ADDENDUM TO MITIGATED NEGATIVE DECLARATION REVISIONS TO
THE ADVERTISING SIGNAGE OVERLAY ZONE (ASOZ)
The Advertising Signage Overlay Zone (ASOZ) is located in areas of the City designated Downtown Specific Plan (DSP) and within the boundaries of the Central Glendale Redevelopment Project Area, and specifically covering those commercial areas commonly known as The Americana at Brand and Galleria I and Galleria Il shopping malls.
The existing ASOZ area is bounded by West Broadway to the north, South Brand Boulevard to the east, Colorado Street to the south and South Columbus Street to the west.
INTRODUCTION
On March 23, 2010, the City Council approved the ASOZ and adopted a Final Mitigated Negative Declaration (MND) for t he project. Council's approval included both zone text and map amendments. Specifically, Glendale Municipal Code Chapter 30.26 Advertising Signage Overlay Zone (ASOZ) was added and which established criteria by which a geographic area could be designated as an ASOZ as well as certain regulations for signs allowed by the ASOZ. The City's zone map was also amended to place the overlay zone on the Galleria and Town Center districts of the Downtown Specific Plan (DSP) and identified areas where ASOZ signs could be installed.
In 2013, the City Council approved minor amendments to the text of the ASOZ as well as the City's zone map to allow certain additional permitted sign types and locations. In connection with these amendments, the City prepared an addendum to the MND that determined that no new or different environmental effects would occur as a result of the adoption of the amendments, and that the 2013 minor amendments consisted of minor technical changes to the MND (2013 Addendum).
The current proposal is to further amend the text of the ASOZ to allow animated signs to be ground signs and marquee signs and to allow them to be ASOZ non-accessory signs. The purpose of this addendum (2022 Addendum) is to evaluate the proposed revisions.
DISCUSSION OF PROJECT CHANGES
Previously approved project
The ASOZ establishes criteria by which a geographic area could be designated as an ASOZ and contains certain regulations for signs allowed by the ASOZ. These regulations initially included that only "ASOZ accessory signs" b e permitted. ASOZ regulations required these signs to be wall signs and prohibited animated signs and the use of light emitting diodes (LED)
The ASOZ was revised in 2013 to permit both "ASOZ accessory signs" and "ASOZ nonaccessory signs" of a variety of s ignage types, including wall signs, animated signs, banner signs, ground signs, and marquee signs — all of which were located at existing approved sign locations. These regulations also included applicable size, material, and location criteria for each sign type.
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Proposed project
The requested amendments to the ASOZ sign regulations include.
Expand the types of signs that can be animated signs to include freestanding signs and marquee signs, in addition to the currently allowed wall signs — all of which are at existing sign approved locations within The Americana at Brand.
Expand the types of signs that can be "ASOZ non -accessory signs" to include freestanding signs and marquee signs, in addition to the currently allowed wall signs.
Add a definition of freestanding sign.
Amend regulations for animated signs to allow the for moving images.
Amend and clarify maximum size standards for freestanding signs.
Amend and clarify maximum size standards for marquee signs.
State CEQA Guidelines
Pursuant to Title 14 of th e California Code of Regulations (CCR) Section 15162, Subsequent Negative Declarations, subsection (a), when a negative declaration has been adopted for a project, no subsequent negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects,
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous negative declaration; or
(B) Significant effects previously examined will be substantially more severe than shown in the previous negative declaration;
Section 15164 of Title 14 CCR allows for the preparation of an addendum to the previously adopted Mitigated Negative Declaration i f some changes are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent negative declaration have occurred.
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This Addendum concludes that the proposed zone text amendment will not result in any of the c ircumstances requiring a subsequent or supplemental MND to be prepared because.
(1) No substantial changes are proposed, or have occurred, in the approved project, which will require major revisions to the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (2) No substantial changes are proposed or have occurred with respect to the circumstances under which the project is undertaken that will require major revisions of the previously adopted MND or 2013 Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) No new information as defined by Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 related to the approved project results in any new or more severe significant effects not discussed or shown in the previously adopted MND or 2013 Addendum.
ENVIRONMENTAL ANALYSIS
Aesthetics
As analyzed in Section A of the MND and the 2013 Addendum, significant impacts to aesthetics are identified and mitigation measures were incorporated into the project to reduce these impacts to less than significant levels. Currently proposed amendments to the ASOZ would allow the existing freestanding signs and marquee signs to be animated signs and allow those existing signs to be non-accessory signs — meaning they will be permitted to advertise goods and services not accessory to the site where the signs are located.
Scenic vistas in the City are limited to long distance views along the major north/south streets toward the Verdugo Mountains, San Gabriel mountains and San Rafael Hills and the ridgelines of those mountains. The proposed text amendment provides standards for the existing free standing signs that restricts their size to no more than 40 square feet and restricts the locations of such signs to be at least 50 feet from such street right- of-ways. It will also restrict the locations of marquee signs to be not visible from a street right-of-way (which is already the existing condition) if the marquee is animated such that it contains a sequence of progressive changes of parts by either action or motion.
The freestanding signs and marquee signs are not (and will not) be readily visible from such streets, and north/south street corridor vistas would not be adversely impacted because these signs are internal to the existing Americana at Brand site.
The ASOZ overlay can only be located in the Downtown Specific Plan area, within the boundaries of the Central Glendale Redevelopment Area and must be devoted to intense retail, restaurant and theater uses containing a minimum of 1 square feet of gross area of those uses. Given the development parameters prerequisite to application of an ASOZ, the project will not damage scenic resources, including trees or rock outcroppings as there are none within or in the vicinity of the Project. Further, the City does not contain a state scenic highway and, therefore, the project will not damage historic buildings within a scenic highway.
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Additionally, there are currently no historic buildings located within the ASOZ. The City has no zoning or other regulations which govern scenic quality. Accordingly, the text changes proposed would not degrade the visual character or quality of the site, particularly given constraints on the sizes and locations of the signs and the existing ASOZ standard for animated signs that requires maximum brightness levels not exceed ambient light levels. The proposed text amendment enabling freestanding and marquee signs to be animated would require compliance with these standards. As a result, no new source of light or glare would adversely affect day or nighttime views. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Agricultural and Forestry Resources
As analyzed in Section B of the MND and the 2013 Addendum, no impacts to agricultural resources are identified and no mitigation measures are required.
Furthermore, the ASOZ regulations are intended to apply to certain densely developed commercial areas within the City, where no forest land or timberland exists. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Air Quality
As analyzed in Section C of the MND and the 2013 Addendum, no significant impacts to air quality are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents. Here, the proposed modifications to the ASOZ standards to not expand the number or location of signs and therefor do not involve construction activities that might impact air quality.
Biological Resources
As analyzed in Section D of the MND and the 2013 Addendum, no impacts to biological resources are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents because there are no biological resources within the project area.
