the financial institution for the payment of the estimated costs from the trust fund held by such financial institution pursuant to the agreement. Upon receipt of such sum, the building official shall proceed without delay and without further notice or proceedings whatsoever to use such sum, or any portion thereof, and cause the required work to be completed by such made as the building official deems convenient. The 230 of 818
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balance of such cash deposit, if any, shall upon the completion of the work be returned to the financial institution, its successors or assigns, after deducting ten percent thereof; but if such institution fails or refuses to pay over such sum then the building official shall look to such institution for the costs and expense of such work, and the contractual liability of such institution shall be a term or condition of its agreement.
J103.5.4 Contractor’s grading insurance – work done adjacent to public property.
Before issuing a grading permit for work being done adjacent to public property, the building official may require that the applicant, or his/her contractor, file a certificate and endorsement evidencing liability insurance satisfactory to the city attorney or risk manager. If required, such insurance shall provide coverage for damage to the city’s property and for the city’s liability and defense of claims for damages and suits for personal bodily injury and property damage, including but not limited to damage to the city arising out of the deposition, runoff or washing of materials, or any other damage to city property, which may arise from or out of the performance of the work, whether such performance be by such contractor, its subcontractors or any other person directly or indirectly employed by such contractor or subcontractors.
SECTION IA-122. Appendix J Section J104.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J104.2 Site Grading plan requirements. In addition to the provisions of Section 107, Chapter 1, Division II, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code.
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SECTION IA-123. Appendix J Section J104.2.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J104.2.1 Grading Designation. Grading in mountainous terrain, as identified in Section
16.08.270 of the Glendale Municipal Code, 1995, and all grading in excess of 5,000 cubic yards (3,825 m3) shall be performed in accordance with the approved grading plan prepared by a registered civil engineer, and shall be designated as “engineered grading.” Grading involving less than 5,000 cubic yards (3,825 m3) and not located in an area of mountainous terrain shall be designated as “regular grading” unless the permittee chooses to have the grading performed as engineered grading, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.
SECTION IA-124. Appendix J Section J104.2.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J104.2.2 Regular grading requirements. In addition to the provisions of Section 106, and Section 104.2, Chapter 1, Division II, an application for a regular grading permit shall be accompanied by two sets of plans in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan. If the slope of the grade exceeds 3 units horizontal to 1 unit vertical or as required by the building official, the plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications. The plan shall include the following information:
1. General vicinity of the proposed site.
2. Limits and depths of cut and fill.
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3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4.6 m) of the proposed grading.
4. Contours, flow areas, elevations, or slopes which define existing and proposed drainage patterns.
5. Storm water provisions in accordance with the requirements of Appendix J Section J111.
6. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and use restricted use areas.
7. Location of all Special Flood Hazard Areas as designated and defined in Title 44, Code of Federal Regulations.
SECTION IA-125. Appendix J Section J104.2.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J104.2.3 Engineered grading requirements. In addition to the provisions of Chapter 1 Division II, Section 107 and Appendix J Section J104.2, an application for an engineered grading permit shall be accompanied by three sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the building official. Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared.
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The plans shall include, but shall not be limited to, the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, proposed drainage channels, and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work. A map showing the drainage area and the estimated runoff of the area served by any drains shall also be provided.
5. Location of any existing or proposed buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4.6 m) of the property or that may be affected by the proposed grading operations.
6. Recommendations in the geotechnical engineering report and the engineering geology report shall be incorporated into the grading plans or specifications. When approved by the building official, specific recommendations contained in the geotechnical engineering report and the engineering geology report, that are applicable to grading, may be included by reference.
7. The dates of the geotechnical engineering and engineering geology reports together with the names, addresses, and telephone numbers of the firms or individuals who prepared the reports.
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8. A statement of the earthwork quantities of materials to be excavated and/or filled.
Earthwork quantities shall include quantities for geotechnical and geological remediation. In addition, a statement of material to be imported or exported from the site.
9. A statement of the estimated starting and completion dates for work covered by the permit.
10. A statement signed by the owner acknowledging that a field engineer, geotechnical engineer and engineering geologist, when appropriate, will be employed to perform the services required by this code, whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons be so employed. These acknowledgements shall be on a form furnished by the building official.
11. Storm water provisions are required to be shown on the grading plan in accordance with Appendix J Section J111.
12. A drainage plan for that portion of a lot or parcel to be utilized as a building site (building pad), including elevation of floors with respect to finish site grade and locations of existing and proposed stoops, slabs, fences or other features that may affect drainage.
13. Location and type of any existing or proposed private sewage disposal system.
14. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements.
15. Location of all recorded floodways.
16. Location of all Special Flood Hazard Areas as designated and defined in Title 44, Code of Federal Regulations.
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SECTION IA-126. Appendix J Section J104.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J104.3 Geotechnical engineering and engineering geology report. A geot echnical report prepared by registered design professionals shall be provided. The report shall contain at least the following:
1. The nature and distribution of existing soils;
2. Conclusions and recommendations for grading procedures;
3. Soil desig n criteria for any structures or embankments required to accomplish the proposed grading; and
4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology.
Geotechnical reports shall be required for all projects requiring a grading permit unless such report is determined unnecessary by the building official. Whenever a geotechnical report is required, the building official may require that such report be reviewed by a licensed professional and the cost associated with such review shall be required to be paid by the applicant.
The geotechnical engineering report required by Appendix J Section J104.2.3 shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by geotechnical engineering factors, including the stability of slopes. All reports shall conform with the requirements of this code and shall be subject to review by the building official. Supplemental reports and 236 of 818
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data may be required as the building official may deem necessary. Recommendations included in the reports and approved by the building official shall be incorporated in the grading plan or specifications. The engineering geology report required by Appendix J Section J104.2.3 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. The engineering geology report shall include a geologic map and cross sections utilizing the most recent grading plan as a base.
All reports shall conform with the requirements of this code and shall be subject to review by the building official. Supplemental reports and data may be required as the building official may deem necessary. Recommendations included in the reports and approved by the building official shall be incorporated in the grading plan or specifications.
Exception: A geotechnical engineering or engineering geology report is not required where the building official determines that the nature of the work applied for is such that a report is not necessary.
SECTION IA-127. Appendix J Section J104.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J104.4 Liquefaction study. For sites with mapped maximum considered earthquake spectral response accelerations at short periods (S
s) greater than 0.5g as determined by Section 1613, a
study of the liquefaction potential of the site shall be provided, and the recommendations incorporated in the plans. A geotechnical investigation will be required when the proposed work is a “Project” as defined in California Public Resources Code Section 2693, and is located in an area designated as a “Seismic Hazard Zone” as defined in California Code of Regulations 237 of 818
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Section 3722 on Seismic Hazard Zone Maps issued by the State Geologist under Public Resources Code Section 2696.
Exception: A liquefaction study is not required where the building official determines from established local data that the liquefaction potential is low.
SECTION IA-128. Appendix J Section J104.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J104.5 Slope failure reports. In addition to any other requirements set forth in this Appendix J, for Class I slope failures, the permit applicant shall submit to the building official a combined geotechnical engineering and engineering geology report to address its cause and provide recommended repair methods. For Class II slope failures, the permit applicant shall submit to the building official an engineering geology report to address its cause and provide recommended repair methods. For Class III slope failure, unless there exist other conditions which, in the opinion of the building official, require the submission of geotechnical engineering or engineering geology reports, the permit applicant shall not be required to submit such reports.
SECTION IA-129. Appendix J Section J104.6 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J104.6 Permit issuance.
1. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the grading plans and specifications approved by the building official at the time of issuance.
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accomplished which is regulated by any other code, department or division of the governing agency.
3. Tract map requirements. No grading permit shall be issued for import or export of earth materials to or from, and no grading shall be conducted on, any unimproved acreage in hillside areas unless a tentative tract map has been approved by the council or a parcel map has been approved by the planning commission or an affidavit is filed declaring the grading shall not be for subdivision purposes.
4. Conditions of permit. The building official, upon recommendation of the city traffic and transportation administrator, may impose such regulations with respect to access routes to and from grading sites in hillside areas as the building official shall determine are required in the interest of safety precautions involving pedestrian or vehicular traffic.
5. No permit shall be issued for the export or import of earth materials to or from a grading site in hillside areas involving ingress or egress on streets having less than 30 feet (9 m) in usable width, except upon all of the following conditions:
a. The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street;
b. Traffic-control devices, including flag officers, signs and markers shall be utilized at appropriate places along the designated routes of access to such sites; c. Temporary no-parking restrictions shall be imposed with the approval of the city traffic and transportation administrator along such routes when determined necessary;
d. No person shall excavate or fill so as to cause falling rocks, soil or debris in any form to fall, slide or flow onto adjoining properties or public ways; 239 of 818
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e. In granting a permit under this chapter, the building official shall attach such conditions as may be necessary to prevent creation of hazard to public or private property;
f. In no event shall any export or import of earth materials to or from a grading site over dedicated and improved streets in hillside areas be undertaken or conducted except by use of equipment which complies in all respects with the state Vehicle Code;
g. All vehicle loads shall be trimmed and watered, or otherwise secured so as to prevent spillage from the equipment;
h. In cases where the building official designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the routes; and
i. All public roadways used by the permittee shall be maintained free from all dust, dirt and debris caused by permittee’s grading operation.
6. Consent of adjacent property owner. Whenever any excavation or fill requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent or legal easements or other property rights of the adjacent property owner or their authorized representative, and shall file a signed and duly notarized copy of such consent with the building official, and no permit for such grading work may be issued unless and until all necessary consent documents are so filed. The consent shall be in a form acceptable to the building official.
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SECTION IA-130. Appendix J Section J105.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.3 Field engineer. The field engineer shall provide inspection within such engineer’s area of technical specialty, oversee and coordinate all field surveys, set grade stakes, and provide site inspections during grading operations to ensure the site is graded in accordance with the approved grading plan and the appropriate requirements of this code. During site grading, and at the completion of both rough grading and final grading, the field engineer shall submit statements and reports required by Appendix J Sections J105.11 and J105.12. If revised grading plans are required during the course of the work, they shall be prepared by a civil engineer and approved by the building official.
SECTION IA-131. Appendix J Section J105.4 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.4 Geotechnical engineer. The geotechnical engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The geotechnical engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this code. Revised recommendations related to conditions differing from the approved geotechnical engineering and engineering geology reports shall be submitted to the permittee, the building official and the field engineer.
SECTION IA-132. Appendix J Section J105.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
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J105.5 Engineering geologist. The engineering geologist shall provide professional inspection within such engineer’s area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the geotechnical engineer.
SECTION IA-133. Appendix J Section J105.6 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.6 Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permittee shall engage project consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the project consultants, the contractor and the building official. In the event of changed conditions, the permittee shall be responsible for informing the building official of such change and shall provide revised plans for approval.
SECTION IA-134. Appendix J Section J105.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.7 Building official. The building official shall inspect the project site at the following various stages of work, as the building official deems necessary, to determine that adequate control is being exercised by the project consultants:
Pre-grade. Before any construction or grading activities occur at the site. Permittee shall schedule a pre-grade inspection with the building official. The permittee is responsible for coordinating that all project consultants are present at the pre-grade inspection. 242 of 818
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Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill. No fill shall have been placed prior to this inspection.
Rough. When approximate initial elevations have been established; drainage terraces, swales and other drainage devices necessary for the protection of the building site(s) from flooding are installed; berms are installed at the top of the slopes; and the statements required by Section J105.12 have been received.
Final. When grading has been completed; all drainage devices necessary to drain the building pad(s) are installed; slope planting is established; irrigation systems are installed; and the as-built plans and required statements and reports have been submitted.
SECTION IA-135. Appendix J Section J105.8 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.8 Notification of noncompliance. If, in the course of fulfilling their respective duties under this chapter, the field engineer, the geotechnical engineer or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies and corrective measures which should be taken shall be reported immediately in writing to the permittee and the building official.