Cultural Resources
As analyzed in Section E of the MND and the 2013 Addendum, no impacts to cultural resources are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents because there are still no cultural resources identified within the project area.
Energy
Pursuant to Appendix D of the State CEQA Guidelines, a project could have a potentially significant impact due to the wasteful, inefficient, or unnecessary consumption of energy resources, or due to a conflict with a state or local plan for 559 of 636
renewable energy or energy efficiency. The project proposes amendments to existing ASOZ signage regulations that involve the installation and operation of signs at existing sign locations within the Americana at Brand that would require consumption of energy resources, including electricity. If nonrenewable energy resources are used to install and operate the signs, it is expected such energy would be used efficiently during any such construction and operation activities given the financial implications of inefficient use of such resources. Furthermore, replacement signs would be designed to comply with existing Title 24 building code, energy code, and green building code standards regarding energy-efficient lighting controls and other sustainability features. The Project would permit the replacement of existing externally or internally illuminated signs with signs that may be animated. The electrical energy used to power such replacement animated signs would not be significantly greater than, and may be less than existing conditions.
Accordingly, neither the construction nor operation of signs allowed under the ASOZ regulations would represent unnecessary, inefficient, or wasteful use of energy resources. Based on compliance with the ASOZ regulations themselves — which regulate allowable light levels and image refresh rates — and compliance with the Title 24 regulations regarding energy conservation measures, the project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and no impacts would occur.
Geology and Soils
As analyzed in Section F of the MND and the 2013 Addendum, no significant impacts to geology and soils are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents as there are no cha nges to soils or geology associated with the proposed project.
Greenhouse Gas Emissions
As analyzed in the 2013 Addendum, the State of California as well as regional governmental bodies and the City have adopted laws and policies intended to reduce greenhouse gas (CHG) emissions. These efforts include Senate Bill 375, which establishes statewide GHG reduction targets; the Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (SCS), which e stablishes regional GHG reduction targets; and the City's Greener Glendale Plan, which identifies strategies to provide direction for individual development projects to reduce GHG emissions and help the City meet its GHG emission reduction targets. The current project is not an individual development project and instead consists of the proposed revision to signage regulations within the ASOZ that will impact existing signs and sign locations. The 2013 Addendum concluded that project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, and no significant impacts to GHG emissions have been identified.
With respect to the proposed project, no new or substantially greater impacts would occur with implementation of the proposed changes when compared to those identified in the previous environmental review documents.
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Hazards and Hazardous Materials
As analyzed in Section G of the MND and the 2013 Addendum, no significant impacts to hazards and hazardous materials are identified and no mitigation measures are required.
The proposed project will not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Hydrology and Water Quality
As analyzed in Section H of the MND and the 2013 Addendum, no significant impacts to hydrology and water quality are identified and no mitigation measures are required. The proposed project will not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Land Use
As analyzed in Section I of the MND and the 2013 Addendum, no significant impacts to land use are identified and no mitigation measures are required. Proposed revisions to the ASOZ will allow animated displays for freestanding signs and marquee signs along with those types of signs to contain non-accessory messages at existing sign locations — there is no expansion of use. Should the requested revisions to the ASOZ be approved, any signs approved in conformance with the ASOZ will be consistent with the city's zoning code, General Plan and applicable specific plans, including the Town Center Specific Plan (TCSP), and the Downtown Specific Plan of which the TCSP is a part. Existing ASOZ regulations regarding location, number, and illumination will continue to be applicable to such signs and will ensure the quality of the signs will be maintained and no new impacts will be created. The proposed project will not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Mineral Resources
As analyzed in Section J of the MND and the 2013 Addendum, no impacts to mineral resources are identified and no mitigation measures are required. The proposed project will not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Noise
As analyzed in Section K of the MND and the 2013 Addendum, no impacts to noise are identified and no mitigation measures are required. The proposed project would not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environment al review documents.
Population and Housing
As analyzed in Section L of the MND and the 2013 Addendum, no impacts to population and housing are identified and no mitigation measures are required. The proposed project 561 of 636
would not involve any new or substantia lly greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Public Services
As analyzed in Section M of the MND and the 2013 Addendum, no significant impacts to public services are identified and no mitigation measures are required. The proposed project would not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Recreation
As analyzed in Section N of the MND and the 2013 Addendum, no significant impacts to recreation are identified and no mitigation measures are required. The proposed project would not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Transportation
As analyzed in Section O of the MND and the 2013 Addendum, no significant impacts to traffic and transportation are identified and no mitigation measures are required.
Proposed amendments to the ASOZ would allow animated displays to be located on freestanding signs and marquee signs and allow non-accessory messages to be contained on both at existing sign locations. Given that the proposed text amendment would restrict the size and locations of such freestanding and marquee signs such that these signs would not be readily visible from nearby streets there would not be an impact associated vehicular traffic or traffic safety. In addition, existing ASOZ standards regarding restrictions on increases to existing ambient light levels would continue to apply to existing and new signs, further ensuring that any animated sign would not increase traffic hazards. The proposed project would not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those identified in the previous environmental review documents.
Tribal Cultural Resources
The ASOZ regulations regulate signage in certain densely developed commercial districts of the City that contain at least 20 acres as well as a minimum of one million square feet of intense retail, restaurant, and theater uses. S uch districts would not be expected to contain tribal resources, nor would the installation of replacement signage within existing sign locations within such districts be expected to result in any effects upon any potentially existing tribal resource. Accordingly, no impacts to tribal cultural resources would occur with implementation of the proposed project.
Utilities and Service Systems
As analyzed in Section P of the MND and the 2013 Addendum, no significant impacts to utilities and service systems are identified and no mitigation measures are required. The proposed project would not involve any new or substantially greater impacts with implementation of the proposed changes to the project when compared to those 562 of 636
identified in the previous environmental review documents. As indicated above, the existing signs already use either external and or internal illumination that uses electricity. Conversion of some existing signs to animation will involve substitution of an existing use of electricity for another therefore resulting in a diminimis change or even a reduction in energy use which will be ensured by more stringent energy use regulation in current Title 24, Green Building Code and Energy Code standards.
Wildfire
The California Department of Forestry and Fire Protection (CAL FIRE) maps areas of significant fire hazards based on fuels, terrain, weather, and other relevant factors, pursuant to Public Resources Code SS 4201-4204 and Government Code SS 51 175- 51189. These areas are referred to as Fire Hazard Severity Zones (FHSZs) and are identified for areas where the state has financial responsibility for wildland fire protection (i.e., state responsibility areas, or SRAs), and areas where local governments have financial responsibility for wildland fire protection (i.e., local responsibility areas, or LRAs). The ASOZ regulations regulate signage in an existing densely developed commercial district of the City that contain at least 20 acres as well as a minimum of one million square feet of intense retail, restaurant, and theater uses. The urban commercial district uses in the existing ASOZ are not subject to wildfire risks, and are therefore not mapped by the State as FHSZs. Accordingly, no impacts regarding wildfire would occur with implementation of the proposed project. 563 of 636
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CEQA GUIDELINES
Pursuant to Title 14 CCR Section 15162, Subsequent Negative Declarations, subsection (a), when a negative declaration has been adopted for a project, no subsequent negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed which will require major revisions of the previous negative declaration due to the involvement of new significan t environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous negative declaration,
Section 15164 of Title 14 CCR allows for the preparation of an addendum if some changes to a previously adopted negative declaration are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent negative declaration have occurred.