SECTION IA-136. Appendix J Section J105.9 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.9 Transfer of responsibility. If the field engineer, the geotechnical engineer or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competency for approval upon completion of the work. It shall be the duty of the permittee to 243 of 818
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notify the building official in writing of such change prior to the recommencement of such grading.
SECTION IA-137. Appendix J Section J105.10 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.10 Non-inspected grading. No person shall own, use, occupy or maintain any non- inspected grading. For the purposes of this code, non-inspected grading shall be defined as any grading for which a grading permit was first obtained, pursuant to Appendix J Section J103, but which has progressed beyond any point requiring inspection and approval by the building official without such inspection and approval having been obtained.
SECTION IA-138. Appendix J Section J105.11 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.11 Routine field inspections and reports. Unless waived by the building official, routine inspection reports shall be provided by the field engineer for all engineered grading projects.
The field engineer shall file these reports with the building official as follows:
1. Bi-weekly during all times when grading of 400 cubic yards or more per week is occurring on the site;
2. Monthly, at all other time; and
3. At any time when requested in writing by the building official.
Such reports shall certify to the building official that the field engineer has inspected the grading site and related activities and has found them in compliance with the approved grading plans, the building code, grading permit conditions, and other applicable ordinances and requirements. The reports shall contain all required information in a standard “Report of Grading Activities” form which shall be provided by the building official.
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SECTION IA-139. Appendix J Section J105.12 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.12 Completion of work. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is required by the building official:
1. An “as-built” grading plan prepared by the field engineer to provide such services in accordance with Appendix J Section J105.3 showing all plan revisions as approved by the building official. This shall include original ground surface elevations, as-built ground elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and the outlets of subsurface drains. As-built locations, elevations and details of subsurface drains shall be shown as reported by the geotechnical engineer. The field engineer shall state in a report, to the building official that to the best of their knowledge, the work within the area of responsibility was done in accordance with the final approved grading plan.
2. A report prepared by the geotechnical engineer retained to provide such services in accordance with Appendix J Section J105.5, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved geotechnical engineering investigation report. Geotechnical engineer shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved geotechnical engineering report and applicable provisions of this chapter. 245 of 818
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The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement or slippage.
3. A report prepared by the engineering geologist retained to provide such services in accordance with Appendix J Section J105.6, including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan.
Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage. The report must contain a final as-built geologic map and cross-sections depicting all the information collected prior to and during grading.
4. The grading contractor shall submit in a form prescribed by the building official a statement of conformance to said as-built plan and the specifications.
SECTION IA-140. Appendix J Section J105.13 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.13 Notification of completion. The permittee shall notify the building official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted and approved.
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SECTION IA-141. Appendix J Section J105.14 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J105.14 Change of ownership. Unless waived by the building official, when a grading permit has been issued on a site and the owner sells the property prior to final grading approval, the new property owner shall be required to obtain a new grading permit.
SECTION IA-142. Appendix J Section J106.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J106.1 Maximum cut slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be not more than one 1 unit vertical in two 2 units horizontal (50-percent slope) unless the owner or owner’s authorized agent applicant furnishes a geotechnical engineering or an engineering geology report, or both justifying a steeper slope. Reports must indicate that site was investigated and give an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property in conformance with the requirements of Appendix J Section J104.2.3. The building official may require the excavation to be made with a cut face flatter in slope than 1 unit vertical to 2 units horizontal if the building official finds it necessary for stability and safety.
Exceptions:
1. A cut surface may be at a slope of 1.5 units horizontal to one 1 unit vertical (67 percent slope) provided that all the following are met:
1.1 It is not intended to support structures or surcharges.
1.2 It is adequately protected against erosion.
1.3 It is no more than 8 feet (2438 mm) in height.
1.4 It is approved by the building code official
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1.5 Ground water is not encountered.
2. A cut surface in bedrock shall be permitted to be at a slope of one 1 unit horizontal to one 1 unit vertical (100 percent slope).
SECTION IA-143. Appendix J Section J106.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J106.2 Drainage. Drainage, including drainage terraces and overflow protection, shall be provided as required by Appendix J Section J109.
SECTION IA-144. Appendix J Section J107.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J107.1 General. Unless otherwise recommended in the geotechnical report, fills shall comply with the provisions of this section. In the absence of an approved geotechnical engineering report and if approved by the building official, these provisions may be waived for minor fills not intended to support structures.
SECTION IA-145. Appendix J Section J107.2 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J107.2 Surface preparation. Fill slopes shall not be constructed on natural slopes steeper than 2 units horizontal to 1 unit vertical (50 percent slope). The ground surface shall be prepared to receive fill by removing vegetation, topsoil and other unsuitable materials, and scarifying the ground to provide a bond with the fill material. Except where recommended by the geotechnical engineer or engineering geologist as not being necessary, subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such sub-drainage systems shall be of a material and design approved by the geotechnical engineer and acceptable to the building official. The geotechnical engineer shall provide continuous 248 of 818
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inspection during the process of subdrain installations. The location of the subdrains shall be shown on a plan by the geotechnical engineer. Excavations for the subdrains shall be inspected by the engineering geologist when such subdrains are included in the recommendations of the engineering geologist.
SECTION IA-146. Appendix J Section J107.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J107.3 Benching. Where existing grade is at a slope steeper than one 1 unit vertical to five 5 units horizontal (20 percent slope) and the depth of the fill exceeds 5 feet (1524 mm) benching shall be provided into sound bedrock or other competent material as determined by the geotechnical engineer. The ground preparation shall be in accordance with Figure J107.3 or as determined by the geotechnical engineer. When fill is to be placed over a cut, a. A key shall be provided which is at least 10 feet (3048 mm) in width and 2 feet (610 mm) in depth. The area beyond the toe of fill shall be sloped for sheet flow or a paved drain shall be provided. The cut shall be made before placing the fill and the geotechnical engineer or engineering geologist or both shall accept the cut as suitable for the foundation and placement of fill material.
SECTION IA-147. Appendix J Section J107.6 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J107.6 Maximum slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than one 1 unit vertical to two 2 units horizontal (50- percent slope) shall be justified by a geotechnical engineering report or engineering data. conforming with the requirements of Appendix J Section J104.2.3, stating that the site has been investigated and giving an opinion that a fill at a steeper slope will be stable and not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the 249 of 818
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building official determines that such information is necessary to verify the stability and safety of the proposed slope. The building official may require the fill slope be constructed with a face flatter in slope than 1 unit vertical to 2 units horizontal (50 percent slope) if the building official finds it necessary for stability and safety.
SECTION IA-148. Appendix J Section J107.7 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J107.7 Slopes to receive fill. Where fill is to be placed above the top of an existing slope steeper than 3 units horizontal to 1 unit vertical (33 percent slope), the toe of the fill shall be set back from the top edge of the slope a minimum distance of 6 feet (1.8 m) measured horizontally or such other distance as may be specifically recommended by a geotechnical engineer or engineering geologist and approved by the building official.
SECTION IA-149. Appendix J Section J107.8 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J107.8 Inspection of fill. For engineered grading, the geotechnical engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill ensuring that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this chapter. In addition to the above, the geotechnical engineer shall be present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet (9.1 m) or result in a slope surface steeper that 2 units horizontal to 1 unit vertical (50 percent slope).
SECTION IA-150. Appendix J Section J107.9 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
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J107.9 Testing of fills. Sufficient tests of the fill soils shall be made to determine the density and to verify compliance of the soil properties with the design requirements. This includes soil types and shear strengths in accordance with Referenced Standards Section J112.
SECTION IA-151. Appendix J Section J108 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
SECTION J108
SETBACKS AND RETAINING WALLS
J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks and is recommended by a geotechnical engineering and engineering geology report approved by the building official.
J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in Figure J108.1, or than is required to accommodate any required interceptor drains, whichever is greater. For graded slopes the grading design must be such that the property line between adjacent lots will be at the apex of the berm at the top of the slope. Property lines between adjacent lots shall not be located on a graded slope steeper than 5 units horizontal to 1 unit vertical (20 percent slope).
J108.3 Slope protection. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the building official, shall be included. Such protection may include but shall not be limited to:
1. Setbacks greater than those required by Figure J108.1.
2. Provisions for retaining walls or similar construction. 251 of 818
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3. Erosion protection of the fill slopes.
4. Provision for the control of surface waters.
J108.4 Alternate setbacks. The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified geotechnical engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.
J108.5 Retaining walls and crib walls.
1. All structures which are intended to retain earth material, shall be fully detailed, appropriately engineered, and where required by the building official be incorporated into a grading plan. Such grading plan shall be reviewed by the building official, or his or her designee, and must be approved prior to issuance of a building permit for any retaining walls on the site.
2. When required by the building official, grading permit applicants shall have grading plans prepared and reviewed by a qualified geologist, or a geotechnical engineer, or a combination thereof. All features of the grading plan must be included in such review, and a recommendation shall be submitted by such qualified individual regarding the type of retaining wall system(s) to be used. Any recommendation to utilize a particular type of earth retention system shall be based on soil strength parameters for the subject property and detailed slope stability analysis.
3. Cantilever retaining walls must be designed to provide a minimum factor of safety against overturning of 1.5 and a minimum factor of safety against sliding of 1.5. The building official shall have the authority to require a higher factor of safety against overturning or sliding, or both if he or she determines that specific site conditions warrant such design.
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4. When approved for use by the building official, a crib wall earth retention system may be used. Such system must be specifically recommended, as an appropriate method of retaining a cut or fill slope, by the geotechnical engineer of record for the project.
5. Any crib wall earth retention system which is approved for use by the building official, must meet the following minimum design parameters:
a. The crib wall system shall be designed with a minimum factor of safety against overturning of 3.0. A higher factor of safety may be required, at the discretion of the building official.
b. The crib wall system shall be designed with a minimum factor of safety against sliding of 3.0. A higher factor of safety may be required, at the discretion of the building official.
c. Unless an alternate height is approved by the building official, the maximum height of a crib wall shall not exceed ten feet (3 m), measured from the bottom of the lowest course.
d. Crib walls in excess of ten feet (3 m) in height must be designed with closed cell faces, and may not be vegetated.
e. Backfill of crib walls shall consist of granular material, which facilitates drainage, as recommended by the geotechnical engineer of record.
f. A subdrain shall be required behind all retaining walls, unless the full effect of hydrostatic pressure is accounted for in the design, and omission of such subdrain is recommended by the geotechnical engineer of record for the project, and approved by the building official.
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g. Crib walls shall be founded upon a foundation/grade beam system that is designed by a licensed civil or structural engineer or upon competent bedrock as determined by both a qualified geotechnical engineer and engineering geologist and approved by the building official. All foundation grade beam systems shall be reviewed and approved by the geotechnical engineer of record for the project. h. Crib walls shall be designed to resist all seismically induced lateral forces, in addition to the lateral forces imparted by retained earth material.
6. Earth retention systems, other than cantilevered retaining wall systems, which are not anchored into a stable, earthen mass may not be utilized.
7. Revetments and erosion control armaments shall not be considered suitable for retaining cut or fill slopes.
8. All retaining walls must be approved by the building official prior to construction, except for walls specifically exempt from the Glendale Building and Safety Code, 2014, as amended.
9. Any earth retaining structure, which creates a reasonably accessible surface, which adjoins a vertical drop of thirty inches (750 mm) or more, shall be provided with a protective guard, in accordance with the Glendale Building and Safety Code, 2014, as amended.
10. All retaining walls shall be provided with sufficient freeboard and a surface back drain, to effectively retain and divert ravel, debris, and concentrated storm water runoff.
SECTION IA-152. Appendix J Section J109.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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J109.1 General. Unless otherwise recommended by a registered design professional civil engineer, and approved by the building official, drainage facilities and terracing shall be provided in accordance with the requirements of this section for all cut and fill slopes where the ground slope is steeper than 3 units horizontal to 1 unit vertical (33 percent slope).
Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than one unit vertical in three units horizontal (33 percent).
For slopes flatter than 3 units horizontal to 1 unit vertical (33 percent slope) and steeper than 5 units horizontal to 1 unit vertical (20 percent slope) a paved swale or ditch shall be provided at 30 foot (9.1 m) vertical intervals to control surface drainage and debris. Swale shall be sized based on contributory area and have adequate capacity to convey intercepted waters to the point of disposal as defined in Appendix J Section 109.5. Swale must be paved with reinforced concrete not less than 3 inches (0.08 m) in thickness, reinforced with 6-inch (0.2 m) by 6-inch (0.2 m) No. 10 by No. 10 welded wire fabric or equivalent reinforcing centered in the concrete slab or an approved equal. Swale must have a minimum flow line depth of 1 foot (0.3 m) and a minimum paved width of 18 inches (0.5 m). Swales shall have a minimum gradient of not less than 5 percent. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade.
SECTION IA-153. Appendix J Section J109.3 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J109.3 Interceptor drains and overflow protection. Berms, interceptor drains, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of a slope. Berms used for slope protection shall not be less than 12 inches (0.3 m) above the level of the pad and shall slope back at least 4 feet (1.2 m) 255 of 818
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from the top of the slope. Interceptor drains shall be installed along the top of cut graded slopes greater than 5 feet (1.5 m) in height receiving drainage from a tributary width greater than 40 feet (12,192 mm)30 feet (9.1 m) measured horizontally. They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the building official, but shall not be less than 50 horizontal to 1 vertical (2 percent slope). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the building official.
SECTION IA-154. Appendix J Section J109.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
J109.5 Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable street, storm drain, or natural watercourse drainage way approved by the building official or other appropriate governmental agency jurisdiction provided it is a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers or other methods, as approved by the building official, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains, or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipater may be required. Building pads shall have a minimum drainage gradient of 2 percent toward approved drainage facilities, a public street or drainage structure approved to receive storm waters unless waived by the building official. A lesser slope may be approved by the building official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the building official finds such modification will not result in unfavorable drainage conditions. 256 of 818
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SECTION IA-155. Appendix J Section J110.1 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
J110.1 General. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting. This control shall consist of effective planting, erosion control blankets, soil stabilizers or other means as approved by the building official.
Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion-resistant character of the materials.
Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection.
SECTION IA-156. Appendix J Section J111 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
SECTION J111
REFERENCED STANDARDS
ASTM D 1557-12 Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort [56,000 ft-lf/ft
3 (2,700kN-m/m3)].
ASTM D 1556 Density and Unit Weight of Soils in Place by the Sand Cone Method
ASTM D 2167 Density and Unit Weight of Soils in Place by the Rubber-Balloon Method
ASTM D 2937 Density of Soils in Place by the Drive-Cylinder Method ASTM D 2922 Density of Soil and Soil Aggregate in Place by Nuclear Methods ASTM D 3017 Water Content of Soil and Rock in Place by Nuclear Methods 257 of 818
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SECTION IA-157. Appendix J Section J112 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION J112
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
COMPLIANCE
J112.1 General. All grading plans and permits shall comply with the provisions of this section and Chapters 13.42 and 13.43 of the Glendale Municipal Code for NPDES compliance including the owner of any property on which grading has been performed and which requires a grading permit under Appendix J Section J103. Sites which have been graded and which require a grading permit under Appendix J Section J103 are subject to penalties and fines per Appendix J Section J112.4. All best management practices shall be installed before grading begins or as instructed in writing by the building official for unpermitted grading as defined by Section J103.3. As grading progresses, all best management practices shall be updated as necessary to prevent erosion and control construction related pollutants from discharging from the site. All best management practices shall be maintained in good working order to the satisfaction of the building official unless final grading approval has been granted by the building official and all permanent drainage and erosion control systems, if required, are in place.
J112.2 Storm water pollution prevention plan (SWPPP). When requested by the building official, no grading permit shall be issued unless the plans for such work include a Storm Water Pollution Prevention Plan with details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction-related pollutants which originate from the site as a result of construction related activities. For unpermitted grading as defined by Section J103.3 upon written request a SWPPP 258 of 818
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in compliance with the provisions of this section and Chapters 13.42 and 13.43 of the Glendale Municipal Code for NPDES compliance shall be submitted to the building official.
J112.3 Wet weather erosion control plans (WWECP). In addition to the SWPPP required in Appendix J Section J112.2, where a grading permit is issued and it appears that the grading will not be completed prior to November 1, then on or before October 1 the owner of the site on which the grading is being performed shall file or cause to be filed with the building official a WWECP which includes specific best management practices to minimize the transport of sediment and protect public and private property from the effects of erosion, flooding or the deposition of mud, debris or construction related pollutants. The best management practices shown on the WWECP shall be installed on or before October 15. The plans shall be revised annually or as required by the building official to reflect the current site conditions. The WWECP shall be accompanied by an application for plan checking services and plan check fees equal in amount to 10 percent of the original grading permit fee.
J112.4 Storm water pollution prevention plan, effect of noncompliance. Should the owner fail to install the best management practices required by Appendix J Sections J112.2 and J112.3 or submit the wet weather erosion control plans required by Appendix J Section J112.3 by the dates specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. There upon, the building official may enter the property for the purpose of installing, by city forces or by other means, the drainage, erosion control and other devices shown on the approved plans, or if there are no approved plans, as the building official may deem necessary to protect adjoining property from the effects of erosion, flooding, or the deposition of mud, debris or construction related pollutants. The building official may also cause the owner to be prosecuted as a violator of this code. The building official shall have the 259 of 818
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authority to collect the penalties imposed by this code upon determining that the site is in noncompliance. Payment of penalty shall not relieve any persons from fully complying with the requirements of this code in the execution of the work. The following penalties may be imposed by the building official:
1. If a designed wet weather erosion control plan is not submitted as prescribed in Appendix J Section J112.3:
Grading Permit Volume Penalty
1 – 10,000 cubic yards (1 – 7645.5 m3) $ 50.00 per day 10,001 – 100,000 cubic yards (7646.3 – 76455 m3) $250.00 pe r day More than 100,000 cubic yards (76455 m3) $500.00 per day
2. If the best management practices for storm water pollution prevention and wet weather erosion control are not installed as prescribed in Appendix J Sections J112.2 and J112.3 and approved by the building official:
Grading Permit Volume Penalty
1 – 10,000 cubic yards (1 – 7645.5 m3) $ 100.00 per day 10,001 – 100,000 cubic yards (7646.3 – 76455 m3) $250.00 per day More than 100,000 cubic yards (76455 m3) $500.00 per day
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1 VOLUME IB. RESIDENTIAL STANDARDS
SECTION IB-1. Volume IB of the Glendale Building and Safety Code, 2023, is amended as hereinafter provided.
SECTION IB-2. Chapter 1 Division II of the Section R104.10.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R104.10.2 Fire code official concurrence. For those cases which may affect fire or life safety in buildings regulated by the State Fire Marshall, the building official shall obtain the concurrence of the fire code official if related to fire protection systems, egress, fire department access or water supply.
SECTION IB-3. Chapter 1 Division II Section R104.11.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R104.11.2 Fire code official concurrence. For those cases which may affect fire or life safety in buildings regulated by the State Fire Marshall, the building official shall obtain the concurrence of the fire code official if related to fire protection systems, egress, fire department access or water supply.
SECTION IB-4. Chapter 1 Division II Section R105.3 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
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2 description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section R106.1.
5. State the valuation of the proposed work.
6. Be signed by the applicant or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
8. Pay plan review and permit fees as required by Volume 1A Chapter 1 Division II of this Code.
SECTION IB-5. Chapter 1 Division II Section R105.3.1.1 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2(1), the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value valuation of the proposed work. For buildings that have sustained damage of any origin, the value valuation of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value valuation of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration 262 of 818
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3 repair of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R322.
SECTION IB-6. Chapter 1 Division II Section R105.3.1.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R105.3.1.2 Small residential rooftop solar energy system review process.
A. Applicability. This Section applies to the permitting of all small residential rooftop solar energy systems, as defined herein, in the city.
B. Definitions. The following words and phrases as used in this section are defined as follows:
“Electronic submittal” means the utilization of email, facsimile, or the internet. “Small residential rooftop solar energy system” means all of the following:
1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by city.
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4 “Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the California Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
C. Solar Energy System Requirements
1. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State of California and of the city of Glendale, including the Glendale Fire Department and the Glendale Water and power department.
2. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
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5 D. Expedited Permitting Process and Checklist, and Permit Fees.
1. On or before September 30, 2015, the building official shall adopt an expedited permitting process for small residential rooftop solar energy systems, including a standard plan and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
2. The checklist and all documents required for the submission of an expedited small residential solar energy system application shall be made available to the public on the City of Glendale website. The Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
3. The fees prescribed for the permitting of small residential rooftop solar energy system shall be established from time to time by resolution of the city council and shall be in compliance with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.
E. Prior to submitting an application for permits for a small residential rooftop solar system, the applicant shall:
1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small 265 of 818
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6 residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.
F. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
G. A building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City Planning Commission. If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the 266 of 818
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7 potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City Planning Commission.
H. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
I. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
J. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
K. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. If a small residential rooftop solar energy system fails inspection, a subsequent 267 of 818
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8 inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.
SECTION IB-7. Chapter 1 Division II Section R105.3.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days one-year after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
In granting any extension the building official may require compliance with any new regulation. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. The new plan review fee shall be one half the amount required for a new plan review, provided no changes have been made in the original plans and specifications for such work, and provided further that such abandonment has not exceeded one year. In order to renew action on an expired application the applicant shall comply with all applicable new regulations.
SECTION IB-8. Chapter 1 Division II of the Section R105.3.3 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R105.3.3 Plan review fees. When submittal documents are required by Chapter I Division II, Section R105.3, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fees specified in this section are separate fees from the permit fees specified in Chapter 1 Division II, Section R108.2 and 268 of 818
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9 are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items as defined in Chapter 1 Division II, Section 106.3.4, an additional plan review fee shall be charged at a rate specified by resolution.
SECTION IB-9. Chapter 1 Division II Section R105.5 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R105.5. Expiration. Every permit issued shall become invalid unless the work authorized by such permit is com menced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Work shall be considered suspended or abandoned if the building official determines that substantial work has not been performed within the time specified above. Substantial work shall be construed to mean:
1. Measurable work such as, but not limited to, the addition of footings, structural members, flooring, wall covering, etc.
2. The work mentioned in subsection 1 of this Section 105.5 above must constitute 20% of the value of the work for which the permit was issued in any 180-day period for Group R, Division 3 occupancies.
Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such 269 of 818
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10 suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new permit fee and may be required to comply with all applicable new regulations at the time of issuance.
The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
SECTION IB-10. Chapter 1 Division II Section R105.8 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R105.8 Responsibility of permittee. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.
Building permits shall be presumed to incorporate the provision that the applicant, the applicant’s agent, employees or contractors shall carry out the proposed work in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code.
SECTION IB-11. Chapter 1 Division II of the Section R106.3.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R106.3.4 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. 270 of 818
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11 Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official.
SECTION IB-12. Chapter 1 Division II Section R108.6 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees. in addition to the normally established permit fee, equal to 100% of such normally established permit fee, or as otherwise determined by the building official.
SECTION IB-13. Chapter 1 Division II Section R109.1.5.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R109.1.5.4 Structural observation. F or structural observation, see Section 1704 of Volume IA.
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12 SECTION IB-14. Chapter 1 Division II Section R109.1.5.5 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R109.1.5.5 Sound transmission control. Fire -resistance- rated construction inspection. Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wall-board joints and fasteners are taped and finished. Protection of joints and penetrations in fire resistance rated assemblies shall not be concealed from view until inspected and approved.
SECTION IB-15. Chapter 1 Division II Section R109.5 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R109.5 Reinspections. A reinspection fee may be assessed for each inspection or re- inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
This section shall not be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be assessed when the approved plans and inspection card are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or deviation from plans requiring the approval of the Building Official.
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13 To obtain a reinspection, the applicant shall pay the re-inspection fee in accordance with a fee schedule adopted by this jurisdiction.
SECTION IB-16. Chapter 1 Division II Section R112 and all subsections thereof of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
SECTION R112
BUILDING AND FIRE BOARD OF APPEALS
R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official or the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a joint building and fire board of appeals in accordance with Section 113 of Volume IA of this Code (hereinafter referred to as the “board”). The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official.
SECTION IB-17. Chapter 1 Division II Section R113.1 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, c
onstruct, alter, extend, repair, move, remove, demolish, or occupy, or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. Maintenance of a building or structure which was unlawful at the time it was constructed and which would 273 of 818
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14 be unlawful under this Code if constructed after the effective date of such Code, shall constitute a continuing violation of such Code.
SECTION IB-18. Chapter 1 Division II Section R113.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R113.4 Violation penalties. Any pers on who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law deemed guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment of not more than 6 months, or by both such fine and imprisonment. Such penalty and imprisonment shall not preclude the imposition of any other administrative or judicial civil, or criminal remedies under state, federal or local laws.
SECTION IB-19. Chapter 1 Division II Section R114.1 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R114.1 Notice to owner or the owner’s authorized agent. Upon notice from the building official that work on any building or structure is being executed contrary to the provisions of this code or other laws or ordinances of this jurisdiction or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s authorized agent or to the person performing the work and shall state the conditions under which work will be permitted to resume.
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15 SECTION IB-20. Chapter 1 Division II Section R114.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as pre scribed by law guilty of a misdemeanor. Such work shall constitute a continuing violation of this Code.
SECTION IB-21. Chapter 1 Division II Section R115 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION R115
UNSAFE STRUCTURES AND EQUIPMENT
R115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate ligh t and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed a n unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
R115.2 Record . The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
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16 R115.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
R115.4 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
R115.5 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and Existing Building Code of Volume IC of this Code.
R115.6 Non-Compliance. Upon failure to comply with the order within the time specified herein, and if no appeal has been properly and timely filed, the building official shall file in the office of the County Recorder a certificate describing the property and certifying (i) that the building is an unsafe building and (ii) that the owner has been 276 of 818
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17 notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as an unsafe building on the property described in the certificate, the building official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer unsafe, whichever is appropriate.
R115.7 Vacated Buildings. Any unsafe building ordered vacated in accordance with this section shall not be reoccupied until the unsafe conditions have been eliminated. Each such vacated building shall be locked and otherwise secured against entry and the building official shall post thereon a placard stating: “DO NOT ENTER, UNSAFE TO OCCUPY, CITY OF GLENDALE.” Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the building official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.
SECTION IB-22. Chapter 1 Division II Section R116 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION R116
CONSTRUCTION TOILET FACILITIES
R116 Temporary Construction Toilets. Toilet Facilities Required. No person shall commence or proceed with the erection, construction, alteration, repair, raising, adding to, removal, or demolition of any building or structure unless adequate, suitable, sanitary toilet facilities under the control of such person are provided for the use of any person employed or working upon such building or structure. Such toilet facilities shall be 277 of 818
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18 located upon or within a reasonable distance of the lot, premises, or site upon which such work is being done. In no case shall the line of travel to any facility exceed 500 feet (153 M). Toilets may not be placed on the public way.
R116.1 Toilet Standards. Every toilet shall be of water flush type and shall be connected to a public sewer or private sewage disposal system built in accordance with the provisions of the Plumbing Code. All toilet structures shall be self-closing; the toilet floor shall be smooth, and screened ventilation shall be provided for the toilet compartment.
Where workmen are employed during night hours, the toilet building shall be provided with artificial light. In lieu of flush water closets approved chemical toilets may be provided. Toilets may not be located within 10’ (3054 mm) of a property line.
SECTION IB-23. Chapter 1 Division II Section R117 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION R117
ON SITE CONSTRUCTION TRASH AND DEBRIS CONTROL
R117 On Site Construction Trash and Debris Control Facilities Required.
No person shall commence or proceed with erection, construction, alteration, repair, raising, adding to, removal, or demolition of any building or structure unless adequate, suitable on site trash and debris control facilities under the control of such person are provided for the use of any person employed or working upon such building or structure.
On site trash and debris control shall consist of at least a roll off 523 ft³ (15m³) bin. The container shall be emptied often enough so that no storage of trash is outside the bin. The bin shall be removed from the site after the building has passed final inspection or within thirty (30) days of the expiration of the building permit. 278 of 818
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19 Exception: Additions, less than 900 ft ² (84m²), and alterations to Group R, Division 3 occupancies and Group U occupancies need not provide a roll off bin but must store trash and debris in the rear yard in quantities less than 10 ft (3m) wide by 10 ft (3m) long by 4 ft (1.2m) high. All trash and debris whether or not in containers shall be kept 3 ft (912mm) from adjacent property lines.
SECTION IB-24. Chapter 1 Division II Section R118 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION R118
DISASTER REPAIR AND RECONSTRUCTION
R118.1 Intent. This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the City Council. This section does not allow exemptions from the Building, Fire, Electrical, Mechanical, Plumbing, other Codes, or standards.
R118.2 Applications of Provisions.
R118.2.1 The provisions of this section are applicable following each disaster when a local emergency has been declared by the City Council to all buildings and structures of all occupancies regulated by the City of Glendale. The Council may extend the provisions as necessary.
R118.2.2 When approved by the building official, the requirements of this section may be waived in favor of repair recommendations included in an engineering evaluation as defined in Section R118.3.
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20 R118.3 DEFINITIONS. For the purpose of this Section R118, the following definitions apply:
R118.3.1 “ARCHITECT” means an individual licensed by the State of California to practice architecture as defined in the State of California Business and Professions Code.
R118.3.2 “CIVIL ENGINEER” means an individual registered by the State of California to practice civil engineering as defined in the State of California Business and Professions Code.
R118.3.3 “CURRENT CODE” means the edition of the California Residential Code, published by the International Code Council, as adopted by the City of Glendale as the Glendale Building and Safety Code, as amended. The edition of said Glendale Building and Safety Code to be applied shall be that edition in effect at the time of the declaration of a local emergency by the City Council.
R118.3.4 “ENGINEERING EVALUATION” means an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendations for repair with appropriate opinion of construction cost for those repairs.
R118.3.5 “REPLACEMENT VALUE” means the dollar value, as determined by the building official, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site.
R118.3.6 “STRUCTURAL ENGINEER” means an individual registered by the State of California to practice civil engineering and to use the title structural engineer as 280 of 818
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21 defined in the State of California Business and Professions Code. R118.3.7 “VALUE OF REPAIR” means the dollar value, as determined by the building official, of making the necessary repairs to the damaged building.
R118.4 Repair Criteria.
R118.4.1 Abatement of Dangerous Buildings shall be in accordance with the provisions of Chapter 1 Division II, Section R115.
R118.4.2 Building and structures of all occupancies which have been damaged as a result of a disaster, except as otherwise noted, shall be repaired in accordance with the following criteria:
1. When the estimated value of repair does not exceed ten percent (10%) of the replacement value of the structure, the damaged portion(s) may be restored to their pre-disaster condition.
Exception: When the damaged elements include suspended ceiling systems, the ceiling system shall be repaired and all bracing required by current code shall be installed.
2. When the estimated value of repair is greater than ten percent (10%) but less than fifty percent (50%) of the replacement value of the structure, the damaged elements, as well as all critical ties, supported elements and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current Code.
3. When the estimated value of repair is fifty percent (50%) or more of the replacement value of the structure, the entire structure shall be 281 of 818
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22 brought into conformance with the structural requirements of the current Code.
4. In Group R, Division 3 occupancies, the repair value of damaged chimneys shall be excluded from the computation of percentage of replacement value. Damaged chimneys shall be repaired in accordance with Chapter 1 Division II, Section 118.5.
R118.5 Repair Criteria for Chimneys.
R118.5.1 All damaged chimneys must be repaired or reconstructed to comply with the requirements of Section 2113 of the Glendale Building and Safety Code, 2023. Damaged portions of chimneys shall be removed in accordance with the following criteria:
1. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion shall be removed to the roof line provided the roof and ceiling anchorage are in sound condition.
2. For a single-story structure in which the damaged portion of the chimney is below the roof line or the damaged portion extends from above the roof line to below the roof line, the chimney shall be removed to the top of the fire box.
3. For a multi-story structure, the damaged portion of the chimney shall be removed from the top to a floor line where sound anchorage is found.
4. In any structure where the firebox has been damaged, the entire chimney and firebox shall be removed to the foundation. If this foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation shall be removed and replaced.
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23 R118.5.2 Where existing conditions preclude the installation of all anchorage required by Section 2113 of Volume IA of this Code, alternate systems may be used in accordance with the alternate methods and materials provisions of said Code when approved by the building official. Such alternate systems shall be designed and detailed by a structural engineer, civil engineer, or architect.
R118.6 Repair Criteria for Unreinforced Masonry Buildings and Structures.
R118.6.1 All buildings as described in Appendix Chapter A1, Section A102.1 of the California Existing Building Code of Volume IC of the Glendale Building and Safety Code that are damaged shall be repaired and strengthened in accordance with provisions of Chapter 1 Division II, Section R118.4.
118.6.2 Unreinforced masonry buildings damaged less than 50% shall be repaired in accordance with California Existing Building Code, Appendix Chapter A1, Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings of Volume IC of this Code.
SECTION IB-25. Chapter 1 Division II Section R119 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION R119
SANDBLASTING
R119.1. Sandblasting: Definition. As used in this article, unless the context expressly indicates otherwise, "sandblasting" shall mean the use of air, steam or water containing sand to clean, grind, or cut hard surfaces.
R119.2. Dry Sandblasting. Dry sandblasting is prohibited unless authorized by special permission from the building official endorsed upon a permit. Permission for 283 of 818
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24 dry sandblasting may be granted only when it is not possible to employ wet sandblasting. When dry sandblasting is permitted, the building official may impose such reasonable and related conditions as he or she may deem necessary for the protection of the public and the adjacent property.
R119.3. Use of Canvas. Sandblasting operations shall, at all times, be separated from all adjacent property by canvas or other suitable barrier to prevent the splashing or blowing of water and/or sand thereupon.
R119.4. Stoppage of Work. The building official may order the immediate stoppage of sandblasting for failure to comply with any provision of this chapter. Failure of any person to comply immediately with such order shall constitute a misdemeanor.
SECTION IB-26. Chapter 1 Division II Section R120 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
SECTION R120
PROTECTION OF PEDESTRIANS
R120.1 Protections required. Pedestrians shall be protected during construction, remodeling and demolition activities as required by this section. Signs shall be provided to direct pedestrian traffic.
R120.2 Walkways. A walkway shall be provided for pedestrian travel in front of every construction and demolition site unless the applicable governing authority authorizes the sidewalk to be fenced or closed. Walkways shall be of sufficient width to accommodate the pedestrian traffic, but in no case shall they be less than 5 feet (1524 mm) in width.
Walkways shall be provided with a durable walking surface. Walkways shall be accessible in accordance with the California Building Code Chapter 11A or 11B as 284 of 818
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25 applicable, and shall be designed to support all imposed loads and in no case shall the design live load be less than 150 pounds per square foot (psf) (7.2 kN/m²).
SECTION IB-27. Section R301.1.3.1 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R301.1.3.1 California licensed architect or engineer.
All construction documents submitted for permit shall be approved and stamped by a California licensed architect or engineer.
Exception: When the building official determines, based upon a review of the construction documents submitted, that the scope of work is minor in nature.