This Addendum concludes that the proposed zone text and zone map amendments will not result any of the circumst ances requiring a subsequent or supplemental MND. The information and analysis in this Addendum shows that:
(1) No substantial changes are proposed, or have occurred, in the approved Project, which will require major revisions to the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) No substantial changes are proposed or have occurred with respect to the circumstances under which the proj ect is undertaken that will require major revisions of the previously adopted MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(3) No new information as defined by Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 related to the approved Project results in any new or more severe significant effects not discussed or shown in the previously adopted MND.
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ENVIRONMENTAL ANALYSIS
Aesthetics
As analyzed in Section A of the MND, significant impacts to aesthetics are identified and mitigation measures were incorporated into the project to reduce these impacts to less than significant levels. Proposed amendments to the ASOZ would allow banners and ground signs. Scenic vistas in Glendale are limited to long distance views along the major streets. Given the limited number of these signs and regulations restricting their size and location, street corridor vistas would not be adversely impa cted. A mitigation measure required in the adopted mitigated negative declaration prevented signs from being viewed primarily from a pedestrian street, with limited exceptions. Certain proposed ground signs will be viewed from Brand Boulevard, a pedestrian street. The new sign types would not degrade the visual character or quality of the site given constraints on their size and location. Additionally, the purpose of many of the proposed signs is to provide directions to pedestrians. Only direct illumination of signs is permitted by the ASOZ and a technical lighting report determined that slight increases (up to I footcandle) would occur in indirect illumination resulting in a less than significant impact related to light and glare. Proposed standards for animated signs require that maximum brightness levels not exceed ambient light levels. As such, no new source of light or glare would adversely affect day or nighttime views. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Agricultural Resources
As analyzed in Section B of the MND, no impacts to agricultural resources are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Air Quality
As analyzed in Section C of the MND, no signif icant impacts to air quality are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Biological Resources
As analyzed in Section D of the MND, no impacts to biological resources ere identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the propose d changes to the project when compared to those identified in the previous environmental review document.
Cultural Resources
As analyzed in Section E of the MND, no impacts to cultural resources are identified and no mitigation measures are required. No ne w or substantiatly greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document. 565 of 636
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Geology and Soils
As analyzed in Section F of the MND, no significant impacts to geology and soils are identified and no mitigation measures are required. No new or substantially greater impacts would occur with
implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Greenhouse Gas Emissions
Greenhouse Gas (CHG) Emissions are said to result in an increase in the earth's average surface temperature commonly referred to as global warming. This rise in global temperature is associated with long-term changes in precipitation, temperature, wind patterns, and other elements of the earth's climate system, known as climate change. These changes are now broadly attributed to GHG emissions, particularly those emissions that result from the human production and use of fossil fuels.
Climate changes resulting from GHG emissions could produce an array of adverse environmental impacts including water supply shortages, severe drought, increased flooding, sea level rise, air pollution from increased formation of ground level ozone and particulate matter, ecosystem changes, increased wildfire risk, agricultural impacts, ocean and terrestrial species impacts, among other adverse effects.
In 2006, the State passed the Global Warming Solutions Act of 2006, commonly referred to as AB 32, which set the greenhouse gas emissions reduction goal for the State of California into law. The law requires that by 2020, State emissions must be reduced to 1990 levels by reducing greenhouse gas emissions from significant source s via regulation, market mechanisms, and other actions.
Senate Bill 375 (SB 375), passed in 2008, links transportation and land use planning with global warming. It requires the California Air Resources Board (ARB) to set regional targets for the purpose of reducing greenhouse gas emissions from passenger vehicles.
Under this law, if regions develop integrated land use, housing and transportation plans that meet SB 375 targets, new projects in these regions can be relieved of certain review requirements und er CEQA. The Southern California Association of Governments (SCAG) has prepared the region's Sustainable Communities Strategy (SCS), which is part of the Regional Transportation Plan (RTF)). Glendale has an adopted Greener Glendale Plan, which meets region al greenhouse gas reduction targets, as established by SCAG and adopted by the ARB. The Greener Glendale Plan uses land use development patterns, transportation infrastructure investments, transportation measures and other policies that are determined to be feasible to reduce GHG It should be noted that an individual project's CHG emissions will generally not result in direct impacts under CEQA, as the climate change issue is global in nature, however an individual project could be found to contribute to a potentially significant cumulative impact. The prqect would not result in cumulatively considerable impacts associated with GHG emissions since the project only proposes revisions to sign regulations in the ASOZ
In an effort to implement State mandates under AB32 and SB375 that address climate change in local land use planning, local land use jurisdictions are generally preparing 566 of 636
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GHG emission inventories and reduction plans and incorporating climate change policies into local General Plans to ensure development is guided by a land use plan that reduces GHG emissions. The City of Glendale adopted the Greener Glendale Plan with strategies to reduce GHGs These strategies will provide direction for individual development projects to reduce GHG emissions and help the City meet its GHG emission reduction targets.
For the reasons discussed above, the project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.
Hazards and Hazardous Materials
As analyzed in Section G of the MND, no significant impacts to hazards and hazardous materials are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Hydrology and Water Quality
As analyzed in Section H of the MND, no significant impacts to hydrology and water quality are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Land Use
As analyzed in Section I of the MM), no significant impacts to land use are identified and no mitigation measures are required. Proposed revisions to the ASOZ will allow non - accessory and animated signs and signs in the public right-of-way. These types of signs, with limited exception, a re not permitted in the city's sign regulations. Should revisions to the ASOZ be approved, signs approved in conformance with the ASOZ will be consistent with the city's zoning code. Regulations regarding location, number, illumination and image changes will ensure quality of the signs will be maintained and no new impacts will be created. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Mineral Resources
As analyzed in Section J of the MND, no impacts to mineral resources are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed cha nges to the project when compared to those identified in the previous environmental review document.