When any portion of any structure deviates from substantial compliance with conventional framing requirements for woodframe construction found in this code, the building official shall require the construction documents to be approved and stamped by a California licensed architect or engineer for that irregular or non-conforming portion of work. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
SECTION IB-28. Section R301.1.3.2 of Volume IB of the Glendale Building and Safety Code, 2023, regarding engineered design for woodframe structures greater than two-stories, is hereby amended.
R301.1.3.2 Woodframe structures greater than two- stories. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than t wo stories and basement in height located in Seismic Design Category A, B or C . Notwithstanding 285 of 818
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26 other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The building official shall requi re construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.
SECTION IB-29. Section R301.1.3.3 of Volume IB of the Glendale Building and Safety Code, 2023, regarding engineered design for structures other than woodframe, is hereby repealed.
R301.1.3.3 Structures other than woodframe. The building official shall require floor, wall or roof-ceiling structural elements in dwellings designed of cold-formed steel, concrete, masonry or structural insulated panels prescribed by this code to be approved and stamped by a California licensed architect or engineer. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
SECTION IB-30. Section R301.1.5 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R301.1.5 Seismic design provisions for buildings constructed on or into slopes steeper than one-unit vertical in three units horizontal (33.3 percent slope). The design and construction of new buildings and additions to existing buildings when constructed on or into slopes steeper than one-unit vertical in three units horizontal (33.3 percent slope) shall comply with Section 1613.6 of Volume IA of this Code. 286 of 818
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27 SECTION IB-31. Table R301.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND
SNOW
LOAD
WIND DESIGN
SEISMIC
DESIGN
CATEGORYf
SUBJECT TO DAMAGE
FROM
WINTER
DESIGN
TEMPe
ICE BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR
FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speedd
(mph)
Topographic
effectsk
Special
wind
regionl
Wind-
borne
debris
zonem Weatheringa
Frost
line
depthb Termitec
0 110 No No No See Footnote f Negligible 12 in. N/A 47oF No See Footnote g None 63.9 MANUAL J DESIGN CRITERIAn
Elevation
Latitude
Winter
Heating
Summer
cooling
Altitude
Correction factor
Indoor design
Temperature
Design
Temperature cooling
Heating temperature
differences
----- ----- ----- ----- ----- ----- ----- -----
Cooling
Temperature difference
Wind
Velocity heating
Wind
Velocity cooling
Coincident
wet bulb
Daily
range
Winter
humidity
Summer
humidity -----
----- ----- ----- ----- ----- ----- ----- -----
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where w eathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(4). The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652. b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. 287 of 818
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28 d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [FigureR301.2(5)A].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. [Also see Figure R301.2(1).10] f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. See Mapped acceleration and other seismic design parameters at the USGS Web site.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.
The City of Glendale (Community No. 065030) has participated as a regular member in the NFIP since August 31, 1984
Date of the Flood Insurance Study: September 26, 2008
FIRM Numbers, Dates:
06037C1095E, September 30, 2005
06037C1125F, September 30, 2005
06037C1335E, September 30, 2005
06037C1345E, September 30, 2005
06037C1375E, September 30, 2005
06037C1610E, September 30, 2005
06037C1626E, September 30, 2005
h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the 288 of 818
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29 effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.html.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m. In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in this section of the table to establish the design criteria using Table of 1a or 1b from ACCA Manuel J or established criteria determine by the jurisdiction.
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30 o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6).
SECTION IB-32. Section R301.2.2.6 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R301.2.2.6 Irregular buildings. The seismic provisions of this code shall not be used for structures, or portions thereof, located in Seismic Design Categories C, D0, D1 and D2 and considered to be irregular in accordance with this section. A building or portion of a building shall be considered to be irregular where one or more of the conditions defined in Items 1 through 7 occur. Irregular structures, or irregular portions of structures, shall be designed in accordance with accepted engineering practice to the extent the irregular features affect the performance of the remaining structural system. When the forces associated with the irregularity are resisted by a structural system designed in accordance with accepted engineering practice, the remainder of the building shall be permitted to be designed using the provisions of this code.
1. Shear wall lines or braced wall offsets out of plane. Conditions where exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required.
Exception: For wood light-frame construction, floors with cantilevers or setbacks not exceeding four times the nominal depth of the wood floor joists are permitted to support braced wall panels that are out of plane with braced wall panels below provided that all of the following are satisfied:
1. Floor joists are nominal 2 inches by 10 inches (51 mm by 254 mm) or larger and spaced not more than 16 inches (406 mm) on center. 290 of 818
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31 2. The ratio of the back span to the cantilever is at least 2 to 1.
3. Floor joists at ends of braced wall panels are doubled.
4. For wood-frame construction, a continuous rim joist is connected to ends of all cantilever joists. When spliced, the rim joists shall be spliced using a galvanized metal tie not less than 0.058 inch (1.5 mm) (16gage) and 11/2, inches (38 mm) wide fastened with six 16d nails on each side of the splice or a block of the same size as the rim joist of sufficient length to fit securely between the joist space at which the splice occurs fastened with eight 16d nails on each side of the splice; and
5. Gravity loads carried at the end of cantilevered joists are limited to uniform wall and roof loads and the reactions from headers having a span of 8 feet (2438 mm) or less.
2. Lateral support of roofs and floors. Conditions where a section of floor or roof is not laterally supported by shear walls or braced wall lines on all edges.
Exception : Portions of floors that do not support shear walls , braced wall panels above, or roofs shall be permitted to extend no more than 6 feet (1829 mm) beyond a shear wall or braced wall line.
3. Shear wall or braced wall offsets in plane. Conditions where the end of a braced wall panel occurs over an opening in the wall below . and extends more than 1 foot (305 mm) horizontally past the edge of the opening. This provision is applicable to shear walls and braced wall panels offset in plane and to braced wall panels offset out of plane as permitted by the exception to Item 1. 291 of 818
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32 Exception: For wood light-frame wall construction, one end of a braced wall panel shall be permitted to extend more than 1 foot (305 mm) over an opening not more than 8 feet (2438 mm) wide in the wall below provided that the opening includes a header in accordance with the following:
1. The building with, loading condition and framing member species limitations of Table R602.7(1) apply.
2. The header is composed of:
2.1 Not less than one 2 x 12 or two 2 x 10 for an opening not more than 4 feet (1219 mm) wide.
2.2 Not less than two 2 x 12 or three 2 x 10 for an opening not more than 6 feet (1829 mm) wide.
2.3 Not less than three 2 x 12 or four 2 x 10 for an opening not more than 8 feet (2438 mm) width.
3. The entire length of the braced wall panel does not occur over an opening in the wall below.
4. Floor and roof opening. Conditions where an opening in a floor or roof exceeds the lesser of 12 feet (368 mm) or 50 percent of the least floor or roof dimensions.
5. Floor level offset. Conditions where portions of a floor level are vertically offset.
Exceptions:
1. Framing supported directly by continuous foundations at the perimeter of the building.
2. For wood light-frame construction, floors shall be permitted to be verticall y offset when the floor framing is lapped or tied together as 292 of 818
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33 required by Section R502.6.1.
6. Perpendicular shear wall and wall bracing. Conditions where shear walls and braced wall lines do not occur in two perpendicular directions.
7. Wall bracing in stor ies containing masonry or concrete construction.
Conditions where stories above grade plane partially or com pletely braced by wood wall framing in accordance with Section R602 or cold-formed steel wall framing in accordance with Section R603 include masonry or concrete construction. When this irregularity applies, the entire story shall be designed in accordance with accepted engineering practice.
Exception: Fireplaces, chimneys and masonry veneer as permitted by this code.
8. Hillside light-frame construction. Conditions in which all of the following apply:
8.1. The grade slope exceeds 1 unit vertical in 5 units horizontal where averaged across the full length of any side of the dwelling.
8.2. The tallest cripple wall clear height exceeds 7 feet (2134 mm), or where
a post and beam system occurs at the dwelling perimeter, the post and beam system tallest post clear height exceeds 7 feet (2134 mm)
8.3. Of the total plan area below the lowest framed floor, whether open of enclosed, less than 50 percent is living space having interior wall finished conforming to Section R702.
Where Item 8 is applicable, design in accordance with accepted engineering
practice shall be provided for the floor immediately above the cripple walls or post
and beam system and all structural elements and connections from this diaphragm
down to and including connections to the foundation to transfer lateral loads from the 293 of 818
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34 framing above.
Exception: Light-frame construction in which the lowest framed floor is supported directly on concrete or masonry walls over the full length of all sides except the downhill side of the dwelling need not be considered an irregular dwelling under Item
8. SECTION IB-33. Section R301.2.2.11 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R301.2.2.11 Anchorage of mechanical, electrical, or plumbing components and equipment. Mechanical, electrical, or plumbing components and equipment shall be anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the California Building Code and ASCE 7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either
1. The component weighs 400 lb (1,780 N) or less and has a center of mass located 4 ft (1.22 m) or less above the supporting structure; or
2. The component weighs 20 lb (89N) or less or, in the case of a distributed system, 5 lb/ft (73 N/m) or less.
SECTION IB-34. Section R302.1.1 of Volume 1B of the Glendale Building and Safety Code, 2020, is hereby added to read as follows:
R302.1.1 Construction on contiguous lots under same ownership or occupancy. In those cases, where lots, or portions of lots, contiguous to one another are owned or occupied by the same person, such lots, or portions of lots, may be considered one lot for the purpose of enforcing Section R302.1, Table R302.1(1), R302.1(2) and Table R302.6 of this Code, In such event, the owner of said lots shall be required to execute and record 294 of 818
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35 a covenant and agreement with the City to the satisfaction of the building official on a form approved by the City Attorney. Said covenant and agreement shall, among other things, provide that said lots or portions of lots shall remain as one parcel and the owner thereof shall not sell, transfer or in any way sever any portion of said lots or portions of lots independently from the remaining lots or portions of lots until or unless released from the covenant and agreement by the city. Said covenant and agreement shall be recorded by the Los Angeles County Recorder, shall run with the lot or portions of lots, and shall be binding upon the owner, future owners, encumbrancers, successors, heirs, and assigns. An easement for right of way purposes shall not constitute ownership or occupancy under this Section R302.1.1. The building official is hereby authorized to execute such agreements on behalf of the City.
SECTION IB-35. Section R313 of Volume IB of the Glendale Building and Safety Code, 2023, regarding automatic sprinkler systems is hereby repealed in its entirety and is hereby replaced with the following:
SECTION R313
AUTOMATIC FIRE SPRINKLER SYSTEMS
R313.1 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in accordance with this section.
R313.2 New occupancies. An automatic sprinkler system shall be installed in all new occupancies.
R313.3 Existing occupancies. An automatic sprinkler system shall be installed and maintained in all existing occupancies and new sections of any existing building whenever alterations exceed fifty percent (50%) of the replacement value, as determined 295 of 818
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36 by the building official. Alteration values shall be cumulative with each application for a building permit within the previous five years.
SECTION IB-36. Section R314.6 of Volume IB of the Glendale Building and Safety Code, 2023, regarding smoke alarm power source is hereby amended to read as follows.
R314.6 Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system.
Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
Exceptions:
1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place. In buildings constructed under editions of the Glendale Building and Safety Code prior to the 1992 edition, smoke alarms other than those located in the corridor or area giving access to each sleeping area are permitted to be solely battery operated provided no construction or construction requiring a permit not exceeding $1000 has taken place, and alterations or repairs do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
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37 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. Group R Division 3 occupancies in existence prior to 1973 may utilize smoke alarms that are solely battery powered provided no construction or construction requiring a permit, not exceeding $1000 has taken place, and alterations or repairs do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space, or basement available which could provide access for building wiring without the removal of interior finishes. Smoke alarms that receive their primary power from the building’s existing wiring from a commercial source may remain in service without being provided with battery backup. Any smoke alarm that is replaced for any reason shall be provided with battery backup.
4. Smoke alarms are permitted to be solely battery operated where repairs or alterations are limited to the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck.
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38 systems or the installation, alteration or repair of electrical systems which do not result in the removal of interior wall or ceiling finishes exposing the structure.
SECTION IB-37. Section R319.1 of Volume IB of the Glendale Building and Safety Code, 2023, regarding address numbers is hereby amended to read as follows.
R319.1 Address numbers. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102mm) in height with a stroke width of not less than 0.5 inch (12.7 mm).
Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. Address numbers shall be illuminated in an approved manner.
SECTION IB-38. Section R401.1 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and founda tion spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard 298 of 818
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39 areas as established by Table R301.2 shall meet the provisions of Section R322.
Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. Where When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm).
Wood foundations in Seismic Design Category D 0, D 1 or D 2 shall be designed in accordance with accepted engineering practice not be permitted.
Exception: In non- occupied, single -story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches.
SECTION IB-39. Section R401.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R401.4 Soil tests. Where quantifiable data created by accepted soil science methodologies indicate expansive, compressible, shifting or other questionable soil characteristics are likely to be present, the building official shall determine whether to require a soil test to determine the soil's characteristics at a particular location. Geotechnical report shall be required for all new construction including new buildings, additions and accessory structures. Any testing shall be done by an approved agency using an approved method.
Exceptions:
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40 1. Buildings and structures not located in the Wildland Urban Interface (WUI) areas, seismic hazard zone, Alquist-Priolo zone or adjacent to slopes greater than 3 units horizontal to 1 unit vertical, and all 1-story additions less than 500 square feet or ancillary structures less than 500 square feet. The foundation design and footings shall comply with the following:
a. Soils bearing value shall be a maximum of 1500 pounds per square foot. b. The footing shall be a minimum of 18” wide with a minimum 24 ” embedment into natural grade or certified fill. One (1) #4 continuous horizontal reinforcement bar shall be located at the top, at the middle and at the bottom of the new footing.
SECTION IB-40. Section R401.5 of Volume 1B of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R401.5 Grading. Grading requirements shall be in compliance with Appendix J, GRADING, of Volume IA of this Code.
SECTION IB-41. Section R402.1 of Volume IB of the Glendale Building and Safety Code, 2023, wood foundation systems, is hereby repealed.
R402.1 Wood foundations. Wood foundation systems shall be designed and installed in accordance with the provisions of this code.
R402.1.1 Fasteners. Fasteners used below grade to attach plywood to the exterior side of exterior basement or crawl-space wall studs, or fasteners used in knee wall construction, shall be of Type 304 or 316 stainless steel. Fasteners used above grade to attach plywood and all lumber-to-lumber fasteners except those used in knee wall construction shall be of Type 304 or 316 stainless steel, silicon bronze, copper, hot- 300 of 818
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41 dipped galvanized (zinc coated) steel nails, or hot-tumbled galvanized (zinc coated) steel nails. Electro-galvanized steel nails and galvanized (zinc coated) steel staples shall not be permitted.
R402.1.2 Wood treatment. Lumber and plywood shall be pressure-preservative treated and dried after treatment in accordance with AWPA Ul (Commodity Specification A, Special Requirement 4.2), and shall bear the label of an accredited agency. Where lumber and/or plywood is cut or drilled after treatment, the treated surface shall be field treated with copper naphthenate, the concentration of which shall contain not less than 2 percent copper metal, by repeated brushing, dipping or soaking until the wood absorbs more preservative.
SECTION IB-42. Section R403.1.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R403.1.2 Continuous footing in Seismic Design Categories D 0, D 1 and D 2. Exterior walls of buildings located in Seismic Design Categories D 0, D1 and D2 shall be supported by continuous solid or fully grouted masonry or concrete footings. Other footing materials or systems shall be designed in accordance with accepted engineering practice.
Required interior braced wall panels in buildings located in Seismic Design Categories D0, D1 and D2 with plan dimensions greater than 50 feet (15 240 mm) shall be support ed by continuous solid or fully grouted masonry or concrete footings in accordance with Section R403.1.3.4, except for two- story buildings in Seismic Design Category D 2, in which all braced wall panels, interior and exterior, shall be supported on continuous foundations.
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42 Exception: Two-story buildings shall be permitted to have interior braced wall panels supported on continuous foundations at intervals not exceeding 50 feet (15 240 mm) provided that:
1. The height of cripple walls does not exceed 4 feet (1219 mm).
2. First-floor braced wall panels are supported on doubled floor joists, continuous blocking or floor beams.
3. The distance between bracing lines does not exceed twice the building width measured parallel to the braced wall line.
SECTION IB-43. Figure R403.1(2) of Volume IB of the Glendale Building and Safety Code, 2023, regarding permanent wood foundation basement wall section, is hereby repealed.
SECTION IB-44. Figure R403.1(3) of Volume IB of the Glendale Building and Safety Code, 2023, regarding permanent wood foundation crawl space section, is hereby repealed.
SECTION IB-45. Section R403.1.3.6 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R403.1.3.6 Isolated concrete footings. In detached one- and two-family dwellings located in Seismic Design Category A, B, or C, that are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.
SECTION IB-46. Sec tion R403.1.5 of Volume IB of the Glenda le Building and Safety Code, 2023, is hereby amended to read as follows:
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43 R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding one unit vertical in 10 units horizontal (10 - percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in 10 units horizontal (10-percent slope).
For structures assigned to Seismic Design Categories D0, D1 or D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be place at the top and bottom of the footings as shown in Figure R403.1.5.
FIGURE R403.1.5
STEPPED FOOTING
SECTION IB-47. Section R404.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1 or D2. 303 of 818
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44 R404.2.1 Identification. Load-bearing lumber shall be identified by the grade mark of a lumber grading or inspection agency which has been approved by an accreditation body that complies with DOC PS 20. In lieu of a grade mark, a certificate of inspection issued by a lumber grading or inspection agency meeting the requirements of this section shall be accepted. Wood structural panels shall conform to DOC PS 1 or DOC PS 2 and shall be identified by a grade mark or certificate of inspection issued by an approved agency.
R404.2.2 Stud size. The studs used in foundation walls shall be 2-inch by 6-inch (51 mm by 152 mm) members. When spaced 16 inches (406 mm) on center, a wood species with an Fb value of not less than 1,250 pounds per square inch (8619 kPa) as listed in ANSI AWC NDS shall be used. When spaced 12 inches (305 mm) on center, an Fb of not less than 875 psi (6033 kPa) shall be required.
R404.2.3 Height of backfill. For wood foundations that are not designed and installed in accordance with AWC PWF, the height of backfill against a foundation wall shall not exceed 4 feet (1219 mm). When the height of fill is more than 12 inches (305 mm) above the interior grade of a crawl space or floor of a basement, the thickness of the plywood sheathing shall meet the requirements of Table R404.2.3.
R404.2.4 Backfilling. Wood foundation walls shall not be backfilled until the basement floor and first floor have been constructed or the walls have been braced. For crawl space construction, backfill or bracing shall be installed on the interior of the walls prior to placing backfill on the exterior.
R404.2.5 Drainage and dampproofing. Wood foundation basements shall be drained and dampproofed in accordance with Sections R405 and R406, respectively. 304 of 818
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45 R404.2.6 Fastening. Wood structural panel foundation wall sheathin g shall be attached to framing in accordance with Table R602.3(l) and Section R402.1.1.
SECTION IB-48. Section R501.1 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R501.1 Application. The provisions of this chapter shall control the design and construction of the floors for buildings, including the floors of attic spaces used to house mechanical or plumbing fixtures and equipment. Mechanical or plumbing fixtures and equipment shall be attached (or anchored) to the structure in accordance with Section R301.2.2.11.
SECTION IB-49. Section R503.2.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R503.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms with a dimension perpendicular to the joist that is greater than 4 feet (1.2 m) shall be constructed in accordance with Figure R503.2.4.
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46 SECTION IB-50. Figure R503.2.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added as follows:
FIGURE R503.2.4
OPENINGS IN HORIZONTAL DIAPHRAGMS
a. Blockings shall be provided beyond headers.
b. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by 1.5 inches (38 mm) wide with eight 16d common nails on each side of the header-joist intersection. The metal ties shall have a minimum yield of 33,000 psi (227 MPa). c. Openings in diaphragms shall be further limited in accordance with Section R301.2.2.2.6.
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47 SECTION IB-51. Section R503.3 of Volume IB of the Glendale Building and Safety Code, 2023, regarding particleboard, is hereby repealed.
R503.3 Particleboard.
R503.3.1 Identification and grade. Particleboard shall conform to ANSI A208.1 and shall be so identified by a grade mark or certificate of inspection issued by an approved agency.
R503.3.2 Floor underlayment. Particleboard floor underlayment shall conform to Type PBU and shall not be less than 1/4 inch (6.4 mm) in thickness.
R503.3.3 Installation. Particleboard underlayment shall be installed in accordance with the recommendations of the manufacturer and attached to framing in accordance with Table R602.3(l).