Noise
As analyzed in Section K of the MND, no impacts to noise are identified and no mitigation measures are required. No new or substantially greater impa cts would occur with 567 of 636
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implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Population and Housing
As analyzed in Section L of the MND, no impacts to population and housing are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Public Services
As analyzed in Section M of the MND, no significant impacts to public services are identified and no mitigation measures are required. No new or substantially greater impacts Would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Recreation
As analyzed in Section N of the MND, no significant impacts to recreation are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Traffic and Transportation
As analyzed in Section O of the MND, no significant impacts to traffic and transportation are identified and no mitigation measures are required. Proposed amendments to the ASOZ would allow animated signs. Proposed standards for animated signs include that images cannot change more than every eight seconds and "transition" periods occur between images not less than one second in duration. Additionally, the maximum illumination levels for animated signs will not be able to exceed ambient light levels.
These restrictions will ensure that any animated sign will not increase traffic hazards. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document.
Utilities and Service Systems
As analyzed in Section P of the MND, no significant impacts to utilities and service systems are identified and no mitigation measures are required. No new or substantially greater impacts would occur with implementation of the proposed changes to the project when compared to those identified in the previous environmental review document. 568 of 636
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9 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
(SPACE ABOVE FOR RECORDER’S USE)
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF GLENDALE
AND
THE AMERICANA AT BRAND, LLC
(ADVERTISING SIGNAGE OVERLAY ZONE)
THIS AMENDMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE §65868.5
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9 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to the Advertising Signage Overlay Zone Development Agreement (this “Amendment”) is made and entered into as of the ____ day of _____________, 2022, by and between the City of Glendale, a municipal corporation (the “City”) and The Americana at Brand, LLC, a California limited liability company (the “Owner”). City and Owner are herein collectively called the “Parties” or each individually a “Party.”
1. Recitals.
A. Owner is the owner of that certain real property in the City of Glendale, County of Los Angeles, and State of California more fully described in Exhibit “A” hereto (“Owner’s Property”) improved with buildings commonly known as The Americana at Brand (the “Buildings”). The Buildings are located within the City’s Advertising Signage Overlay Zone set forth on Glendale’s zoning map and established pursuant to the ASOZ (as defined in the Original Development Agreement).
B. City is the owner of that certain real property in the City of Glendale, County of Los Angeles, and State of California more fully described in Exhibit “B” hereto (“City Property”) improved with various open space improvements.
C. Owner and the City entered into that certain Development Agreement (Advertising Signage Overlay Zone) recorded as of March 6, 2020 as Instrument No. 20200268991 in the Official Records of Los Angeles County (the “Original Development Agreement”) in accordance with GMC Chapter 30.26.100, which requires each property owner/applicant enter into a statutory development agreement with the City prior to the issuance of permits or installation, whichever comes first, for ASOZ non-accessory signs and sign structures and animated signs and sign structures in compliance with the ASOZ regulations. All capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Original Development Agreement.
D. Owner desires to install New Permitted Sign(s) (as defined in Section 1 herein below) which were not previously addressed in the Original Development Agreement. Owner is currently generating, on average, annual gross revenue in the amount of [$_________] (the “Annual Baseline Revenue”) from signs currently located where New Permitted Signs will be located. As a result, the Parties have agreed that the fee generated from such New Permitted Signs shall be based on a percentage of the Gross Revenue generated from such signs less the amount of Annual Baseline Revenue, which amount shall be adjusted on an annual basis for inflation as more specifically described in this Amendment. In connection therewith, Owner has requested the City enter into this Amendment to the Original Development Agreement in accordance with GMC Chapter
30.26.100.
E. Significant public benefits will be provided by Owner to the entire community by promoting the purposes of the ASOZ which include, among other purposes, promoting economic development, ensuring an attractive business environment, highlighting the City’s retail and entertainment core in large-scape multi-tenant developments, creating a lively and visually exciting environment, protecting street views and vistas, protecting residents from glare and excessive illumination, and providing clear development standards. The construction, installation and maintenance of the New Permitted Sign(s), will be consistent with and will further these purposes and will generate revenues for the City and thereby further promote the health, safety and general welfare of the City and its residents. 573 of 636
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9 F. As a result, the City and Owner desire to amend the Original Development Agreement to incorporate all relevant terms and provisions applicable to the New Permitted Sign(s) as set forth herein. For purposes herein and in the Original Development Agreement, the term “Agreement” shall hereinafter refer to the Original Development Agreement as amended by this Amendment.
In exchange for these and other benefits to the City, Owner will receive the assurance that Owner may erect and operate the New Permitted Sign(s) during the applicable Term of the Agreement, subject to the terms and conditions herein contained. City has undertaken the necessary proceedings, has found and determined that this Amendment is consistent with the City’s General Plan, Downtown Specific Plan, Town Center Specific Plan (“TCSP”), ASOZ, Zoning Code and the Permitted Sign Approvals, and has adopted Ordinance No. __________, approving this Amendment. This Amendment does not supersede, nullify or amend any condition imposed in the New Permitted Sign Approvals. The terms and conditions of this Amendment have been found by the City to be fair, just and reasonable, and prompted by the unique planning considerations presented by adding interior-facing animated signage to Owner’s Property and the extraordinary benefits which will accrue to the City thereby.
NOW, THEREFORE, in consideration of the above recitals, the mutual covenants and conditions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
2.New Definitions.
A. “2022 Application” means the application submitted by Owner to the City for the New Permitted Sign Approvals.
B.“2022 Approval Ordinance” means Ordinance No. [_________], adopted by the City Council of the City of Glendale on [____________, 2022], approving this Agreement.
C. “Amendment Effective Date” means the date upon which this Amendment is recorded in the Official Records of Los Angeles County.
D. “Current Baseline Revenue” means the amount calculated by multiplying the Annual Baseline Revenue by a fraction, the numerator of which is the Index last published prior to the most recent anniversary of the Amendment Effective Date, and the denominator of which is the Index last published prior to the Amendment Effective Date.
E. “Incremental Revenue” means, for any PBA Year, the amount which is (i) the Gross Revenue generated from the New Permitted Sign(s) for such PBA Year, minus (ii) the Current Baseline Revenue (which amount shall be prorated on a day for day basis for any PBA Year that is less than 365 days).
F. “Index” means the Consumer Price Index for all Urban Consumers for the Los Angeles-Long Beach-Glendale Region, published by the United States Department of Labor, Bureau of Labor Statistics. If the base year of the Index is changed, then the calculation hereunder shall be made utilizing the appropriate conversion factor published by the Bureau of Labor Statistics (or successor agency) to reflect the base year of the Index herein specified. If no such conversion factor is published, then the Parties shall, if possible, make the necessary calculation to achieve such conversion.
If such calculation is not possible, or if publication of the Index is discontinued, or if the basis of calculating the Index is materially changed, the term “Index” shall mean 574 of 636
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9 comparable statistics on the cost of living as computed by an agency of the United States government performing a function similar to the Bureau of Labor Statistics, or, if none, by a substantial and responsible periodical or publication of recognized authority most closely approximating the result which would have been obtained using the Index.
G. “New Permitted Sign Approvals” means the discretionary actions and approvals granted by the City with respect to the 2022 Application for the New Permitted Sign(s) granted on [_________, 2022] and any modifications thereof.
H.“New Permitted Sign(s)” means “Sign” or “Signs” (as defined herein) constructed and/or operated, pursuant to the New Permitted Sign Approvals, as non-accessory Signs and Sign Structures and animated Signs and Sign Structures, within the ASOZ which pursuant to GMC section 30.26.100 are subject to the Agreement, as amended by this Amendment. The location of the New Permitted Sign(s) as of the Amendment Effective Date are depicted on Exhibit “C” attached hereto.
I. “Original Permitted Sign Approvals” means the discretionary actions and approvals granted by the City with respect to the Application for the Original Permitted Sign(s) granted on July 30, 2013 and any modifications thereof.
J.“Original Permitted Sign(s)” means “Sign” or “Signs” (as defined herein) constructed and/or operated, pursuant to the Original Permitted Sign Approvals, as non-accessory Signs and Sign Structures and animated Signs and Sign Structures, within the ASOZ which pursuant to GMC section 30.26.100 are subject to this Agreement and were the only Sign(s) addressed by the Original Development Agreement. The location of the Original Permitted Sign(s) as of the Effective Date are depicted on Exhibit “D” attached to the Original Development Agreement.
3. Amendments to the Original Development Agreement.
3.1Amended Definitions. The following definitions set forth in Section 1 of the Original Development Agreement are hereby deleted in their entirety and are amended and restated as follows:
3.1.1“Percentage Rate” means (a) with respect to the Original Permitted Sign(s), the twelve percent (12%) of the Gross Revenue applicable to the Original Permitted Sign(s) payable annually to the City during the Amortization Period, and the fifteen percent (15%) of Gross Revenue, thereafter payable annually by Owner to the City through the end of the Term, and (b) with respect to the New Permitted Sign(s), the twelve percent (12%) of the Incremental Revenue, payable annually to the City during the Amortization Period, and the fifteen percent (15%) of the Incremental Revenue, thereafter payable annually to the City through the end of the Term.
3.1.2“Permitted Sign(s)” means, collectively, the Original Permitted Sign(s) and the New Permitted Sign(s). Permitted Sign(s) shall not include any other signage approved by City for installation on the Property that is not constructed and/or operated as a Permitted Sign by the Agreement such as existing signage on the Owner’s Property that has not been converted to non- accessory Signs and/or animated Signs pursuant to Permitted Sign Approvals). Before any existing signage on the Owner’s Property is converted to a Permitted Sign, Owner must provide written notice of such 575 of 636
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9 conversion to City, regardless of whether such conversion requires a sign, building or other permit from City.
3.1.3 “Permitted Sign Approvals” means, collectively, the Original Permitted Sign Approvals and the New Permitted Sign Approvals
3.1.4 “Term” means twenty (20) years from the Amendment Effective Date. The Term may be terminated early or extended as further provided in this Agreement.
3.2Public Benefit Agreement (PBA) Fee.
3.2.1 The first sentence of Section 6.1 of the Original Development Agreement is hereby deleted in its entirety and is amended and restated as follows:
“Within thirty (30) days after the end of each PBA Year, Owner shall deliver to City (i) an itemized report of all Gross Revenue and Incremental Revenue received by Owner during the applicable PBA Year for the Permitted Sign(s) (the “Revenue Report”), which Revenue Report shall specify the Gross Revenue generated from the Original Permitted Sign(s) and the Gross Revenue generated from the New Permitted Sign(s), and (ii) Owner’s computation of the PBA Fee for the applicable PBA Year.”
3.2.2 Section 6.2 of the Original Agreement is hereby deleted in its entirety and is amended and restated as follows:
“6.2 Calculation. The PBA Fee for each PBA Year shall be calculated by adding (a) the amount derived by multiplying (i) the applicable Percentage Rate for the Original Permitted Sign(s) for the PBA Year by (ii) the total Gross Revenue derived from the Original Permitted Sign(s) for the same PBA Year, to (b) the amount derived by multiplying (x) the applicable Percentage Rate for the New Permitted Sign(s) for the PBA Year by (ii) the total Incremental Revenue derived from the New Permitted Sign(s) for the same PBA Year.”
3.3Term of Agreement. The first sentence of Section 21 of the Original Development Agreement is hereby deleted in its entirety and is amended and restated as follows:
“The Agreement shall become operative on the Effective Date and be effective for 20 years following the Amendment Effective Date.”
4. Statement of Benefits and Consideration. The parties hereto have determined that this Amendment to the Original Development Agreement is appropriate for the construction and operation of the Newly Permitted Sign(s) due to the substantial benefits to be derived therefrom. The purpose of the ASOZ includes, among other purposes, promoting economic development, ensuring an attractive business environment, highlighting the City’s retail and entertainment core in large-scale multi-tenant developments, creating a lively and visually exciting environment, protecting street views and vistas, protecting residents from glare and excessive illumination, and providing clear development standards. The construction, installation and maintenance of the New Permitted Sign(s) 576 of 636
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9 will be consistent with and will further these purposes and will generate revenues for the City and thereby further promote the health, safety and general welfare of the City and its residents. In exchange for these and other benefits to the City, Owner will receive the assurance that Owner may erect and operate the Permitted Sign(s) (including the New Permitted Sign(s)) during the applicable Term of the Agreement, subject to the terms and conditions herein contained. City has undertaken the necessary proceedings to consider and approve this Amendment, and has found and determined that this Amendment is consistent with the City’s General Plan, the Downtown Specific Plan, the TCSP, Zoning Code and the Permitted Sign Approvals, and has adopted the 2022 Approval Ordinance.
This Amendment does not supersede, nullify or amend any condition imposed in the Permitted Sign Approvals.
5. Effect of this Amendment. Except as expressly modified in this Amendment, the Agreement shall continue in full force and effect according to its terms, and the Parties hereby ratify and affirm the respective rights and obligations under the Original Development Agreement. In the event of any conflict between this Amendment on the one hand, and the Original Development Agreement on the other hand, the provisions of this Amendment shall govern.
6. Entire Agreement. The Agreement (as modified by this Amendment) and the Exhibits attached hereto represent the complete understanding and agreement between the Parties with respect to the subject matter hereof. The Agreement may not be changed orally, and may be changed only by a written amendment signed by the Parties. The Agreement will be binding upon and inure to the successors and permitted assigns of the Parties.
7. Exhibits. All Exhibits attached hereto are a part of, and incorporated in, the Agreement.
8. Counterparts. This Amendment may be executed in counterparts each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. To evidence its execution of an original counterpart of this Agreement, a Party may send a copy of its original signature on the execution page hereof to the other Party by facsimile transmission or other electronic means and that delivery will constitute delivery of an executed copy of this Agreement to the other Party. The Parties consent to the use of electronic signatures for this Agreement under the Uniform Electronic Transactions Act, if applicable and U.S. E-SIGN Act, whichever applies.
9. Binding Effect. This Amendment and all of the terms and conditions of this Amendment 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.
[SIGNATURES ON NEXT PAGE]
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9 IN WITNESS WHEREOF, the City and Owner have signed this Amendment as of the dates set forth opposite their signatures below.
“CITY”
CITY OF GLENDALE
_____________________________ Date: _______________________ Roubik Golanian,
City Manager
Approved as to Form and Content:
MICHAEL J. GARCIA, CITY ATTORNEY
By:___________________________ Date:_______________________ Gillian van Muyden,
Chief Assistant City Attorney
“OWNER”
The Americana at Brand, LLC
By: ________________________
Name: ________________________
Title: ________________________
Date: ________________________
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9 EXHIBIT “A”
OWNER PROPERTY
Parcel A
Parcel 1:
Lots 11, 15 and 19 of Tract No. 68602, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 to 63, inclusive, of Maps and Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065, of Official Records and by Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of Official Records, in the Office of the County Recorder of said County.
Excepting all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 2:
Parcel B as shown and designated on that certain Certificate of Compliance Case No. PLLA 2011-07, recorded February 2, 2012 as Instrument No. 20120192750 of Official Records, in the City of Glendale, County of Los Angeles, State of California and as more particularly described as follows:
That portion of Lot 17 of Tract No. 68602, in the City of Glendale, County of Los Angeles, State of California, as per map filed in Book 1350, Pages 45 through 63, inclusive, of Maps and Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065, of Official Records and by Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of Official Records, in the Office of the County Recorder of said County lying Northerly of the following described line:
Beginning at a point on the West line of said Lot 17, said point distant North 00□ 00' 00" East
1.85 feet from the Southwest corner of said Lot; thence Easterly, North 89□ 28' 05" East 146.33 feet to the East line of said Lot 17.
Excepting all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 3:
Lot 12 of Tract No. 68602, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 to 63 inclusive, of Map and Certificate of Correction thereof recorded June 23, 201 O as Instrument No. 20100862065, of Official Records and by Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of Official Records, in the Office of the County Recorder of said County.
Except therefrom that portion of said Lot 12 lying within Parcel A-1; Parcel B-1; Parcel A-2; Parcel B-2; Parcel A-3; Parcel B-3; Parcel A-4; and Parcel B-4, all as shown and designated on 579 of 636
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9 that certain Lot Line Adjustment Case No. PLLA 1310462, recorded June 24, 2013 as Instrument No. 20130930653 of Official Records, in the City of Glendale, County of Los Angeles, State of California.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 4:
Parcel A-1 as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310462, recorded June 24, 2013 as Instrument No. 20130930653 of Official Records, in the City of Glendale, County of Los Angeles, State of California, and as more particularly described as follows:
That portion of Lots 12 and 13 of Tract No. 68602 having an upper elevation of 541.00 feet and a lower elevation of 519.00 feet at Ground Level, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps, in the Office of the County Recorder of said County and the Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065 of Official Records of said County and the Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of said Official Records.
Except therefrom that portion lying within the following described horizontal limits:
Beginning at a point on the Northerly line of said Lot 12 distant thereon South 89° 27' 36" West
78.69 feet from the Easterly terminus of the North line shown on said Tract as having a bearing and distance of South 89° 27' 36" West 260.52 feet; thence South 0° 32' 24" East 87.30 feet; thence South 89° 27' 36" West 10.64 feet; thence South 0° 32' 24" East 3.68 feet; thence South 89° 27' 36" West 16.29 feet; thence North 0° 32' 24" West 40.06 feet; thence North 89° 27' 36" East 18.43 feet; thence North 0° 32' 24" West 50.91 feet to the North line of said Lot 12; thence Easterly along said line, North 89° 27' 36" East 8.50 feet to the point of beginning.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 5:
Parcel A-2 as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310462, recorded June 24, 2013 as Instrument No. 20130930653 of Official Records, in the City of Glendale, County of Los Angeles, State of California and as more particularly described as follows:
That portion of Lots 12 and 13 of Tract No. 68602 having an upper elevation of 554.00 feet and a lower elevation of 541.00 feet at Second Level, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps, in the Office of the County Recorder of said County and the Certificate of Correction thereof recorded June 23, 201 O as Instrument No. 20100862065 of Official Records of said 580 of 636
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9 County and the Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of said Official Records.
Except therefrom that portion lying within the following described horizontal limits:
Beginning at a point on the Westerly line of said Lot 13 being the Northerly terminus of a line shown on said Tract as having a bearing and distance of North 0° 32' 24" West 21.83 feet; thence along the Westerly, Northerly and Easterly lines of said Lot 13 the following eleven courses:
North 89° 27' 36" East 13.08 feet; thence
North 0° 32' 24" West 5.67 feet; thence
North 89° 27' 36" East 38.33 feet; thence
North 0° 32' 24" West 5.00 feet; thence
North 89° 27' 35" East 18.50 feet; thence
North 0° 32' 24" West 67.50 feet; thence
North 89° 27' 36" East 167.71 feet; thence
North 44° 27' 36" East 4.24 feet; thence
North 89° 27' 36" East 14.08 feet; thence
South 45° 32' 24" East 22.17 feet; thence
South 0° 05' 19" West 168.67 feet to the Southerly line of said Lot 13; thence along said Southerly line and its Westerly prolongation, South 89° 27' 36" West 314.57 feet; thence South 0° 32' 24" East 10.83 feet; thence South 89° 27' 59" West 37.16 feet; thence North 22° 36' 44" West 54.05 feet; thence North 67° 24' 26" East 5.64 feet; thence North 22° 32' 35" West 24.66 feet; thence North 67° 40' 30" East 52.51 feet; thence South 22° 03 '03" East 3.68 feet; thence North 89° 58' 08" East 12.84 feet; thence North 0° 27' 02" West 5.24 feet; thence North 89° 42' 07" East 16.98 feet; thence South 0° 20' 54" East 7.84 feet; thence South 89° 40' 28" West 11.58 feet; thence South 0° 13' 47" East 17.32 feet; thence South 22° 31' 10" East 7.47 feet; thence North 67° 19' 04" East 2.83 feet; thence South 22° 13' 08" East 18.56 feet; thence North 89° 45' 00" East 10.78 feet; thence North 0° 16' 31" West 1.87 feet; thence North 89° 22' 31" East 11.19 feet; thence North 0° 15' 19" West 5.61 feet; thence North 89° 37' 48" East 9.35 feet; thence North 0° 12' 47" West 4.69 feet; thence North 89° 47' 13" East 19.51 feet; thence North 0° 21' 35" West 10.06 feet; thence South 89° 29' 30" West 29.44 feet; thence North 0° 30' 30" West 20.50 feet; thence North 89° 29' 30" East 5.52 feet to a line which bears North 0° 32' 24" West and passes through the Point of Beginning; thence Northerly along said line, North 0° 32' 24" West
23.46 feet to the Point of Beginning.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record. 581 of 636
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9 Parcel 6:
Parcel A-3 as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310462, recorded June 24, 2013 as Instrument No. 20130930653 of Official Records, in the City of Glendale, County of Los Angeles, State of California, and as more particularly described as follows:
That portion of Lot 12 of Tract No. 68602 having an upper elevation of 578.25 feet and a lower elevation of 554.00 feet at Third and Fourth Levels, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps, in the Office of the County Recorder of said County and the Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065, of Official Records of said County and the Certificate of Correction recorded September 19, 2011 as Instrument No, 20111268333 of said Official Records.
Except therefrom that portion lying within the following described horizontal limits:
Beginning at a point on the Westerly line of said Lot 13 being the Southerly terminus of a line shown on said Tract as having a bearing and distance of South 22° 32' 35" West 101.84 feet; thence along the Southwesterly lines of said Lot 13 the following twelve courses:
North 67° 27' 26" East 17 .17 feet; thence
South 22° 32' 39" East 6.55 feet; thence
North 67° 27' 15" East 35.42 feet; thence
South 22° 32' 34" East 10.83 feet; thence
North 67° 27' 24" East 50.96 feet; thence
North 89° 27' 36" East 18.91 feet; thence
North 0° 32' 24" West 17.50 feet; thence
North 89° 27' 36" East 24.16 feet; thence
South 0° 39' 41" East 42.03 feet to a curve, concave Northwesterly and having a radius of 15.17 feet; thence Southerly and Westerly along said curve, 23.82 feet through a central angle of 90° 00' 00"; thence South 89° 22' 28" West 9.59 feet; thence South 0° 32' 24" East 22.46 feet to the Southerly line of said Lot 13; thence leaving said Southerly line, South 89° 27' 36" West 69.44 feet; thence South 0° 32' 24" East 10.83 feet; thence South 89° 27' 36" West 37.22 feet; thence North 22° 32' 35" West 54.02 feet; thence North 67° 27' 25" East 5.64 feet to the Westerly line of said Lot 13; thence Southeasterly along said line, South 22° 32' 35" East 2.03 feet to the Point of Beginning.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 7:
Parcel A-4 as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310462, recorded June 24, 2013 as Instrument No. 20130930653 of Official Records, in the 582 of 636
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9 City of Glendale, County of Los Angeles, State of California, and as more particularly described as follows:
That portion of Lot 12 of Tract No. 68602 having an upper elevation of 620.00 feet and a lower elevation of 578.25 feet at Fifth Level in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps, in the Office of the County Recorder of said County and the Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065, of Official Records of said County and the Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of said Official Records.
Except therefrom that portion lying within the following described horizontal limits:
Beginning at a point on the Westerly line of said Lot 13 being the Southerly terminus of a line shown on said Tract as having a bearing and distance of South 22° 32' 35" West 101 .84 feet; thence along the Southwesterly lines of said Lot 13 the following twelve courses:
North 67° 27' 26" East 17 .17 feet; thence
South 22° 32' 39" East 6.55 feet; thence
North 67° 27' 15" East 35.42 feet; thence
South 22° 32' 34" East 10.83 feet; thence
North 67° 27' 24" East 50.96 feet; thence
North 89° 27' 36" East 18.91 feet; thence
North 0° 32' 24" West 17.50 feet; thence
North 89° 27' 36" East 24.16 feet; thence
South 0° 39' 41" East 42.03 feet to a curve, concave Northwesterly and having a radius of 15.17 feet; thence Southerly and Westerly along said curve, 23.82 feet through a central angle of 90° 00' 00"; thence South 89° 22' 28" West 9.59 feet; thence South 0° 32' 24" East 22.46 feet to the Southerly line of said Lot 13; thence leaving said Southerly line, South 89° 27' 36" West 69.44 feet; thence South 0° 32' 24" East 10.83 feet; thence South 89° 27' 36" West 37.22 feet; thence North 22° 32' 35" West 54.02 feet; thence North 67° 27' 25" East 5.64 feet to the Westerly line of said Lot 13; thence Southeasterly along said Line, South 22° 32' 35" East 2.03 feet to the point of beginning.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 8:
Lot 16 of Tract No. 68602, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 to 63, inclusive, of Maps and Certificate of Correction thereof recorded June 23, 201 O as Instrument No. 20100862065, of Official Records and by Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of Official Records, in the Office of the County Recorder of said County.
Except therefrom that portion of said Lot 16 lying within Parcel A and Parcel B, both as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310372, recorded June 24, 583 of 636
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9 2013 as Instrument No. 20130930654 of Official Records, in the City of Glendale, County of Los Angeles, State of California.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said Project Area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 9:
Parcel A as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310372, recorded June 24, 2013 as Instrument No. 20130930654 of Official Records, in the City of Glendale, County of Los Angeles, State of California, and as more particularly described as follows:
That portion of Lot 16 of Tract No. 68602 having an upper elevation of 541.00 feet and a lower elevation of 519.00 feet at Ground Level, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps, in the Office of the County Recorder of said County and the Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065, of Official Records of said County and the Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of said Official Records.
Except therefrom that portion of said Lot 16 lying within the following described horizontal limits:
Beginning at the Northwest corner of Lot 18 of said Tract 68602; thence along the Northerly line of said Lot 18, North 89° 27' 36" East 19.39 feet to the Easterly line of said Lot 18; thence Southerly, Easterly and Southerly along said Easterly line the following three courses:
South 0° 32' 24" East 11.13 feet; thence
North 89° 27' 36" East 8.31 feet; thence
South 0' 32' 24" East 35.32 feet along said Line and Southerly prolongation; thence South 89' 35' 04" West 41. 70 feet to the West line of said Lot 16; thence Northerly along said line, North O' 05' 06" East 22.92 feet; thence North 89' 27' 36" East 13. 75 feet to a line which bears North 0' 32' 24" West and passes through the Point of Beginning; thence Northerly along said line, North 0' 32' 24" West 23.43 feet to the Point of Beginning.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said Project Area within 500 feet of the surface thereof by various Instruments of Record.
Parcel B
Parcel 1:
Lot 1 of Tract No. 68602, in the City of Glendale, County of Los Angeles, State of California as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps and Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065, of Official Records and by Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333, of Official Records, in the Office of the County Recorder of said County. 584 of 636
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9 Except therefrom that portion of said Lot 1 lying within Parcel A and Parcel D, both as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310377, recorded June 24, 2013 as Instrument No. 20130930651 of Official Records, in the City of Glendale, County of Los Angeles, State of California.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 2:
Parcel A as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310377, recorded June 24, 2013 as Instrument No. 20130930651 of Official Records, in the City of Glendale, County of Los Angeles, State of California and as more particularly described as follows:
That portion of Lot 1 of Tract No. 68602 having an upper elevation of 541.00 feet and a lower elevation of 519.00 feet at Ground Level, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps, in the Office of the County Recorder of said County and Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065, of Official Records of said County and the Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of said Official Records.
Except therefrom that portion of said Lot 1 lying within the following described horizontal limits:
Beginning at a point on the Westerly line of said Lot 1 distant thereon South 0° 32' 24" East 9.55 feet from the Northerly terminus of a line shown on said Tract as having a bearing and distance of South 0° 32' 24" East 38.61 feet; thence South 0° 32' 24" East 29.07 feet; thence South 89° 27' 36' West 1.53 feet; thence South 0° 32' 24" East 23.83 feet; thence South 89° 27' 36" West
2.40 feet; thence South 0° 32' 24" East 1.15 feet; thence South 89° 27' 36" West 3. 71 feet:
thence North 0° 32' 24" West 4.81 feet; thence South 89° 27' 36" West 3.41 feet; thence North 0° 32' 24" West 20.17 feet; thence North 89° 27' 36" East 0.97 feet; thence North 0° 32' 24" West
29.07 feet to a line which bears South 89° 27' 36" West and passes through the Point of Beginning; thence Easterly along said line, North 89° 27' 36" East 10.09 feet to the Point of Beginning.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 3:
Parcel B as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310377, recorded June 24, 2013 as Instrument No. 20130930651 of Official Records, in the City of Glendale, County of Los Angeles, State of California and a more particularly described as follows:
Lot 2 of Tract No. 68602 having an upper elevation of 541.00 feet and a lower elevation of 519.00 feet at Ground Level, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps, in the Office of the 585 of 636
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9 County Recorder of said County and Certificate of Correction thereof recorded June 23, 201 O as Instrument No. 20100862065, of Official Records of said County and the Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of said Official Records.
Except therefrom that portion of said Lot 2 lying within the following described horizontal limits:
Beginning at the Northeast corner of said Lot 2; thence Southerly along the East line of said Lot 2,
South 0' 05' 19" West 8.84 feet; thence South 89' 26' 21" West 28.85 feet; thence South 0° 33' 39" East 7.72 feet; thence South 89' 26' 21" West 17.77 feet; thence South 0' 33' 39" East 2.27 feet; thence South 89' 26' 21" West 5.42 feet; thence North 0' 33' 39" West 9.99 feet; thence North 89' 26' 21" East 13.63 feet; thence North 0' 33' 39" West 8.83 feet to the North line of said Lot 2; thence Easterly along said North line,
North 89' 26' 21" East 38.50 feet to the Point of Beginning.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 4:
Lot 4 of Tract No. 68602, in the City of Glendale, County of Los Angeles, State of California as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps and Certificate of Correction thereof recorded June 23, 201 O as Instrument No. 20100862065, of Official Records and by Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333, of Official Records, in the Office of the County Recorder of said County.
Except therefrom that portion of said Lot 4 lying within Parcel C and Parcel D, both as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310377 recorded June 24, 2013 as Instrument No. 20130930651 of Official Records, in the City of Glendale, County of Los Angeles, State of California.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record.
Parcel 5:
Parcel A as shown and designated on that certain Lot Line Adjustment Case No. PLLA 1310374, recorded June 24, 2013 as Instrument No. 20130930652 of Official Records, in the City of Glendale, County of Los Angeles, State of California and as more particularly described as follows:
That portion of Lot 4 of Tract No. 68602 having an upper elevation of 541. 00 feet and a lower elevation of 519.00 feet at Ground Level, in the City of Glendale, County of Los Angeles, State of California, as per Map filed in Book 1350, Pages 45 through 63, inclusive, of Maps, in the Office of the County Recorder of said County and the Certificate of Correction thereof recorded June 23, 2010 as Instrument No. 20100862065, of Official Records of said County and the 586 of 636
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9 Certificate of Correction recorded September 19, 2011 as Instrument No. 20111268333 of said Official Records.
Except therefrom those portions of said Lot 4 having an upper elevation of 541.00 feet and a lower elevation of 519.00 feet at Ground Level lying within the following described horizontal limits:
Beginning at a point on the Westerly line of said Lot 1 distant thereon South 0° 32' 24" East 9.55 feet from the Northerly terminus of a line shown on said Tract as having a bearing and distance of South 0° 32' 24" East 38.61 feet; thence South 0° 32' 24" East 29.07 feet; thence South 89° 27' 36' West 1.53 feet; thence South 0° 32' 24" East 23.83 feet; thence South 89° 27' 36" West
2.40 feet; thence South 0° 32' 24" East 1.15 feet; thence South 89° 27' 36" West 3. 71 feet:
thence North 0° 32' 24" West 4.81 feet; thence South 89° 27' 36" West 3.41 feet; thence North 0° 32' 24" West 20.17 feet; thence North 89° 27' 36" East 0.97 feet; thence North 0° 32' 24" West
29.07 feet to a line which bears South 89° 27' 36" West and passes through the Point of Beginning; thence Easterly along said line, North 89° 27' 36" East 10.09 feet to the Point of Beginning.
Also except therefrom that portion of said Lot 4 having an upper elevation of 541.00 and a lower elevation of 519.00 feet at Ground Level lying within the following described horizontal limits:
Beginning at the Northeast corner of Lot 5 of said Tract 68602; thence along the Easterly line of said Lot 5, South 0° 32' 24" East 10.15 feet; thence North 89° 27' 36" East 1.19 feet; thence South 0° 32' 24" East 29.18 feet; thence South 89° 27' 36" West 7.85 feet; thence South O' 32' 24" East 31.68 feet to a point on the Southerly line of said Lot 4, said point lying on a curve, concave Southerly, having a radius of 66.00 feet and through which point a radial line bears North 5° 47' 31" East; thence Westerly along said curve, 11.78 feet through a central angle of 10° 13' 31"; thence North 0° 32' 24" West 72.54 feet; thence North 89° 27' 36" East 8.75 feet; thence South 0° 32' 24" East 1. 78 feet to the Northwest corner of said Lot 5; thence along the North line of said Lot 5, North 89° 27' 36" East 9.67 feet to the point of beginning.
Also except all oil, gas and mineral substances, together with the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the Town Center Redevelopment Project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof by various Instruments of Record. [END OF LEGAL DESCRIPTION]
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9 EXHIBIT “B”
CITY PROPERTY
Lot 14 of Tract No. 68602 in the City of Glendale, County of Los Angeles, State of California, as per map filed in Book 1350, Pages 45 to 63, inclusive, of Maps in the Office of the County Recorder of said County. APNs 5642-014-951 and 5642-014-952. 588 of 636
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9 EXHIBIT “C”
NEW PERMITTED SIGN(S) SITE PLAN
Marquee Sign Here
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