SECTION IB-52. Table R602.3(1) of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
(TABLE ON FOLLOWING PAGE)
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48 TABLE R602.3(1)
FASTENING SCHEDULE
ITEM
DESCRIPTION OF BUILDING ELEMENTS
NUMBER AND TYPE
OF FASTENERSa, b, c
SPACING AND LOCATIONS
Roof
1 Blocking between ceiling joist, rafters or trusses to top plate or other framing below
4-8d box (2-1/2” x 0.113”) or
3-8d common (2-1/2” x 0.131”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails
Toe nail
Blocking between rafters or truss not at the wall top plates, to rafter or truss
2-8d common (2-1/2” x 0.131”); or
2-3” x 0.131” nails
Each end toe nail
2-16d common (3-1/2” x 0.162”); or
3-3” x 0.131” nails
End nail
Flat blocking to truss and web filler
16d common (3-1/2” x 0.162”); or
3” x 0.131” nails
6” o.c. face nail
2 Ceiling joist to top plate
4-8d box (2-1/2” x 0.113”) or
3-8d common (2-1/2” x 0.131”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails
Per joist, toe nail
3 Ceiling joist not attached to parallel rafter, laps over partitions (See Section R802.5.2 and Table R802.5.2)
4-10d box (3” x 0.128”) or
3-16d common (3-1/2” x 0.162”); or
4-3” x 0.131” nails
Face nail
4 Ceiling joist not attached to parallel rafter (heel joint) (See Section R802.5.2 and Table R802.5.2)
Table R802.5.2
Face nail
5 Collar tie to rafter, face nail
4-10d box (3” x 0.128”) or
3-10d common (3” x 0.148”); or
4-3” x 0.131” nails
Face nail each rafter
6 Rafter or roof truss to plate
3-16d box (3-1/2” x 0.135”) or
3-10d common (3” x 0.148”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails
2 toe nails on one side and 1 toe
nail on opposite side of each rafter
or truss
7 Roof rafters to ridge, valley or hip rafters or roof rafter to minimum 2” ridge beam
4-16d box (3-1/2” x 0.135”) or
3-10d common (3” x 0.148”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails
Toe nail
3-16d box (3-1/2” x 0.135”) or
2-16d common (3-1/2” x 0.162”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails
End nail
Wall
8 Stud to stud (not at braced wall panels)
16d common (3-1/2” x 0.162”) 24” o.c. face nail
10d box (3” x 0.128”); or
3” x 0.131” nails
16” o.c. face nail
9 Stud to stud and abutting studs at intersecting wall corners (at braced wall panels)
16d box (3-1/2” x 0.135”); or
3” x 0.131” nails
12” o.c. face nail
16d common (3-1/2” x 0.162”) 16” o.c. face nail
10 Built-up header (2” to 2” header with ½” spacer
16d common (3-1/2” x 0.162”) 16” o.c. each edge face nail 16d box (3-1/2” x 0.135”) 12” o.c. each edge face nail
11 Continuous header to stud
5-8d box (2-1/2” x 0.113”) or
4-8d common (2-1/2” x 0.131”); or
4-10d box (3” x 0.128”); or
Toe nail
12 Adjacent full-height stud to end of header
4-16d box (3-1/2” x 0.135”) or
3-16d common (3-1/2” x 0.162”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails
End nail
13 Top plate to top plate
16d common (3-1/2” x 0.162”) 16” o.c. face nail
10d box (3” x 0.128”); or
3” x 0.131” nails
12” o.c. face nail
14 Double top plate splice
8-16d common (3-1/2” x 0.162”) or
12-16d box (3-1/2” x 0.135”); or
12-10d box (3” x 0.128”); or
12-3” x 0.131” nails
Face nail on each side of end joint
(minimum 24” lap splice length
each side of end joint)
(Continued)
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49 TABLE R602.3(1) - continued
FASTENING SCHEDULE
ITEM
DESCRIPTION OF BUILDING ELEMENTS
NUMBER AND TYPE
OF FASTENERSa, b, c
SPACING AND LOCATIONS
Roof
15 Bottom plate to joist, rim joist, band joist or
blocking (not at braced wall panels)
16d common (3-1/2” x 0.162”) 16” o.c. face nail
16d box (3-1/2” x 0.135”); or
3” x 0.131” nails
12” o.c. face nail
16 Bottom plate to joist, rim joist, band joist or
blocking (at braced wall panels)
3-16d box (3-1/2” x 0.135”) or
2-16d common (3-1/2” x 0.162”); or
4-3” x 0.131” nails
16” o.c. face nail
17 Top of bottom plate to stud
4-8d box (2-1/2” x 0.113”) or
3-16d box (3-1/2” x 0.135”) or
4-8d common (2-1/2” x 0.131”); or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails
Toe nail
3-16d box (3-1/2” x 0.135”); or
2-16d common (3-1/2” x 0.162”) or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails
End nail
18 Top plates, laps at corners and intersections
3-10d common (3” x 0.148”); or
2-16d common (3-1/2” x 0.162”) or
3-3” x 0.131” nails
Face nail
19 1” brace to each stud and plate
3-8d box (2-1/2” x 0.113”) or
2-8d common (2-1/2” x 0.131”); or
2-10d box (3” x 0.128”); or
2 staples 1-3/4”
Face nail
20k
1” x 6” sheathing to each bearing
3-8d box (2-1/2” x 0.113”) or
2-8d common (2-1/2” x 0.131”); or
2-10d box (3” x 0.128”); or
2 staples, 1” crown, 16 ga., 1-3/4” long
Face nail
21k
1” x 8” and wider sheathing to each bearing
3-8d box (2-1/2” x 0.113”) or
3-8d common (2-1/2” x 0.131”); or
3-10d box (3” x 0.128”); or
3 staples, 1” crown, 16 ga., 1-3/4” long
Face nail
Wider than 1” x 8”
4-8d box (2-1/2” x 0.113”) or
3-8d common (2-1/2” x 0.131”); or
3-10d box (3” x 0.128”); or
4 staples, 1” crown, 16 ga., 1-3/4” long
Floor
22 Joist to sill, top plate or girder
4-8d box (2-1/2” x 0.113”) or
3-8d common (2-1/2” x 0.131”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails
Toe nail
23 Rim joist, band joist or blocking to sill or top
plate (roof applications also)
4-8d box (2-1/2” x 0.113”) 4” o.c. toe nail
8d common (2-1/2” x 0.131”); or
10d box (3” x 0.128”); or
3” x 0.131” nails
6” o.c. toe nail
24k
1” x 6” subfloor or less to each joist
3-8d box (2-1/2” x 0.113”) or
2-8d common (2-1/2” x 0.131”); or
3-10d box (3” x 0.128”); or
2 staples, 1” crown, 16 ga., 1-3/4” long
Face nail
(Continued)
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50 TABLE R602.3(1) - continued
FASTENING SCHEDULE
ITEM
DESCRIPTION OF BUILDING ELEMENTS
NUMBER AND TYPE
OF FASTENERSa, b, c
SPACING AND LOCATIONS
Roof
25 2” subfloor to joist or girder
16d box (3-1/2” x 0.135”); or
2-16d common (3-1/2” x 0.162”)
Blind and face nail
26 2” planks (plank & beam – floor & roof)
3-16d box (3-1/2” x 0.135”) or
2-16d common (3-1/2” x 0.162”)
At each bearing, face nail
27 Band or rim joist to joist
3-16d common (3-1/2” x 0.162”) or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails; or
4-3 x 14 ga. staples, 7/16” crown
End nail
28 Band or rim joist to joist
20d common (4” x 0.192”); or
Nail each layer as follows: 32” o.c.
At top and bottom and staggered.
10d box (3” x 0.128”); or
3” x 0.131” nails; or
24” o.c. face nail at top and bottom
Staggered on opposite sides.
And:
2-20d common (4” x 0.192”); or
3-10d box (3” x 0.128”); or
3-3” x 0.131” nails
Face nail at ends and at each splice
29 Ledger strip supporting joists or rafters
4-16d box (3-1/2” x 0.135”) or
3-16d common (3-1/2” x 0.162”) or
4-10d box (3” x 0.128”); or
4-3” x 0.131” nails
Face nail at ends and at splice
30 Bridging or blocking to joist, rafter or truss
2-10d box (3” x 0.128”); or
2-8d common (2-1/2” x 0.131”); or
2-3” x 0.131” nails
Each end, toe nail
ITEM
DESCRIPTION
OF BUILDING ELEMENTS
NUMBER AND
TYPE OF FASTENERa, b, c
SPACING OF FASTENERS
Edges
(Inches)h
Intermediate
Supports c, a
(inches)
Wood structural panels, subfloor, roof and interior wall sheathing to framing and particleboard wall sheathing to framing [see Table R602.3(3) for wood structural panel exterior wall sheathing to wall framing]
31 3/8” – ½”
6d common or deformed
(2” x 0.113” x 0.266 head); or
2-3/8” x 0.113 x 0.266” head nail
(subfloor, wall)J
6 6f
8d comm,on (2-1/2” x 0.131”) nail (roof); or
RSRS-01(2-3/8” X 0.113”) nail (roof)J
6 6f
32 19/32” – 3/4”
8d common (2-1/2” x 0.113”) nail
(subfloor, wall)
6 12f
8d common (2-1/2” x 0.131”) nail (roof); or
RSRS-01; (2-3/8” X 0.113”) nail (roof)J
6 6f
Deformed 2-3/8” x 0.113” x 0.266” head
(wall or subfloor)
6 12
33 7/8 – 1-1/4
10d common (3” x 0.148”) nail; or
(2-1/2” x 0.131” x 0.281” head) deformed nail
6 12
Other wall sheathing
34k
½” structural cellulosic fiberboard
sheathing
1-1/2” x 0.120” galvanized roofing nail,
7/16” head diameter, or
1-1/4” long 16 ga. staple with 7/16” or 1” crown
3 6
35k
25/32” structural cellulosic
fiberboard sheathing
1-3/4” x 0.120”galvanized roofing nail,
7/16” head diameter, or
1-1/2” long 16 ga. Staple with 7/16” or 1” crown
3 6
36k
½” gypsum sheathingd
1-1/2” x 0.120” galvanized roofing nail;
7/16” head diameter, or 1-1/4” long 16 ga;
staple galvanized, 1-1/2” long; 7/16” or 1” crown or
1-1/4” screws, Type W or S
7 7
37k
5/8” gypsum sheathingd
1-3/4” galvanized roofing nail; 7/16” head diameter,
or 1-1/4” long, 16 ga.;
staple galvanized, 1-1/2” lopng; 7/16” or 1” crown or
1-1/4” screws, Type W or S
7 7
Wood structural panels, combination subfloor underlayment to framing
38 ¾” and less
6 d deformed (2” x 0.120”) nail; or
8d common (2-1/2” x 0.131”) nail
6 12
39 7/8” – 1”
8d common (2-1/2” x 0.131”) nail; or
8d deformed (2-1/2” x 0.120”) nail
6 12
40 1-1/8” – 1-1/4”
10d common (3” x 0.148”) nail; or
8d deformed (2-1/2” x 0.120”) nail
6 12
For SI: 1 inch = 25.4 mm. 1 foot = 304.8 mm 1 mile per hour = 0.447 m/s; 1 ksi = 6.895 MPa. (Continued)
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51 TABLE R602.3(1) - continued
FASTENING SCHEDULE
a. Nails are smooth -common, box or deformed shanks except where otherwise stated. Nails used for framing and sh eathing connections are carbon steel and shall have minimum average bending yield strengths as shown: 80 ksi for shank diameter of
0.192 inch (20d common nail), 90 ksi for shank diameters larger than 0.142 inch but not larger than 0.177 inch, and 100 ksi f or shank diameters of 0.142 inch or less. Connections using nails and staples of other materials, such as stainless steel, shall be designed by accepted engineering practice or approved under Section R104.11. b. RSRS-01 is a Roof Sheathing Ring Shank nail meeting the specifications in ASTM F1667. c. Nails shall be spaced at not more than 6 inches on center at all supports where spans are 48 inches or greater. d. Four-foot by 8-foot or 4-foot by 9-foot panels shall be applied vertically. e. Spacing of fasteners not included in this table shall be based on Table R602.3(2). f. For wood structural panel roof sheathing attached to gable end roof framing and to intermediate supports within 48 inches of roof edges and ridges, nails shall be spaced at 4 inches on center where the ultimate design wind speed is less than 130 mph in Exposure B or greater than 110 mph in Exposure C.
g. Gypsum sheathing shall conform to ASTM C1396 and shall be installed in accordance with ASATM 1280 or GA 253. Fiberboard sheathing shall conform to ASTM C208.
h. Spacing of fasteners on floor sheathing panel edges applies to panel edges supported by framing members and required blocking and at floor perimeters only. Spacing of fasteners on roof sheathing panel edges applies to panel edges supported by framing members and required blocking. Blocking of roof or floor sheathing panel edges perpendicular to the framing members need not be provided except as required by other provisions of this code. Floor perimeter shall be supported by framing members or solid blocking.
i. Where a rafter is fastened to an adjacent parallel ceiling joist in accordance with this schedule, provide two toe nails on one side of the rafter and toe nails from the ceiling joist to top plate in accordance with this schedule. The toe nail on the opposite side of the rafter shall not be required.
j. RSRS-01 is a Roof Sheathing Ring Shank nail meeting the specifications in ASTM F1667. k. Use of staples in roof, floor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
SECTION IB-53. Section R602.3.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R602.3.2 Top plate. Wood stud walls shall be capped with a double top plate installed to provide overlapping at corners and intersections with bearing partitions. End joints in top plates shall be offset at least 24 inches (610 mm). Joints in plates need not occur over studs.
Plates shall be not less than 2-inches (51 mm) nominal thickness and have a width not less than the width of the studs.
Exception: A In other than Seismic Design Category D0, D1 or D2, a single top plate used as an alternative to a double top plate shall comply with the following:
1. The single top plate shall be tied at corners, intersecting walls, and at in-line splices in straight wall lines in accordance with Table R602.3.2.
2. The rafters or joists shall be centered over the studs with a tolerance of not more than 1 inch (25mm).
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52 3. Omission of the top plate is permitted over headers where the headers are adequately tied to adjacent wall sections in accordance with Table R602.3.2.
SECTION IB-54. Table R602.3.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
SECTION IB-55. Table R602.3(2) of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
(TABLE ON FOLLOWING PAGE)
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54 Notes to Table R602.3(2):
For SI: 1 inch =25.4 mm
a. Nail is a general description and may be T-head, modified round head or round
head.
b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category Do, D1, or D2.
c. Nails or staples shall be spaced at not more than 6 inches on center at all supports where spans are 48 inches or greater. Nails or staples shall be spaced at not more than 12 inches on center at intermediate supports for floors. d. Fasteners shall be placed in a grid pattern throughout the body of the panel. e. For 5-ply panels, intermediate nails shall be spaced not more than 2 inches on center each way.
f. Hardboard underlayment shall conform to ANSI/AHA A135.4. g. Specified alternate attachments for roof sheathing shall be permitted where the ultimate design wind speed is less than 130 mph. fasteners attaching wood structural panel roof sheathing to gable end wall framing shall be installed using the spacing listed for panel edges.
h. Fiber-cement underlayment shall conform to ASTM C1288 or ISO 8336, Category C.
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55 SECTION IB-56. Section R602.10.2.3 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R602.10.2.3 Minimum number of braced wall panels. Braced wall lines with a length of 16 feet (4877 mm) or less shall have not less than two braced wall panels of any length or one braced wall panel equal to 48 inches (1219 mm) or more. Braced wall lines greater than 16 feet (4877 mm) shall have not less than two braced wall panels. No braced wall panel shall be less than 48 inches in length in Seismic Design Category D0, D1, or D2.
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56 SECTION IB-57. TABLE R602.10.3(3) of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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57 a. Linear interpolation shall be permitted.
b. Interpolation of bracing length between the Sds values associated with the seismic design categories shall be permitted when a site-specific Sds value is determined in accordance with Section 1613.2 of the California Building Code.
c. Where the braced wall line length is greater than 50 feet, braced wall lines shall be permitted to be divided into shorter segments having lengths of 50 feet or less, and the amount of bracing within each segment shall be in accordance with this table.
d. Method LIB shall have gypsum board fastened to not less than one side with nails or screws in accordance with Table R602.3(1) for exterior sheathing or Table R702.3.5 for interior gypsum board.
Spacing of fasteners at panel edges shall not exceed 8 inches. e. Methods PFG and CS-SFB do not apply in Seismic Design Categories D0, D1 and D2. f. Method PFH, PFGH and ABW are only permitted on a single story or a first of two stories. g. Where more than one bracing method is used, mixing methods shall be in accordance with Section R602.10.4.1.
h. One- and two- family dwellings in Seismic Design Category D2 exceeding two stories shall be designed in accordance with accepted engineering practice.
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58 SECTION IB-58. TABLE R602.10.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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59 a. Adhesive attachment of wall sheathing, including Method GB, shall not be permitted in Seismic Design Categories C, D0, D1 and D2.
b. Applies to panels next to garage door opening where supporting gable end wall or roof load only. Shall only be used on one wall of the garage. In Seismic Design Categories D0, D1 and D2, roof covering dead load shall not exceed 3 psf. c. Garage openings adjacent to a Method CS-G panel shall be provided with a header in accordance with Table R602.7(1). A full-height clear opening shall not be permitted adjacent to a Method CS-G panel. d. Method CS-SFB does not apply in Seismic Design Categories D0, D1 and D2. e. Method applies to detached one- and two- family dwellings in Seismic Design Categories D0 through D2 only. f. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1 and D2. Methods LIB, DWB, SFB, PBS, HPS, and PFG are not permitted in SDC D0, D1 and D2. g. Use of stapes in braced wall panels shall be prohibited in SDC D0, D1 and D2.
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60 SECTION IB-59. TABLE R602.10.5 of Volume IA of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
TABLE R602.10.5
MINIMUM LENGTH OF BRACED WALL PANELS
METHOD
(See Table R602.10.4)
MINIMUM LENGTHa
(inches)
CONTRIBUTING LENGTH
(inches) Wall Height
8 feet 9 feet 10 feet 11 feet 12 feet
DWB, WSP, SFB, PBS, PCP, HPS, BV-WSP 48 48 48 53 58 Actualb GB 48 48 48 53 58 Double sided = Actual
Single sided = 0.5 × Actual
LIB 55 62 69 NP NP Actualb
ABW
SDC A, B and C, ultimate
design
wind speed < 140 mph
28 32
34 38
42 48 SDC D0, D1 and D2, ultimate
design
wind speed < 140 mph
32 32
34 NP
NP
CS-G 24 27 30 33 36 Actualb
CS-WSP, CS-SFB
Adjacent clear opening height
(inches)
≤ 64 24 27 30 33 36
Actualb
68 26 27 30 33 36
72 27 27 30 33 36
76 30 29 30 33 36
80 32 30 30 33 36
84 35 32 32 33 36
88 38 35 33 33 36
92 43 37 35 35 36
96 48 41 38 36 36
100 — 44 40 38 38
104 — 49 43 40 39
108 — 54 46 43 41
112 — — 50 45 43
116 — — 55 48 45
120 — — 60 52 48
124 — — — 56 51
128 — — — 61 54
132 — — — 66 58
136 — — — — 62
140 — — — — 66
144 — — — — 72
METHOD
(See Table 602.10.4)
Portal header height
8 feet 9 feet 10 feet 11 feet 12 feet
PFH Supporting roof only 16 24 16 24 16 24 Note c Note c 48 Supporting one story and roof 24 24 24 Note c Note c PFG 24 27 30 Note d Note d 1.5 × Actualb
CS-PF SDC A, B and C 16 18 20 Note e Note e 1.5 × Actualb SDC D0, D1 and D2 16 24 18 24 20 24 Note e Note e Actualb
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61 For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s.
NP = Not Permitted.
a. Linear interpolation shall be permitted.
b. Use the actual length where it is greater than or equal to the minimum length. c. Maximum header height for PFH is 10 feet in accordance with Figure R602.10.6.2, but wall height shall be permitted to be increased to 12 feet with pony wall. d. Maximum header height for PFG is 10 feet in accordance with Figure R602.10.6.3, but wall height shall be permitted to be increased to 12 feet with pony wall. e. Maximum header height for CS-PF is 10 feet in accordance with Figure R602.10.6.4, but wall height shall be permitted to be increased to 12 feet with pony wall.
SECTION IB-60. Figure R602.10.6.1 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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62 SECTION IB-61. Figure R602.10.6.2 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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63 SECTION IB-62. Figure R602.10.6.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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64 SECTION IB-63. Section R606.4.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R606.4.4 Parapet walls. Unreinforced solid masonry parapet walls shall be not less than 8 inches (203 mm) thick and their height shall not exceed four times their thickness.
Unreinforced hollow unit masonry parapet walls shall be not less than 8 inches (203 mm) thick, and their height shall not exceed three times their thickness. Masonry parapet walls in areas subject to wind loads of 30 pounds per square foot (1.44 kPa) or located in Seismic Design Category D 0, D1 or D2, or on townhouses in Seismic Design Category C shall be reinforced in accordance with Section R606.12.
SECTION IB-64. Section R606.12.2.2.3 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R606.12.2.2.3 Reinforcement requirements for masonry elements. Masonry elements listed in Se ction R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11(2) R606.11(2) and in accordance with the following:
1. H orizontal reinforcement. Horizontal joint reinforcement shall consist of not less than two longitudinal W1.7 wires spaced not more than 16 inches (406 mm) for walls greater than 4 inches (102 mm) in width and at least one longitudinal W1.7 wire spaced not more than 16 inches (406 mm) for walls not exceeding 4 inches (102 mm) in width; or not l east one No. 4 bar spaced not more than 48 inches (1219 mm). Where two longitudinal wires of joint reinforcement are used, the space between these wires shall be the widest that the mortar joint will 324 of 818
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65 accommodate. Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.
2. V ertical reinforcement. Vertical reinforcement shall consist not less than one No. 4 bar spaced not more than 48 inches (1219 mm). Vertical reinforcement shall be within 16 8 inches (406 203 mm) of the ends of masonry walls.
SECTION IB-65. Section R803.2.4 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added as follows:
R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.
SECTION IB-66. Section R902.1 of Volume 1B of the Glendale Building and Safety Code, 2023 is hereby amended to read as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A and B or C roofing shall be installed in areas designated by this section or where the edge of the roof is less than 3 feet (914 mm) from a lot line. Class A and B and C roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E108. The roof -covering assembly includes the roof deck, underlayment, interlayment, insulation and covering which is assigned a roof covering classification. No wood roof covering material shall be installed. See Section R337 for roofing requirements in Wildland Urban Interface Fire Areas (also known as High Fire Hazard Areas).
Exceptions:
1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.
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66 2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncom bustible decks.
3. Class A roof assemblies include minimum 16 ounces per square foot copper sheets installed over combustible decks.
4. Class A roof assemblies include slate installed over underlayment over combustible decks.
SECTION IB-67. Section R902.1.2 of Volume 1B of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R902.1.2 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one- year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire- retardant roof covering that is at least Class C B. No wood roof covering shall be installed.
SECTION IB-68. Section R902.4 of Volume 1B of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R902.4 Rooftop-mounted photovoltaic (PV) panel systems. Rooftop-mounted photovoltaic (PV) panel systems installed on or above the roof covering shall be tested, listed and identified with a fire classification in accordance with UL 2703. Listed systems shall be installed in accordance with the manufacturer’s installation instructions and their listing. Class A, or B or C photovoltaic panels and modules shall be installed in 326 of 818
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67 jurisdictions designated by law as requiring their use, or where the edge of the roof is less than 3 feet (914 mm) from a lot line.
SECTION IB-69. Section R905.3.7 of Volume 1B of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
R905.3.7 Application. Tile shall be applied in accordance with this chapter and the manufacturer's installation instructions, based on the following:
1. Climatic conditions.
2. Roof slope.
3. Underlayment system.
4. Type of tile being installed.
Clay and concrete roof tiles shall be fastened in accordance with this section and the manufacturer's installation instructions. Perimeter tiles shall be fastened with not less than one two fasteners per tile. Tiles with installed weight less than 9 pounds per square foot (0.4 kg/m2) require not less than one two fasteners per tile regardless of roof slope.
Clay and concrete roof tile attachment shall be in accordance with the manufacturer's installation instructions where applied in areas where the ultimate design wind speed exceeds 130 miles per hour (58 m/s) and on buildings where the roof is located more than 40 feet (12 192 mm) above grade. In areas subject to snow, not less than two fasteners per tile are required. In other areas, clay and concrete roof tiles shall be attached in accordance with Table R905.3.7.
SECTION IB-70. Table R905.3.7 of Volume 1B of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows:
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68 TABLE R905.3.7
CLAY AND CONCRETE TILE ATTACHMENT
SHEATHING
ROOF SLOPE
NUMBER OF
FASTENERS
Solid without battens All One Two per tile
Spaced or solid with
battens and slope
<5:12
Fasteners not required
_
Spaced sheathing
without battens 5:12 < slope < 12:12 One Two per tile/every other row
12:12 < slope < 24:12 One Two per tile
SECTION IB-71. Section R908.7 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby added to read as follows:
R908.7 Roof sheathing. When finish roofing material is removed to the existing space sheathing, a minimum of 3/8 inch (9 mm) thick plywood sheathing shall be installed.
See Section R337 for roof coverings permitted in the Wildland Urban Interface Fire Areas (also known as High Fire Hazard Areas). The new sheathing shall comply with the requirements of Section R803. The sheathing shall be installed such that the edges align over rafters and individual spaced sheathing boards. The sheathing shall be attached to the existing spaced sheathing with 6d common nails at 6 inches (147 mm) on center at supported edges and 6d common nails at 12 inches (294 mm) on center at intermediate supports.
SECTION IB-72. Section R918.1.7 of Volume IB of the Glendale Building Code, 2023, is hereby added to read as follows:
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69 R918.1.7 Structural fire-resistance. The structural frame and roof construction supporting the load imposed upon the roof by the photovoltaic panels/modules shall comply with the requirements of Table R302.1(1), R302.1(2) and Table R302.6.
SECTION IB-73. Section R1001.3.1 of Volume IB of the Glendale Building and Safety Code, 2023, is hereby amended to read as follows: