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Agenda packet, first session

Glendale City Council
December 3, 2024

Document
Agenda packet, first session
Meeting
December 3, 2024
Body
Glendale City Council
Original file
63.0 MB
Text extracted from the city's file for reading and search. Open the original on glendaleca.primegov.com. That file is the official record.

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
Meetings

are

broadcast

live

on

Glendale

TV,

viewable

on

Spectrum

Cable,

channel

6,

and

AT&T

U-
verse,

channel

99. Meetings

are

also

streamed

live

in

high

definition

(HD)

on

the

City

webpage,
glendaleca.gov/live
,

on

YouTube.com/myglendale
,

and

on

Apple

TV,

Roku,

Amazon

Fire,

iOS

and
Android

devices

using

a

free

app

called

Cablecast

and

choosing

"Glendale

TV"

from

the

menu.

Meetings

are

also

archived

on

the

City

Website

for

viewing

anytime

at

glendaleca.gov/agendas
.

Call

(818)

548-4013

for

program

schedules.

For

public

comments

and

questions

during

the
meeting,

call

(818)

937-8100.

Public

comments

on

a

specific

agenda

item

will

be

taken

when

that
agenda

item

is

discussed.

If

you

have

any

question

about

matters

on

the

agenda,

or

requests

for
assistance, please contact the City Clerk at (818) 548-2090 during regular business hours.

PLEASE TURN OFF CELLULAR PHONES WHILE INSIDE THE MEETING LOCATION In

compliance

with

the

Americans

with

Disabilities

Act

(ADA)

of

1990,

auxiliary

hearing

aids,

sign
language

translation,

and

Braille

transcripts

are

available

upon

request.

Assisted

listening

devices
are

available

same-day

upon

request.

The

City

Clerk’

office

should

be

notified

72 hours

(three
business

days)

or

as

soon

as

practicable

for

requests

regarding

sign

language

translation

and
Braille

transcription

services.

All

documents

related

to

open

session

items

on

this

agenda

that

are
received

less

than

72 hours

prior

to

this

meeting,

and

are

public

records,

will

be

available

for

review
in the Office of the City Clerk, 613 E. Broadway, RM 110, Glendale, CA 91206.

Translation

services

are

provided

for

meetings

through

the

use

of

bilingual

staff

for

speakers

who
wish

to

utilize

the

service

as

available.

Speakers

should

state

their

request

by

contacting

the

City
Clerk’s

office

at

(818)

548-2090,

at

least

72 hours

prior

to

the

scheduled

meeting

or

as

soon

as
practicable.

Please

specify

the

language

for

which

you

require

translation.

The

exclusive

use

of

City
provided

interpreters

is

not

required

and

persons

are

welcome

to

use

their

own

interpreter

or

speak
in their native language.

DECEMBER 3, 2024

ROLL CALL

1. CLOSED SESSION
– 1:00 PM ( To Commence at 3:00 PM
)
a.

Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One potential case

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b.

Public Employee Performance Evaluation – City Manager and City Attorney

2. REGULAR BUSINESS AGENDA
– 6:00 PM
Roll Call
a.

Flag Salute: Mayor Elen Asatryan
b.

Invocation: Dr. Suzie Abajian, City Clerk
c.

Report of the City Clerk, re: Posting of Agenda. The Agenda for the December 3, 2024 Regular Meeting of the Glendale City Council was Posted on November 27, 2024 on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, December 10, 2024

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 of November 19, 2024 b.

Glendale Water and Power, re: Application to State Water Resources Control Board for the Water Recycling Funding Program Grant.

1. Resolution authorizing the City Manager, or his designee, to submit a Water Recycling Funding Program Grant application for a grant amount of $150,000, and further authorizing the City Manager, or his designee, to execute and submit all required documents related to said grant application
c.

Public Works, re:

Award of Construction Services Contract for
On-Call Fiber Optic
Testing, Design, Installation, and Maintenance Services

1. Motion awarding a construction services contract to Elecnor Belco Electric, Inc. for five-years for a “not-to-exceed” amount of $3,500,000, and authorizing the City Manager, or a designee, to execute the contract

2. Resolution of appropriation to appropriate funds in the amount of $600,000 for On-Call Fiber Optic  Testing, Design, Installation, and Maintenance Services

5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes; 5-Speaker Limit) Per Mayor Policy, This Item Also Permits Speakers Wishing to Speak Under General Oral Communications, Subject to the Three Minute Time Limit. Discussion is Limited to Matters Not on the Agenda.

7. ADOPTION OF ORDINANCES
a.

Ordinance Amending Section 1.04.020 of the Glendale Municipal Code, 1995, Relating to General Provisions, and Amending Section 9.28.020 Relating to Camping (Gharpetian, 11/19/24)
b.

Ordinance Amending Section 5.20.010 and Adding Section 5.20.110 of the Glendale Municipal Code, 1995, Relating to Sidewalk Vendor License (Gharpetian, 11/19/24) c.

Ordinances Amending Title 30 of the Glendale Municipal Code, 1995, (Case No. PZC- 0010-2024) and the Downtown Specific Plan (Case No. PGPA-003908-2024) Relating

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Generally to Standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)

1. Ordinance Amending Title 30 Relating Generally to Standards for ADUs and JADUs

2. Ordinance Amending the Downtown Specific Plan Relating Generally to Standards for ADUs and JADUs

3. Resolution Making Findings That Certain Portions of Ordinance No. 5997 Complies with California Government Code Sections 66314, et seq. and 66333, et seq., Despite the Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-adopting Those Portions of Ordinance No. 5997 Without Changes

8. ACTION ITEMS
a.

Glendale Water and Power, re: Professional Services Agreement with Arcadis U.S., Inc. for Engineering Services in Developing a Water Master Plan

1. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Arcadis U.S., Inc, for engineering services in developing a comprehensive Water Master Plan., in the not-to-exceed amount of $1,196,892
b.

Glendale Water and Power, re: Professional Services Agreement with Raftelis Financial Consultants, Inc. to Conduct a Cost-of-Service Analysis (COSA) and Rate Study for the Water Division of City of Glendale Water & Power (GWP).

1. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement with Raftelis Financial Consultants, Inc. to conduct a Cost-of-Service Analysis (COSA) and Rate Study for the Water Division of GW P, in the not-to-exceed amount of $235,006
c.

Community Services and Parks, re: Wireless Telecommunications Facility Lease Agreement between the City of Glendale and New Cingular Wireless PCS, LLS with address of 1880 Loma Vista Drive

1. Introduction of an Ordinance authorizing the City Manager, or his designee, to enter into and execute a Lease Agreement with New Cingular Wireless PCS, LLS for the installation of a wireless telecommunication facility at City-owned property located with address of 1880 Loma Vista Drive, Glendale, CA 91208
d.

City Attorney, re:

Report on Rules for the Conduct of Council Meetings: Options for Oral Communications and Public Comment on Agenda Items; Matters Related to the Order of Business for Council Agendas; Rules Governing Council Deliberation and Debate; Discussion of Policy for Removing Items from Agenda after Publication; and Rules Governing Decorum and Removing Disruptive Individuals from Council Meetings

1. Motion Providing Direction to Staff

9. HEARINGS

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a.

Councilmember Gharpetian’s Request to Agendize a Discussion of Appointment to a Commission Seat on the Burbank-Glendale-Pasadena Airport Authority

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Commission
b.

Mayor Asatryan’s Request for a Report on Programs to Assist Small Businesses and Restaurants Facing Steep Commercial Rent Increases

13. 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.

The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.

14. NEW BUSINESS

15. ADJOURNMENT

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1 M I N U T E S
SPECIAL MEETING: GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
NOVEMBER 19, 2024
The Special Public Meeting of the Glendale City Council convened in the City Hall Council Chambers, in said City, at 1:07 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:

November 14, 2024
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 1:00 PM on Tuesday, November 19, 2024, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;

1.Community Development, re: Improvements to the Entitlement and Permitting Process: Phase II
a.Motion to Note and file the update regarding the entitlement and code review process, and provide direction on the next phase of improvements

2.City Attorney, re: Ordinance Amending Glendale Municipal Code Chapter 9.28 Relating to Camping
a.Introduction of Ordinance

3.City Attorney, re: Ordinance Amending Glendale Municipal Code Chapter 5.20 Relating to the Sidewalk Vendor License
a.Introduction of Ordinance
b.Resolution of appropriation in the amount of $88,882 for off-hours enforcement

4.Community Services and Parks, re: City of Glendale Year-Round Hotel Program for People Experiencing Homelessness
a.Resolution to dispense with competitive bidding and authorize the City Manager or a designee to secure hotel rooms, as needed, at rates cumulatively not to exceed the Fiscal Year 2024-2025 appropriation for the Glendale Housing Program 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 Dan Brotman at 5:00 p.m. November 14, 2024 Glendale, CA Upon Vartan Gharpetian at 5:00 p.m. November 14, 2024 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. November 14, 2024 Glendale, CA Upon Ara Najarian at 5:00 p.m. November 14, 2024 Glendale, CA Upon Elen Asatryan at 5:00 p.m. November 14, 2024 Glendale, CA Mayor Asatryan called the meeting to order at 1:07 p.m.

ROLL CALL
- Absent: Kassakhian
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the 4A
5 of 244

2 Tuesday, November 19, 2024 Special Public Meeting of the City Council was posted on November 14, 2024, on the Bulletin Board Outside City Hall.

1.Community Development, re: Improvements to the Entitlement and Permitting Process: Phase II
Presenting:

Bradley Calvert, Director of Community Development
Staff Comment:

Mike Garcia, City Attorney
Public Comments:

Allan Durham
Shane Lee
a.Motion to Note and file the update regarding the entitlement and code review process, and provide direction on the next phase of improvements

2.City Attorney, re: Ordinance Amending Glendale Municipal Code Chapter 9.28 Relating to Camping
Public Comment:

Rick Lemmo
Staff Comment:

Manny Cid, Police Chief
a.Introduction of Ordinance
Introduced by: Gharpetian

3.City Attorney, re: Ordinance Amending Glendale Municipal Code Chapter 5.20 Relating to the Sidewalk Vendor License
Public Comment:

Rick Lemmo
Staff Comments:

Mike Garcia, City Attorney
Bradley Calvert, Director of Community Development
a.Introduction of Ordinance
Introduced by: Gharpetian
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3 b.Resolution 24-185 of appropriation in the amount of $88,882 for off-hours enforcement Moved: Gharpetian Seconded: Najarian
Vote as Follows

4.Community Services and Parks, re: City of Glendale Year-Round Hotel Program for People Experiencing Homelessness
Staff Comment:

Arsine Isayan, Community Services Manager
a.Resolution 24-186 to dispense with competitive bidding and authorize the City Manager or a designee to secure hotel rooms, as needed, at rates cumulatively not to exceed the Fiscal Year 2024-2025 appropriation for the Glendale Housing Program Moved: Gharpetian Seconded: Brotman
Vote as Follows
ADJOURNMENT – 3:06 p.m.

Moved: Brotman Seconded: Najarian
Mayor of the City of Glendale
City Clerk of the City of Glendale
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Asatryan
None
Kassakhian
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Asatryan
None
Kassakhian
None
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4b

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Application to State Water Resources Control Board for the Water Recycling Funding Program Grant.

1. Resolution authorizing the City Manager, or his designee, to submit a Water Recycling Funding Program Grant application for a grant amount of $150,000, and further authorizing the City Manager, or his designee, to execute and submit all required documents related to said grant application.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for December 3, 2024 calendar

EXECUTIVE SUMMARY
Glendale Water & Power (GWP) has solicited proposals for a 2024 Recycled Water Master Plan (RWMP) to expand and improve the City’s recycled water system. The State Water Resources Control Board (SWRCB) has implemented the Water Recycling Funding Program (WRFP) to provide technical and financial assistance to local agencies in support of water recycling projects. GWP has determined that the RWMP is qualified for the WRFP grant for recycled water facilities planning and construction.

GWP is requesting $150,000 in grant funds (the Grant) from the SWRCB’s WRFP.

RECOMMENDATION
Authorize the City Manager to submit a Water Recycling Funding Program Grant application for a grant amount of $150,000, and further authorize the City Manager to execute and submit all required documents related to said grant application.

ANALYSIS
The Water Recycling Funding Program (WRFP) is administered by the Division of Financial Assistance. It supports the State Water Resources Control Board’s (SWRCB) Water Recycling Policy and provides funding for water recycling projects that offset or augment state or local fresh water supplies and water recycling research.

GWP is seeking to apply for WRFP Grant which would fund planning efforts for recycle water enhancements. The purpose of the Grant is to encourage local public agencies to investigate the feasibility of recycling wastewater and assist them with completing planning for water recycling projects by supplementing local funds.

In this particular case, GWP is asking for a total amount of $150,000, the maximum 8 of 244

24b
5 5
8 0
grant amount, to help offset the costs associated with the 2024 Recycled Water Master Plan (RWMP), which will help identify and summarize future recycled water augmentation projects that the City of Glendale (City) can implement. As a part of the Grant application process, the City must also complete a Financial Assistance Application and enter into a Financial Assistance Agreement and provide certain assurances, certifications, and commitments to the SWRCB.

The Grant requires the City to complete a Draft Project report, conduct a Mid-Course Meeting and complete a Final Project Report. The Draft Project Report and Final Project Report must analyze all feasible project alternatives and recommend a project or determine that a water recycling project is not feasible. The Final Project Report must address comments provided by SWRCB Division of Financial Assistance staff, provided as a part of the review of the Draft Project Report.

The RWMP will consider the following:
1) Identify potential non-potable uses of recycled water up to City’s projected recycled water potential.
2) Evaluate transmission/distribution pipeline and booster station system requirements to potential customer connections in a phased approach. 3) Develop model to determine feasibility for project including:
a) infrastructure construction and operational costs,
b) incentives to secure customer commitments.
c) timing of potential customer additions, and
d) recycled water pricing.
4) Feasibility of conversion process for potential customer. 5) Feasibility for direct potable reuse (DPR) and indirect potable reuse (IPR).

The City will go through a competitive evaluation process to select a consultant in assisting the City to develop the RWMP for this potential recycled water system expansion. The tentative schedule for the improvements is as follows:

Task Begin Complete
SWRCB and Funding Support September 2024 December 2024
RWMP and Funding Support January 2025 January 2026
Meeting with Stakeholder Agencies
and First Public Meeting
March 2025
Draft RWMP per SWRCB
Requirements
January 2025 June 2025
RWMP Reviews and Workshop and
Second Public Meeting
August 2025
Final Project Concept and
Performance Criteria
November 2025 December 2025
Council Approval February 2026
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5 5
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STAKEHOLDERS/OUTREACH
Not applicable.

FISCAL IMPACT
The cost for the RWMP development is approximately $600,000. If the WRFP Grant application is successful, the City will be reimbursed up to $150,000 to help offset the costs and the remaining cost of the RWMP development will be funded under the Water Works Revenue which has been approved as part of the FY 2024-25 budget. The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$600,000 43110-5920-GWP-4700 Water Works Revenue
Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This action requested herein is authorization to apply for Grant funding and is not a project for the purposes of the California Environmental Quality Act (CEQA) and thus is not subject to CEQA review.

CAMPAIGN DISCLOSURE
Not applicable.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Not to authorize the City Manager to submit a Water Recycling Funding Program Grant application for an amount of $150,000, as requested herein, which will result in the City covering all costs associated with the 2024 Recycled Water Master Plan.

Alternative 2: Consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Manuel Robledo, Interim General Manager – Glendale Water & Power Prepared by:

Chisom Obegolu, Assistant General Manager - Water
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None.
10 of 244

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RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

SUBMIT A WATER RECYCLING FUNDING PROGRAM GRANT APPLICATION FOR A GRANT AMOUNT OF $150,000 AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO SIGN AND SUBMIT ALL REQUIRED DOCUMENTS RELATED

TO SAID GRANT APPLICATION
WHEREAS, the City of Glendale (City) through its Glendale Water & Power Department (GWP), maintains and operates its own water distribution system and recycled water system; and
WHEREAS, the City desires to expand the beneficial reuse of recycled water from the Los Angeles Glendale Water Reclamation Plant (LAGWRP), which the City jointly owns with the City of Los Angeles, in order to utilize additional recycled water; and
WHEREAS, the State Water Resources Control Board has implemented the Water Recycling Funding Program (WRFP) to provide technical and financial assistance to local agencies in support of water recycling projects; and WHEREAS, GWP is seeking a Grant in the amount of $150,000 to help offset the costs associated with the 2024 Water System & Recycled Water Master Plan (RWMP) which will help identify and summarize future recycled water augmentation projects which the City can implement as described in the Report dated December 3, 2024 by the Interim General Manager of GWP; and
WHEREAS, the WRFP Grant application process requires the City Manager, or his designee, to submit a Resolution authorizing the application for the WRFP grant as well as authorizing the City Manager, or his designee, to also complete a Financial Assistance Application and enter into a Financial Assistance Agreement and provide certain assurances, certifications, and commitments to the State Water Resources Control Board, as explained in the December 3, 2024 Report.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Glendale, California that:

SECTION 1. The City Manager, or his designee, is hereby authorized to submit an application for grant funding as well as to sign and file a Financial Assistance Application for Grant Agreement from the California State Water Resources Control Board' s (SWRCB) Water Recycling Funding Program for the Recycled Water Feasibility Study for an amount of $ 150,000, for and on behalf of the City. 11 of 244

2 of 3
SECTION 2. The City Manager, or his designee, is designated to provide the assurances, certifications, and commitments required for the Financial Assistance Application, including executing a Financial Assistance Agreement with the State Water Resources Control Board, and any amendments or changes thereto.

SECTION 3. The City Manager, or his designee, is designated to represent the City in carrying out the City's responsibilities under the Grant Agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws, as described in the Report dated December 3, 2024, by the Interim General Manager of GWP. The City’s responsibilities are to complete a Draft Project report, conduct a Mid-Course Meeting and complete a Final Project Report.

The Draft Project Report and Final Project Report must analyze all feasible project alternatives and recommend a project or determine that a water recycling project is not feasible. The Final Project Report must address comments provided by SWRCB Division of Financial Assistance staff provided as a part of the review of the Draft Project Report.

SECTION 4. The City Manager, Director of Finance, or their designees, are authorized to make such other revisions, individual appropriation line-items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this Resolution relating to the herein Grant application and Financial Assistance Application for Grant Agreement from the California State Water Resources Control Board' s Water Recycling Funding Program.

Adopted by the Council of the City of Glendale on this ___ day of __________, 2024.
________________________________________________
Mayor
ATTEST:
________________________________________________
City Clerk

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STATE OF CALIFORNIA ) SS.

COUNTY OF LOS ANGELES )
I, Suzie Abajian, PhD, 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 ______________________, 2024, and that the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________
City Clerk
13 of 244

4c
24-86817

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Award of Construction Services Contract for On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services
1) Motion awarding a construction services contract to Elecnor Belco Electric, Inc. for five-years for a “not-to-exceed” amount of $3,500,000, and authorizing the City Manager, or a designee, to execute the contract.
2) Resolution of appropriation to appropriate funds in the amount of $600,000 for On- Call Fiber Optic Testing, Design, Installation, and Maintenance Services.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for December 3, 2024 calendar

EXECUTIVE SUMMARY
The City of Glendale Public Works Department (PWD) and Information Technology Department (IT) use outside contractor resources to keep our fiber optic infrastructure functioning and up to date via an as-needed testing, design, installation, and maintenance services contract. Staff conducted a competitive bidding process and selected the lowest responsive and responsible bidder to execute a construction services contract.

The intent of this item is for the City Council to award an on-call construction services contract for five-years for a not-to-exceed amount of $3,500,000.

Additionally, a resolution of appropriation from the State Gas Tax Fund is needed to fully fund this contract.
14 of 244

4c2
24-86817
5 6
1 9

RECOMMENDATION
Approve the motion authorizing a construction services contract with Elecnor Belco Electric, Inc. for five-years in the amount of $3,500,000 and approve the resolution of appropriation in the amount of $600,000 for On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services.

ANALYSIS
The city has approximately 243 signalized intersections of which approximately 200 are monitored by the Glendale Traffic Management Center (GTMC). The city relies on the GTMC to monitor and adjust signal timing during holidays and times of need on congested corridors as necessary for the improved operation of the city’s roadway corridors. The communication between the GTMC and field devices is a combination of stranded copper interconnect cables and single mode fiber optic cables in underground conduits. The fiber communication system is based on a Gibabit Ethernet structure and includes a network-based computer system that controls the Central Traffic Signal and Closed-Circuit Television (CCTV) systems.

The link between the GTMC and signalized intersections and CCTV systems are through field devices that pass communication through a combination of mainly single mode fiber optic cables and a few remaining stranded copper interconnect cables in underground conduits. As a matter of practice, stranded copper interconnect cables are upgraded to single mode fiber optic cables via capital improvement projects that overlap in the same area.

Although the city does have some minimal resources to maintain and perform minor repairs to damaged fiber optic infrastructures, we are not staffed or equipped to handle emergency or critical repairs in a timely manner which is essential to maintain constant communication throughout our traffic signal network. For safety and mobility, emergency and critical fiber optic cable repairs must be handled in a timely manner.

This essential maintenance contract allows for issues with the city’s fiber optic system to be promptly addressed.

In addition to supporting the critical traffic infrastructure outlined, the proposed contract will also encompass the fiber optic network needs of the ITD, which supports essential services like Wi-Fi access points, cameras, and sensors. By expanding the scope to include IT infrastructure, the city can leverage economies of scale and ensure comprehensive maintenance and repair capabilities for its entire fiber optic network, promoting efficiency and minimizing disruptions to vital city services.

The City Council awarded a similar three-year contract in June 2021 that is set to expire in December 2024. The proposed new contract is anticipated to begin in January 2025 and will last up to 5 years or up to the not-to-exceed amount.

On October 8, 2024, the City Council adopted the project specification and authorized the city clerk to advertise the project for bids.
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On November 6, 2024, the city received two bids from contractors as follows:

1. Elecnor Belco Electric, Inc +5 %

2. G&G Electric, Inc. +15 %
Upon review of the bid documents, staff finds the bid of Elecnor Belco Electric, Inc. with a cost plus 5% markup to be the lowest responsive bid from a responsible bidder. It is important to note that since this procurement is for as needed on-call services and will utilize prevailing wage hourly rates, the bid was completed on a markup basis only. This method distinguishes between the contractors on their proposed markup since the prevailing wage rates are per the state approved minimum rates. The contractor with the least markup is considered the lowest bidder.

The State of California Contractor’s State License Board website confirms that the license of Elecnor Belco Electric, Inc is current, active, and in good standing.

Additionally, Elecnor Belco Electric, Inc. successfully completed the recent On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services contract with the city.

STAKEHOLDERS/OUTREACH
Outreach for the On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services will be tailored to meet the needs of each specific task and impacted community. Outreach efforts will be implemented on an as-needed basis. Depending on the project needs and resources availability, a variety of tools and methods can be utilized to keep the public informed and engaged.

A dedicated project website will be maintained to provide project updates, detailed project information, and contact information. The website will also feature an introduction to the project team, maps of the affected areas, and FAQs, offering a convenient point of contact for residents seeking more information or submitting feedback.

Door Hangers and Postcards will be distributed to homes and businesses directly impacted by the project. These materials will inform residents of upcoming activities, potential disruptions, and project milestones.

Personalized outreach through one-on-one meetings with impacted residents and businesses can be conducted in the areas directly affected by the project. This will allow project staff to address specific concerns, explain the scope of work in detail, and discuss mitigation measures for potential inconveniences such as road closures, water service interruptions, or noise disturbances.

If needed, to reach a broader audience and provide updates, the project can use various social media platforms such as Facebook, Instagram, and their location-based ads. These posts will include reminders about key dates, traffic advisories, project progress, and links to more detailed resources on the project website. 16 of 244

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Furthermore, depending on the project needs and the feedback from the community, other outreach methods such as public open houses, community meetings, or informational booths may be used during the project. These public outreach tools can enable the project team to effectively engage with the community and share project impacts and updates.

FISCAL IMPACT
The On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services contract will cost $3,500,000 for a five-year term and $700,000 in year-one, of which $100,000 was included as part of the FY2024-25 approved budget. Therefore, staff is requesting for an additional appropriation from the State Gas Tax Fund in the amount $600,000 for the first year of services. Funding for the remaining contract years will be requested as part of the city’s annual budget process. The existing appropriation and new appropriation requests for the first year of services are outlined below:

Existing Appropriation
Amount Account String Funding Source
$ 100,000 GL: 43110-6030-ISD-5501-P0000 ITD Infrastructure Fund
Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $ 600,000 GL: 24219-4020-PWD-
0000-P0000
GL: 52100-4020-
PWD-0020-P0000
PL: PWD01324AN
State Gas Tax Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The Project is categorically exempt from environment review because of CEQA Guidelines §§15301.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the motion authorizing a construction services and resolution of appropriation for the On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services. Doing so, however, will prevent the city from completing necessary fiber repairs quickly, and the city will need to pursue alternative methods for hiring contractors or recruiting resources to carry out these repairs.

Alternative 2: The City Council may consider any other alternative not proposed by staff.
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ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Director of Public Works
Prepared by:

Sarkis Oganesyan, P.E., Deputy Director of Public Works/ City Engineer Jason Miller, Assistant Chief Information Officer - Infrastructure Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None.
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MOTION
Moved by Council Member __________________________________, seconded by Council Member ______________________________________________, that the Council of the City of Glendale hereby Authorizes the City Manager, or a designee, to execute a construction services contract – subject to approval by the City Attorney – with Elecnor Belco Electric, Inc., for the On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services, Specification No. 3999, in the amount of $3,500,000 for a five-year period.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
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ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, AMENDING SECTION 1.04.020 OF THE GLENDALE MUNICIPAL CODE, 1995, RELATING TO GENERAL PROVISIONS, AND AMENDING SECTION

9.28.020 RELATING TO CAMPING
WHEREAS, the City of Glendale is home to approximately 200,000 residents and welcomes visitors annually numbering in the tens of millions; and WHEREAS, in 1997, the Council of the City of Glendale adopted Ordinance No. 5140, in which it found that the public streets and areas within the city should be readily accessible and available to residents and the public at large, and that the use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended; and WHEREAS, Ordinance No. 5140, which codified Chapter 9.28 of Glendale Municipal Code, 1995, makes it unlawful, in pertinent part, “to camp . . . in or on any public park, street, sidewalk or other public property” and “to store any personal property in or on any public park, street, sidewalk, or other public property”; and WHEREAS, Section 9.28.020 of the Glendale Municipal Code, 1995, defines “camp” to mean, among other things, “residing in or using a public park, street, sidewalk or other public property for nighttime living accommodation purposes such as sleeping activities” or “making preparations to sleep overnight;” and defines “store” to mean, “to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property during nighttime”; and WHEREAS, the Council of the City of Glendale held a study session on August 27, 2024, in which it received testimony that persons reside in or use public property for living accommodation purposes such as sleeping activities, or therein make preparations to sleep, during the daytime as well as at nighttime; and WHEREAS, the use of public property for camping or storage of personal property is associated with deleterious conditions including, but not limited to, the obstruction of public rights-of-way and public urination and defection, which interfere with the rights of others to use the areas for which they were intended during the daytime no less than at nighttime; and
WHEREAS, the Supreme Court of the United States held in City of Grants Pass, Oregon v. Johnson, et al. (2024) 144 S. Ct. 2202 that the enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment in violation of the United States Constitution; and 21 of 244

WHEREAS, the Council of the City of Glendale finds and declares that the public streets and areas within the city should be readily accessible and available to residents and the public at large at all hours of the day and night.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1. The above recitals are true and correct.

SECTION 2. Section 1.04.020 of the Glendale Municipal Code, 1995, is hereby amended to read as follows:

1.04.020 Definitions.

In the construction of this code and of all ordinances of the city, the following words shall have the meanings ascribed to them, unless such construction would be inconsistent with the manifest intent of the council or the context clearly requires otherwise:
“City” means the city of Glendale, California.
“Civic center square” means the entire area bounded by East Wilson Avenue to the north, East Broadway to the south, North Glendale Avenue to the east, and North Isabel Street to the west.
“Code” means "The Municipal Code of the City of Glendale, California, 1995." Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.
“Council” means the council of the city of Glendale.
“County” means the county of Los Angeles, California.
“Day” means the period of time between any midnight and the midnight following. “Daytime” means the period of time between sunrise and sunset.

Department, division, board or officer. Every department, division, board or officer, whenever either is mentioned in this code, means a department, division, board or officer, as the case may be, of the city of Glendale.
“Health officer” means and includes the health officer of the city and his or her deputies, and the county health officer and his or her deputies whenever the city has entered into a contract with the county for the performance by health officers or other employees of the county of public health services.
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“In the city” or “within the city” means all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
“Nighttime” means the period of time between sunset and sunrise. “Oath” means and includes affirmation.

Or, and. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it. “Owner,” when applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land or any person named in section 682 of the State Civil Code. “Person” means and includes any person, firm, association, organization, partnership, business trust, corporation or company.
“Personal property” means and includes every species of property, except real property, as defined in this section.
“Preceding” means next before; "following" means next after. “Premises” means and includes any building, structure, place, lot or parcel of land or any number of contiguous lots or parcels of land, in the possession or control of any person or in the joint or common possession or control of more than one person. “Process” means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
“Property” means and includes real and personal property. “Real property” means the same as the definition contained in section 658 of the State Civil Code.
“Signature” or “subscription by mark” means and includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
“State” means the state of California.
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“Tenant” or “occupant,” applied to a building or land, means and includes any person holding a written or an oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.
“Week” consists of seven consecutive days.
“Writing” means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

SECTION 3. Section 9.28.020 of the Glendale Municipal Code, 1995, is hereby amended to read as follows:

9.28.020 Definitions
As used in this chapter:
“Camp” means, in light of all of the circumstances, residing in or using a public park, street, sidewalk or other public property for living accommodation purposes such as sleeping activities, including by using camp paraphernalia; making preparations to sleep, including by setting up camp paraphernalia; erecting, maintaining or occupying any structure with natural or artificial material, including a building or a tent; making any fire except in a city facility designated for such purpose; or living in a parked trailer, camper shell, motor home, or any motor vehicle as defined by the California Vehicle Code.
“Camp paraphernalia” means, but is not limited to, tarpaulins, cots, beds, bedding, blankets, sheets, sleeping bags, hammocks or noncity designated cooking facilities and similar equipment.
“Store” means, in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property.

SECTION 4. Compliance with California Environmental Quality Act. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” within the meaning of CEQA. Pursuant to section 15378, subdivisions (b)(2) and (b)(5), of Division 6 of Title 14 of the California Code of Regulations (the “CEQA Guidelines”), the term “project” does not include continuing administrative or maintenance activities, including general policy or procedure making (except as applied to specific instances not germane to this Ordinance), or to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.. Even if it is a “project,” the City Council finds and determines with certainty that there is no possibility that the activity in question, namely, adopting an ordinance to regulate camping and storage of 24 of 244

personal property on public property, may have a significant effect on the environment; thus, it is exempt from CEQA pursuant to CEQA Guidelines section 15061, subdivision (b)(3).

SECTION 5. Severability. This Ordinance is adopted under the authority of the Charter of the City of Glendale and state law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provisions hereof. In this regard, the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.

SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.

Passed and adopted by the Council of the City of Glendale on the _____ day of _______________, 2024.
____________________________
Mayor

ATTEST:
_________________________
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, Suzie Abajian Ph.D., City Clerk of the City of Glendale, certify that the foregoing Ordinance No. ___________ was passed by a majority vote of the Council of the City of Glendale, California, at a regular meeting held on the _____ day of _____________, 2024, and that the same was passed by the followed vote.

Ayes:

Noes:

Absent:

Abstain:
______________________________
City Clerk
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ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, AMENDING SECTION 5.20.010 AND ADDING SECTION 5.20.110 OF THE GLENDALE MUNICIPAL CODE, 1995, RELATING TO THE SIDEWALK

VENDOR LICENSE
WHEREAS, since 2012, the City of Glendale has issued 61 sidewalk vendor licenses, known until 2019 as peddlers’ licenses, to persons who sell food or merchandise from their persons or carts on public rights-of-way; and WHEREAS, in 2018, the California State Legislature passed, and the Governor of California signed into law, the Safe Sidewalk Vending Act (the “Act”), which, effective January 1, 2019, authorizes local authorities to adopt sidewalk vending programs, yet prohibits the issuance of criminal penalties for violations of sidewalk vending ordinances and regulations; and
WHEREAS, in 2019, the Council of the City of Glendale adopted Ordinance No. 5936, originally codified at Chapter 5.35, since recodified at Chapter 5.20, of the Glendale Municipal Code, 1995, which requires sidewalk vendors to obtain a sidewalk vendor license before engaging in sidewalk vending and prescribes time, place, and manner regulations that are directly related to objective health, safety, and welfare concerns; and
WHEREAS, engaging in sidewalk vending without a valid sidewalk vendor license, or violating any of the time, place, and manner regulations prescribed in Chapter 5.20 of the Glendale Municipal Code, 1995, is punishable only by administrative fines; and
WHEREAS, the Council of the City of Glendale held a study session on August 27, 2024, in which it received testimony that, as of July 23, 2024, only five (5) sidewalk vendor licenses issued by the City were active; yet, sidewalk vendors were operating at 41 known locations in the City; and
WHEREAS, the testimony reveals that, at minimum, eighty-eight percent (88%) of sidewalk vending receptacles in the City of Glendale as of July 23, 2024, are being operated by sidewalk vendors that have not first obtained a sidewalk vendor license for those receptacles pursuant to Chapter 5.20 of the Glendale Municipal Code, 1995; and WHEREAS, the Act expressly permits local authorities to require from sidewalk vendor license applicants a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number; and Chapter 5.20 of the Glendale Municipal Code, 1995, imposes such a requirement; and WHEREAS, in order to issue an unlicensed sidewalk vendor an administrative fine pursuant to Chapter 5.20 of the Glendale Municipal Code, 1995, the City of 27 of 244

Glendale must positively identify the sidewalk vendor; yet, the City cannot compel a sidewalk vendor to produce identification absent, at minimum, reasonable suspicion of criminal activity, which a violation of Chapter 5.20 does not constitute; and WHEREAS, whether the City of Glendale can positively identify a sidewalk vendor, either because the vendor is licensed or unlicensed and produces valid identification, after being issued an administrative fine, a sidewalk vendor may continue to engage in unlicensed vending or violate any of the time, place, or manner regulations that Chapter 5.20 imposes, leaving the City without a mechanism by which to mitigate objective health, safety, or welfare concerns to which the sidewalk vendor license requirement and time, place, and manner regulations directly relate; and WHEREAS, the Council of the City of Glendale finds and declares that impounding the instrumentalities of a violation of Chapter 5.20 of the Glendale Municipal Code, 1995, where a sidewalk vendor cannot, fails or refuses to remedy the violation, and fails or refuses to remove such instrumentalities from the sidewalk, or where they pose an imminent threat to public health or safety, is necessary to mitigate objective health, safety, or welfare concerns; and
WHEREAS, the Council of the City of Glendale finds and declares that impounding the instrumentalities of a violation of Chapter 5.20 of the Glendale Municipal Code, 1995, does not criminalize unlawful sidewalk vending, nor does it constitute criminal punishment, within the meaning of the California Penal Code; and WHEREAS, the Council of the City of Glendale finds and declares that impounding the instrumentalities of a violation of Chapter 5.20 constitutes an administrative mechanism by which to address objective health, safety, and welfare concerns posed by continued unlawful vending by sidewalk vendors that cannot, fail or refuse to remedy such violations, and fail or refuse to remove such instrumentalities from the sidewalk.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1. The above recitals are true and correct.

SECTION 2. Section 5.20.010 of the Glendale Municipal Code, 1995, is hereby amended to read as follows:

5.20.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
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"Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"City" means the city of Glendale.
"Exclusively residential" means the following zones: all single-family and multi-family zones, as described in Chapter 30.11, Residential Districts, of this code. For purposes of this chapter, any area not within an exclusively residential zone shall be deemed commercial.
"Immediate vicinity" means within 500 feet.
"Park" means a public park owned or operated by the city. "Person" means any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company.
"Receptacle" means equipment used by a sidewalk vendor for vending activities, including, but not limited to, a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
"Sidewalk" means a public sidewalk or paved pedestrian path specifically designed for pedestrian travel. A sidewalk shall not include streets, alleys, plazas, or city-owned parking lots or structures.
"Sidewalk vendor" or "vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. A sidewalk vendor may be either a:

1. "Roaming sidewalk vendor," which means a sidewalk vendor who moves from place to place and stops only to complete a transaction; or

2. "Stationary sidewalk vendor," which means a sidewalk vendor who vends from a fixed location.
“Sidewalk vending items” means a sidewalk vendor’s receptable and any other equipment used by a sidewalk vendor to facilitate the sale of food or merchandize, and any food or merchandize offered, exposed or displayed for sale by a sidewalk vendor. "Special event permit" means a permit issued for the temporary use of, or encroachment on, a sidewalk or other public area, including, but not limited to, a special event permit issued pursuant to Chapter 5.88 of this code and a special event permit issued by the city's community services and parks department for events at any city park.
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"Vend" or "vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation. Vend or vending does not include the offering of services.

SECTION 3. Section 5.20.110 of the Glendale Municipal Code, 1995, is hereby added to read as follows:

5.20.110 Impoundment.

A. A vendor’s sidewalk vending items may be impounded under any one or more of the following circumstances:

1. A vendor engaged in sidewalk vending without a sidewalk vendor license in violation of Section 5.20.020, that is asked to produce valid identification to facilitate the issuance of an administrative citation pursuant to Section 5.20.090, subsection B, and remove their sidewalk vending items from the sidewalk until the vendor obtains a sidewalk vendor license, fails or refuses to either produce valid identification or remove their sidewalk vending items.
a. Subsection A.1 does not preclude the issuance of an administrative citation to an unlicensed vendor that produces valid identification, yet whose sidewalk vending items are impounded because the vendor fails or refuses to remove them.

2. A vendor that holds a valid sidewalk vendor license issued pursuant to Section

5.20.020 and otherwise engages in sidewalk vending in violation of this chapter, after being asked to remedy the violation or remove their sidewalk vending items from the sidewalk until the violation can be remedied, fails or refuses to either remedy the violation or remove their sidewalk vending items. a. Subsection A.2 does not preclude the issuance of an administrative citation pursuant to Section 5.20.090, subsection B, to a vendor whose sidewalk vending items are impounded.

3. A vendor’s sidewalk vending items pose an imminent threat to public health or safety.

4. A vendor’s sidewalk vending items are abandoned on any public property.

B. Sidewalk vending items subject to impoundment shall be removed, stored, and retrieved pursuant to the following procedures:

1. A vendor whose sidewalk vending items are impounded pursuant to section A shall be personally served a receipt with retrieval instructions at the time of 30 of 244

impoundment. Alternatively, if the vendor holds a valid sidewalk vendor license, or is unlicensed and produces valid identification, the vendor may be served the receipt by U.S. mail. If the vendor cannot be identified or refuses personal service, the receipt shall be conspicuously posted on the sidewalk from which the sidewalk vending items were removed.

2. Impounded sidewalk vending items shall be stored and may be retrieved for a period of 90 days after impoundment. Any impounded sidewalk vending items not retrieved after 90 days shall be subject to disposal.
a. A vendor may retrieve impounded sidewalk vending items by producing proof of ownership and making payment of a sum equal to the city’s cost to enforce this section, which the city council shall establish by resolution. b. Notwithstanding subsection B.2, any sidewalk vending items that are perishable or cannot be safely stored because, without limitation, they pose a potential health or safety hazard, are subject to immediate disposal.

3. The city manager may promulgate additional regulations consistent with this subsection to facilitate the removal, storage, and retrieval of impounded sidewalk vending items.

C. A vendor whose sidewalk vending items are impounded may administratively appeal the impoundment within 30 days thereof pursuant to the procedures set forth in Sections 1.24.260 through 1.24.280 of this code.

1. A vendor that has received an administrative citation pursuant to Section

5.20.090, subsection B, and whose sidewalk vending items have been impounded, and that has administratively appealed both the citation and impoundment, shall receive concurrent administrative appeal hearings.

2. Notwithstanding subsection B.2, sidewalk vending items shall not be subject to disposal during the pendency of an administrative appeal in which they are at issue.

SECTION 4. Compliance with California Environmental Quality Act. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” within the meaning of CEQA. Pursuant to section 15378, subdivisions (b)(2) and (b)(5), of Division 6 of Title 14 of the California Code of Regulations (the “CEQA Guidelines”), the term “project” does not include continuing administrative or maintenance activities, including general policy or procedure making (except as applied to specific instances not germane to this Ordinance), or to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Even if it is a “project,” the City Council finds and determines with certainty that there is no possibility that the activity in question, namely, adopting an ordinance to regulate sidewalk vending, may 31 of 244

have a significant effect on the environment; thus, it is exempt from CEQA pursuant to CEQA Guidelines section 15061, subdivision (b)(3).

SECTION 5. Severability. This Ordinance is adopted under the authority of the Charter of the City of Glendale and state law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provisions hereof. In this regard, the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.

SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.

Passed and adopted by the Council of the City of Glendale on the _____ day of _______________, 2024.
____________________________
Mayor

ATTEST:
_________________________
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, Suzie Abajian Ph.D., City Clerk of the City of Glendale, certify that the foregoing Ordinance No. ___________ was passed by a majority vote of the Council of the City of Glendale, California, at a regular meeting held on the _____ day of _____________, 2024, and that the same was passed by the followed vote.

Ayes:

Noes:

Absent:

Abstain:
______________________________
City Clerk
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Adoption of Ordinances Amending Title 30 of the Glendale Municipal Code, 1995, (Case No. PZC-0010-2024) and the Downtown Specific Plan (Case No. PGPA-003908- 2024) Relating Generally to Standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

1. Ordinance Amending Title 30 Relating Generally to Standards for ADUs and JADUs.

2. Ordinance Amending the Downtown Specific Plan Relating Generally to Standards for ADUs and JADUs.

3. Resolution Making Findings That Certain Portions of Ordinance No. 5997 Complies with California Government Code Sections 66314, et seq. and 66333, et seq., Despite the Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-adopting Those Portions of Ordinance No. 5997 Without Changes.

COUNCIL ACTION
Item Type: Adoption of Ordinances
Approved for December 3, 2024 calendar

EXECUTIVE SUMMARY
Zoning standards for accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) were first established in 2017 and have since been amended several times to bring them into compliance with constantly evolving State law, which requires cities to ministerially approve ADUs and JADUs subject to very limited standards. The most recent update to the ordinance (Ordinance No. 5997) was adopted by City Council on November 15, 2022, and is codified in GMC Section 30.34.080 (“ADU/JADU Ordinance”). Following a comprehensive review of the City’s ADU/JADU standards, the California Department of Housing and Community Development (“HCD”) made findings identifying 16 areas in the zoning standards that are not in compliance with State law.

The City Council initiated amendments to Glendale’s zoning standards for ADUs and JADUs on August 20, 2024, based on the topics HCD initially identified. 34 of 244

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On November 19, 2024, Council introduced ordinances amending Title 30 of the Glendale Municipal Code (“GMC”), 1995, and the Downtown Specific Plan (“DSP”), as it relates to requirements for ADUs and JADUs. The motion to introduce the ordinance was made by Councilmember Brotman and included provisions to continue to allow JADUs on properties in any zone, as long as the existing use is single-family, to amend the code to eliminate the provision prohibiting construction of an ADU and accessory living quarters on a property and allow both, and to eliminate the prohibition of construction of an ADU above a detached garage or carport.

RECOMMENDATION
That the City Council review and adopt the resolution making findings and review and adopt the ordinances amending Title 30 of the Glendale Municipal Code, 1995, and the Downtown Specific Plan related generally to standards for ADUs and JADUs.

ANALYSIS
On November 19, 2024, Council introduced ordinances relating to standards for ADUs and JADUs in response to HCD’s findings of non-compliance that identified 16 areas where the City’s ADU/JADU Ordinance conflicts with State law. The proposed amendments also include provisions to address the recently adopted SB 1211 that goes into effect on January 1, 2025, which include a new definition for “livable space”, expanding the exception for replacement parking requirements to include uncovered parking, increases the number of ADUs allowed on multi-family properties to up to 8, and clarifies that objective design standards do not apply to mandatory ADUs. For the majority of the 16 areas identified by HCD, clarifying amendments to the City’s Zoning Code and DSP are included in the ordinances. During the November 19, 2024, hearing, there were three items for which staff required final direction from Council, detailed below:
•JADUs and Zoning – To either keep current code allowing JADUs to be built in any zone with a single-family use or to agree with HCD’s position and amend the code to only allow JADUs to be built in single-family zones. The Council was in unanimous agreement to keep the code as-is and adopt findings as to why the current code complies with State law.
•Accessory Living Quarters – To either keep current code, which prohibits both an ADU and accessory living quarters, or to amend the code according to HCD’s findings and allow both. Three Councilmembers supported amending the code to allow construction of an ADU and an accessory living quarters and 2 were in favor of keeping the current prohibition disallowing both an ADU and an accessory living quarters on a site.
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5 2
8 1
•ADUs Above a Detached Garage or Carport – To either keep the current prohibition on new construction ADUs above a detached garage or carport or to amend the code in accordance with HCD’s findings and allow them. Three Councilmembers were in supported amending the code and 2 supported continuing the prohibition.

Councilmember Brotman made the motion to introduce the proposed ordinances during the November 19, 2024 hearing, which ordinances included provisions to continue to allow JADUs in any zone with single-family uses on-site, to allow both ADUs and accessory living quarters, and to allow ADUs above a detached garage. These changes have been incorporated in the final ordinance for consideration and both the “clean” (no redlines) and redline versions of each of the two ordinances are included for reference.

If the Council wishes to contests any of HCD’s findings, Government Code Section 66326 requires the Council to adopt findings explaining why re-adoption of those provisions of its ordinance complies with State law. A resolution is included that addresses these necessary findings and alternative language is included depending on the final adopted ordinances.

The City’s Charter requires a four-fifths vote to adopt amendments to the Zoning Code.

During the November 19, 2024 hearing, there was not a four-fifths consensus on the topics of accessory living quarters and ADUs above a detached garage or carport. As it relates to accessory living quarters, staff recommends amending the code to eliminate this prohibition. While the intent of the prohibition was to minimize a proliferation of detached accessory buildings on lots, any request for an accessory living quarters (e.g., pool house, recreation room, etc.) will continue to be limited to 500 square feet in area and regulated by zoning standards for floor area, height, setbacks, lot coverage, landscaping, and design review.

As it relates to ADUs above a detached garage or carport, the amendments in the ordinance include provisions to address height and objective design standards to minimize potential privacy impacts. Staff reviewed the language of the State law and in discussions with the City Attorney’s office came to the following conclusions, which are now codified in the amendments:
•To be considered a mandatory ADU that is exempt from the objective design standards, an ADU above a detached garage or carport would have to be limited to 16 feet in overall height, or 18 feet if within close proximity to major transit stops. This is based on the language in State law that is clear about height allowances for detached buildings versus ADUs attached to a primary dwelling.

Applicants who select this option would be limited in height under the provisions of state law, and exempt from the objective design standards. Based on Building 36 of 244

47c
5 2
8 1
Code requirements, building an ADU above a detached garage and staying within these height limits would be extremely difficult, but not impossible. •A more permissive and more realistically feasible height allowance of up to 25 feet is proposed for ADUs above a detached garage or carport, with the caveat that these ADUs would be subject to the objective design standards included in the ordinance for adoption. If an applicant elected to utilize the more permissive height allowance, the ADU would not be a “mandatory” ADU and therefore, the applicant would have to comply with the objective design standards which are geared towards minimizing massing and privacy impacts to adjacent properties.

Should the Council not come to a four-fifths agreement on these two topics, staff recommends not amending the code and adopting findings pursuant to Government Code Section 66326 to keep the current code.

STAKEHOLDERS/OUTREACH
The Code requires public notice when the Council considers adoption of amendments to the Zoning Code and/or the General Plan. Staff has published all required notices for this hearing. Public notice was also provided for the Planning Commission hearing of October 16, 2024.

FISCAL IMPACT
There is no fiscal impact associated with this report.

ENVIRONMENTAL REVIEW (CEQA)
Pursuant to the California Environmental Quality Act (CEQA), staff has determined, and recommends that the City Council find, that the proposed amendments contained in the subject Ordinances and the accompanying Resolution are exempt from further review pursuant to Public Resources Code Section 21080.17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h) because the subject Ordinances and Resolution implement the provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), second units in a single-family or multifamily residential zone.

Moreover, the subject Ordinances and Resolution are exempt from further environmental review under CEQA pursuant to Title 14 of the California Code of Regulations Section 15060(c)(1), as they implement provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 37 of 244

57c
5 2
8 1
1 of Title 7 of, the Government Code), which require ministerial review and approval of accessory dwelling units and junior accessory dwelling units and therefore, do not involve the exercise of discretionary powers by the City.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION

1.Alternative 1: Not introduce and not subsequently adopt the proposed amendments to the Zoning Code and DSP which relate generally to standards for ADUs and JADUs.

This will likely cause HCD to escalate enforcement efforts that may expose the City to legal risks.

2.Alternative 2: Any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Bradley Calvert, Director of Community Development
Prepared by:

Vista Ezzati, Principal Planner
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None
38 of 244

1 ORDINANCE NO. ________________

AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA
AMENDING SECTIONS 30.10.070, 30.11.020, 30.11.050, 30.12.020, 30.14.020, 30.15.020,

30.16.020, 30.34.080 and 30.70.050, OF TITLE 30
OF THE GLENDALE MUNICIPAL CODE, 1995,

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSSORY DWELLING UNITS (CASE NO. PZC-0013-2024)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

WHEREAS, the City of Glendale (“City”) regulates accessory dwelling units pursuant to Title 30 of the Glendale Municipal Code, 1995 (“GMC”), including Chapter

30.34, as well as pursuant to the Glendale Building and Safety Code; and WHEREAS, California Government Code (“CA Gov’t Code”) Sections 66314, et seq., allow local agencies to enact ordinances providing for the creation of accessory dwelling units and junior accessory dwelling units, and establish standards for ministerial review of such units; and
WHEREAS, the City adopted Housing Element 2021-2029 of the General Plan on February 1, 2022 and this Element was certified by the State Department of Housing and Community Development (“HCD”) on February 27, 2023; and WHEREAS, CA Gov’t Code Section 66319 declares that accessory dwelling units in areas zoned to allow single-family or multi-family dwelling residential uses do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot; and
WHEREAS, the development of accessory dwelling units and junior accessory dwelling units will further local, regional and state goals for meeting the Regional Housing Needs Allocation set forth in the City’s Housing Element 2021-2029; and WHEREAS, the City’s Housing Element 2021-2029, contains Policy 1.9 “Encourage flexibility in the Zoning Ordinance to promote a wide range of housing types”; Policy 1.3 “Promote the dispersion of affordable housing throughout the City while recognizing the potential for the integration of market-rate and affordable units within individual projects”; Policy 2.9 “Respect scale, historic continuity, and a sense of community in new residential development”; and, Policy 6.10 “encourage the use of sustainable building practices in residential developments” and permitted accessory dwelling units and junior accessory dwelling units implements these policies; and
WHEREAS, the Greener Glendale Plan for Community Activities was adopted by the City Council on March 12, 2012, for the purposes of promoting sustainable practices and establishing greenhouse gas reduction strategies in accordance with AB 32 (2006) and SB 375 (2008); and
WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4 directs Glendale to continue to promote infill development to increase sustainability and 39 of 244

2 livable environment and permitting accessory dwelling units and junior accessory dwelling units is consistent with that objective; and
WHEREAS, CA Gov’t Code Section 66314 requires cities to permit accessory dwelling units and junior accessory dwelling units in areas zoned for single family and multifamily residential uses, but allows cities to designate areas where accessory dwelling units and junior accessory dwelling units may be permitted based on the adequacy of water and sewer services and the impact of accessory dwelling units and junior accessory dwelling units on traffic flow and public safety, as well as, allows cities to impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources; and
WHEREAS, on December 8, 2020, the City Council adopted Ordinance Nos. 5957 and 5958 amending permanent standards and processes for the review and approval of accessory dwelling units and junior accessory dwelling units, which Ordinance was codified in Section 30.34.080 of the GMC; and
WHEREAS, on November 15, 2022, the City Council adopted Ordinance No. 5997 incorporating state law amendments and minor modifications and clarifications related to accessory dwelling units and junior accessory dwelling units; and WHEREAS, following HCD’s review of Ordinance No. 5997, HCD sent the City a series of letters, commencing with a letter dated December 7, 2023, and including a June 19, 2024 “Notice of Violation” letter, with written findings alleging portions of Ordinance No, 5997 does not comply with CA Gov’t Code Sections 66314, et seq. (“State ADU Law”), to which the City responded; and
WHEREAS, pursuant to CA Gov’t Code Section 66326(b), the City must consider the findings made by HCD pursuant to its review of Ordinance No. 5997 and must either amend the Ordinance to comply with State ADU Law, and/or re-adopt the Ordinance without changes, but with findings in a resolution adopting the Ordinance that explains the reasons the City believes that the Ordinance complies with State ADU Law, despite HCD’s findings; and
WHEREAS, on August 20, 2024, at a regularly scheduled City Council meeting, and in response to the above-referenced written findings, the City Council considered said findings and initiated amendments to Title 30 of the GMC related to development standards for accessory dwelling units and junior accessory dwelling units as to portions of said findings, and directed staff to re-adopt Ordinance No. 5997 without changes (with findings in a resolution adopting the Ordinance explaining the reasons the City believes the Ordinance complies with State ADU Law despite HCD’s findings) as to certain other portions of Ordinance No. 5997; and
WHEREAS, the City’s Planning Commission considered and recommended approval of these amendments to Title 30 of the GMC, as well as readoption of portions of Ordinance No. 5997 with findings, at its meeting of October 16, 2024. 40 of 244

3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE DOES 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. All of the findings contained in Resolution No. ______ (A Resolution of the City Council of the City of Glendale, California, Making Findings That Certain Portions of Ordinance No. 5997 Complies With California Government Code Sections 66314, et seq., and 66333, et seq. Despite The Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-Adopting Those Portions of Ordinance No. 5997 Without Changes Within Ordinance No. ______) are hereby incorporated herein by reference as if set forth in full.

SECTION 2. Section 30.10.070 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.10.070 Zoning districts – Regulations.

A. Permitted Primary Uses and Structures. The purpose of the sectional listing of permitted primary uses and structures contained within each zone regulations is to identify all principal uses and structures that are allowable on a lot within that zone as a matter of right.

Subject to the provisions of the zone, except as otherwise provided, no building, structure or land shall be used and no building, structure or use shall be established except the listed permitted primary uses and structures.

B. Permitted Accessory Uses and Structures. The purpose of the sectional listing of permitted accessory uses and structures contained within each zone regulations is to identify uses and structures that are allowable when they are integrated with and clearly incidental to a primary use on the same lot. All buildings and structures shall conform to the development standards of the zone.

C. Temporary Uses and Structures. The purpose of the sectional listing of temporary uses and structures is to identify those uses that may be allowable within a given zone for a limited amount of time and under certain specified conditions.

D. Conditional Uses and Structures. The purpose of the sectional listing of conditional uses and structures is to identify those uses and structures which must first obtain permission for their establishment within the zone by a conditional use permit. The specific conditional uses and structures which are listed are considered to be typical of uses which require individual review as to their particular characteristics and location, and ones that may require special conditions to their establishment in order to protect the health, safety and general welfare.
41 of 244

4 E. Compliance with Laws. Notwithstanding any provision in this code to the contrary, any establishment that engages in or carries out any activity contrary to federal, state or local laws shall be prohibited.

F. Development Standards—General. The development standards contained within this title and the various zones have been established in order to assure adequate levels of light, air and density of development, to maintain and enhance locally-recognized values of community appearance and to promote the safe and efficient circulation of pedestrian and vehicular traffic. The standards are in furtherance of the goals and objectives of the comprehensive general plan and are found to be necessary for the preservation of the community, health, safety and general welfare.

G. Site Requirements—General. The area and dimensions of all building sites shall be sufficient to accommodate the anticipated density of development, open spaces, setbacks and parking spaces.

H. Density. The density of development has been established for each zone in accordance with the comprehensive general plan in order to promote the orderly, efficient and most appropriate growth within the city, consistent with the planned capability of services and infrastructures. Density shall be calculated from the area of the lot before any public right-of- way dedications are made. An accessory dwelling unit and/or junior accessory dwelling unit on a lot developed with single-family or multi-family dwelling unit(s) is deemed a residential use consistent with the existing general plan and zoning designation for the lot, as provided for in the Government Code of the State of California, Section 66319.

I. Lot Size. Where minimum lot sizes or dimensions required within the zone standards, they have been established in order to promote the type and scale of development envisioned in the comprehensive general plan. Where existing lots with lesser size and dimensions are existing in a zone, an exception has been made in some zones for such lots when their development would not be harmful to the achievement of the overall goals and objectives of the plan.

J. Coverage. Maximum coverage requirements contained within certain zone standards have been established to provide minimum open spaces for light, air and ventilation and to reserve adequate area for open spaces, setbacks and other amenities. Coverage shall be calculated from the area of the lot after any public right-of- way dedications are made.

K. Height. Height standards are reflective of intensity and scale of development. In order to maintain a sound plan and compatibility with surrounding uses, the structural height of buildings must be regulated and intensities directed to their most appropriate location. Factors taken into consideration in the establishment of height criteria are shade/shadow effects; light, air and ventilation; scenic vistas; and intensity of development and ability to serve.

L. Unit Size. Minimum unit sizes as may be established in the various zones are for the purpose of assuring acceptable living areas, the control of overcrowding and the provision of conditions conducive to a decent, safe and sanitary environment.

M. Setbacks, Open Space and Landscaping Requirements. The purpose of setbacks, 42 of 244

5 open space and landscaping requirements is to assure that an effective separation is provided between properties and uses to foster compatibility, identity, privacy, light, air and ventilation and provide for landscaped areas in the living and working environments for visual relief and recreation. Setbacks and required landscaping shall be calculated from the property lines or area of the lot after any public right-of-way dedications are made.

N. Medical Marijuana Dispensary, Marijuana Dispensary, Marijuana Cultivation, Marijuana Processing, and Delivery or Distribution of Marijuana or Medical Cannabis Products as Prohibited Uses. Notwithstanding any other provision of this code, a medical marijuana dispensary, marijuana dispensary, marijuana cultivation, marijuana processing, and delivery or distribution of marijuana or medical cannabis products, as these terms are defined in Section 9.10.010, are prohibited in all zones, including all specific plan areas, except where the city is preempted by federal or state law from enacting a prohibition of any such prohibited uses, or is preempted by federal or state law from enforcing any of these prohibitions.

O. Home-Sharing Activities and Vacation Rentals. Home-sharing, as defined in Section

5.56.030, is permitted subject to the restrictions in Chapter 5.56. Vacation rentals, as defined in Section 5.56.030, are prohibited in all zones.

SECTION 3. Section 30.11.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.11.020 Residential district land uses and permit requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the residential zoning districts shall be erected, structurally altered, enlarged or established except the following permitted uses, buildings and structures identified with a “P” in Table 30.11–A.

B. Conditional Uses and Structures. The following uses and structures identified with a “C” in Table 30.11 – A may be permitted in the residential zoning districts subject to approval of a conditional use permit (Section 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Temporary Uses. Temporary uses (identified with a “T” in Table 30.11 – A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

D. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a “P” in Table 30.11 – A.

E. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.11-A may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

F. Standards for Specific Uses. Where the last column in the following tables (“See standards in Section”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

G. Historic Resources. Uses listed as permitted or conditionally permitted within a historic resource included on the Glendale Historic Register only (identified in Table 30.11 – A) are 43 of 244

6 permitted or conditionally permitted only within a designated historic resource on the Glendale Register of Historic Resources.

Table 30.11-A

RESIDENTIAL DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) ROS R1R R1 R3050 R2250 R1650 R1250
See
Standards
in Section
or Chapter
Residential Uses
Domestic violence shelter P P P P P P P
Multiple residential dwellings P P P P 30.11.050
One residential dwelling per lot P P P P P P P 30.34.110 Residential congregate living,
limited

P P P P P P P
Residential congregate living,
medical
C C C
Residential congregate living,
non-medical

C C C C
Senior housing P P P P
Education, Public Assembly, Recreation
Community gardens P P P P P P P 30.34.045
Day care center, only where
operated at a church,
synagogue, temple, or other
house of worship, religiously
affiliated or nonsectarian
preschool. In determining
whether to grant or deny a
conditional use permit for a day
care center hereunder, the
content of any curriculum and
every aspect of an organization’s
operations which are religious in
nature shall not be considered

C C C C
Parks and playgrounds,
operated by a homeowners’
association and approved in
connection with a subdivision

P P P P P P P
Parks and playgrounds, private C C C C C C C
Parks and playgrounds, public P P P P P P P
44 of 244

7 Places of worship C C C C C C C
Schools, private C C C
Open Space and Resources
Open space P P P
Transportation and Communication Uses
Utility and transmission facilities C C C C C C C
Wireless telecommunication
facilities
W W W W W W W 30.48
Accessory Buildings, Structures and Uses
Accessory dwelling unit (ADU)
and/or junior accessory dwelling
unit (JADU) on a lot developed
with one residential dwelling unit
P P P P P P P 30.34.080
Accessory dwelling unit(s) (ADU)
on a lot developed with more
than one residential dwelling unit
P P P P P P P 30.34.080
Accessory living quarters or
guest house not to exceed an
aggregate area of 500 sq. ft. of
floor area

P P P P P P P
Accessory buildings or
structures, other than garages or
carports, not to exceed 500 sq.
ft. of floor area

P P P P P P P
Accessory uses P P P P P P P
Antennas (pole type) P P P P P P P
Dish antennas P P P P P P P 30.34.050
Home occupations P P P P P P P 30.45
Home-sharing P P P P P P P 5.110
Signs P P P P P P P 30.33
Solar energy equipment P P P P P P P 30.30.050
Temporary Uses
Contractor’s office and/or
storage, temporary

T T T T T T T
Temporary subdivision sales
offices, sales trailers and model
dwellings or trailers proposed for
use as temporary sales offices
shall be registered with the
director of community

T T T T T T T
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8 Key to Permit Requirements Symbol See Chapter
Permitted use P
Conditional use—Conditional use permit required C 30.42 Temporary use T
Wireless telecommunications facilities permit required W 30.48 Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. development by an application
for conditions of use. The
director of community
development may establish
conditions for operations and
maintenance, including, but not
limited to, restrictions on hours
of operation, lighting and
promotional restrictions and
reasonable termination of the
temporary use. The decision of
the director of community
development shall be
appealable.

Uses Within a Historic Resource
Cultural art centers C C C C C C C
Day care centers C C C C C C C
Museum C C C C C C C
Office C C C C C C C
Residential congregate living,
non-medical
C C C
Restaurants, full service not to
exceed a seating capacity of 40
persons

C C C C
Retail stores, general
merchandise

C C C C C C C
Schools, physical instruction C C C C C C C
Schools, private specialized
education and training

C C C C C C C
46 of 244

9 SECTION 4. Section 30.11.050 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.11.050 Residential district additional R-3050, R-2250, R-1650 and R-1250 development standards. The following standards shall apply in the R-3050, R-2250, R-1650, and R-1250 zones.

A. Dwelling Unit Size. The gross floor area of any dwelling unit shall be not less than provided herein. For the purpose of this section, dens, studies or other similar rooms which may be used as bedrooms shall be considered as bedrooms. Living rooms, dining rooms, kitchens, or bathrooms shall not be considered as bedrooms except that separate dining rooms in efficiency units or rooms that could be converted into additional bedrooms shall be considered as bedrooms. This development standard does not apply to or govern dwelling unit size for accessory dwelling units or junior accessory dwelling units, which are defined separately in Section 30.34.080.

1. Efficiency and one bedroom units: 600 square feet.

2. Two bedroom units: 800 square feet.

3. Three or more bedroom units: 1,000 square feet.

B. Private Outdoor Space. A minimum private outdoor space of 40 square feet shall be provided for each dwelling unit. Such private outdoor space shall be designed as a patio, deck, or balcony and shall have a minimum length or width of four feet and shall be directly accessible and an integral part of the dwelling unit which it serves.

C. Common Outdoor Space. A minimum common outdoor space of 200 square feet shall be provided per dwelling unit for the first 25 dwelling units on a lot; a minimum common outdoor space of 150 square feet shall be provided per dwelling unit for the second 25 dwelling units on a lot; a minimum common outdoor space of 100 square feet shall be provided per dwelling unit for each additional dwelling unit above 50 on a lot. Any common outdoor space shall have a minimum level surface dimension of 10 feet and a minimum area of 200 square feet.

Landscaping and seating shall be permanently integrated into all required common outdoor spaces. No street front setback area or street side setback area shall be used for common outdoor space. The developer shall pay an amount of money, established by the city council as a parks fee, to be used by the city for the purpose of fulfillment of recreational demand created by the project.

D. Distance Between Dwellings. Exterior walls of separate buildings containing dwelling units on the same lot shall be separated by a minimum distance of 12 feet. The windows or window/doors of any one dwelling unit may not face the windows or window/doors of any other dwelling unit unless separated by a distance of 12 or more feet except where the angle between the wall of the separate dwelling units is 90 degrees or more. Walls parallel to each other shall be considered to be at a zero degree angle.

E. Rooftop Equipment. For regulations concerning rooftop equipment, see Section

30.30.020 of this title.

F. Fences and Walls. For regulations concerning fences and walls, see Section 30.30.010.

G. Trash Collection Areas. For regulations concerning trash collection areas, see Section

30.30.030.
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10 H. Access to Dwelling Units. An elevator shall be provided to serve all stories in a building containing more than three dwelling units where the floor area of any dwelling unit is located only on the third story and other dwelling units are located on the first and second stories.

I. Laundry Facilities. Laundry facilities shall be provided to serve all dwelling units on a lot.

Such laundry facilities, constituting washer and dryer appliances connected to utilities, shall be provided in the individual dwelling units where there are three or less dwelling units on a lot.

Where there are more than three dwelling units on a lot, laundry facilities shall either be provided in the individual dwelling units or in a common laundry room. A common laundry room shall be in an accessible location and shall have at least one washer and one dryer for each 10 dwelling units, maintained in operable condition and accessible to all tenants daily between the hours of 7:00 a.m. and 10:00 p.m.

J. Storage Space-Private. A minimum of 90 cubic feet of private storage space shall be provided for each dwelling unit outside such unit unless a private attached garage serving only the dwelling unit is provided. Such private storage space shall have a minimum horizontal surface area of 24 square feet and shall be fully enclosed and lockable.

K. Additional Standards for Floor Area Ratio Minimums.

1. Any development of three to seven multiple residential dwelling units shall not have a floor area ratio standard that is less than 1.0.

2. Any development of eight to 10 multiple residential dwelling units shall not have a floor area ratio standard that is less than 1.25.

3. To be eligible for the provisions in subsections (K)(1) and (K)(2) above, a multi-family housing development project shall meet all of the following conditions:
a. The project consists of at least three, but not more than 10, units. b. The project is located in a multi-family residential zone, commercial zone, or a mixed-use zone, and is not located in either of the following:
i. Within a single-family zone.
ii. Within a historic district or property that is included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is or contains buildings, sites, objects, structures, neighborhoods, cultural landscapes, and archaeological sites, that are designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4. This subsection shall not be construed to prohibit the city from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of this subsection, other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards contained in this subsection.

5. The city may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements of this subsection from achieving the floor area ratio allowed herein.

SECTION 5. Section 30.12.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
48 of 244

11 30.12.020 Commercial district land uses and requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the commercial zoning districts shall be erected, structurally altered, enlarged or established except the following permitted uses, buildings and structures identified with a “P” in Table 30.12-A.

B. Conditional Uses and Structures. The following uses and structures identified with a “C” in Table 30.12-A may be permitted in the commercial zoning districts subject to approval of a conditional use permit (Chapter 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Administrative Uses and Structures. The following uses and structures identified with an “A” in Table 30.12-A may be permitted in the commercial zoning districts subject to approval of an administrative use permit (Chapter 30.49). The development standards of this zone shall apply except as otherwise provided herein.

D. Temporary Uses. Temporary uses (identified with a “T” in Table 30.12-A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

E. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identifies with a “P” in Table 30.12A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.12-A may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

G. Standards for Specific Uses. Where the last column in the following tables (“See Standards in Chapter or Section”) includes a Chapter or Section number, the regulations in the referenced chapter or section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

H. Uses Not Listed. Land uses that are not listed on Table 30.12-A, or are not shown in a particular zoning district are not allowed, except for other uses which the director of community development determines to be similar in nature, function and operation to listed permitted primary uses within these zones.

Table 30.12-A

COMMERCIAL DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

Accessory Structures and Uses
Accessory dwelling unit (ADU), and/or
junior accessory dwelling unit (JADU) on
a lot developed with one residential
dwelling unit
P P P P P P P 30.34.080
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12 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

Accessory dwelling unit(s) (ADU) on a
lot developed with more than one
residential dwelling unit
P P P P P P P 30.34.080
Accessory uses P P P P P P P
Antennas (pole type) and flagpoles P P P P P P P
Carts (freestanding, non-motorized,
portable type) P P P P P P 30.34.040
Dish antennas P P P P P P P 30.34.050
Home occupations P P P P P 30.45
Home-sharing P P P P P P P 5.56
Reverse vending machines P P P P P P 30.12.040
Signs P P P P P P P 30.33
Solar energy equipment P P P P P P P 30.30.050
Institutional Uses
Cultural arts centers P P P
Hospitals P P
Museums P P P
Places of worship P P P C P
Schools, physical instruction P P P P P
Schools, private C C C C C
Schools, private specialized education
and training A P P C P
Light Industrial Uses
Backlots/outdoor facilities—Production C C
Broadcasting studios and indoor support
facilities—Production P P P(3) P
Medical and dental laboratories P P P(3) P
Soundstages—Production P P
Utility and transmission facilities C C C C C C C
Miscellaneous Uses
Non-emergency heliports C C
Parking lots or structures P P P P P P P 30.32

30.51.020
Office Uses
Contractors office and/or storage,
temporary T T T T T T T
Contractors office P P P P P P
Medical and dental offices P P P P(3) P P P
Office P P P P(3) P P P
Office, consumer services P P P
Veterinary offices, including
hospitalization services P P P P P
50 of 244

13 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

Recreational Uses
Arcade establishment C C C
Billiard establishments P P P P
Children’s indoor play areas P P P P
Community gardens P P P P P P 30.34.045
Cyber-café establishments P P A
Gyms and health clubs P P C P P
Indoor recreation center P P P P P
Outdoor commercial recreation C C
Private clubs and lodges C C P C P
Public dances P P P P P P
Taverns C C C C C C
Theaters C P C P
Residential Uses
Domestic violence shelters P P P P P P
Emergency shelter C C C
Residential congregate living, limited
subject to the provisions of one
residential dwelling per lot in the R-1250
zone

P P P P P P

Residential congregate living, medical A P P P
Residential congregate living, non-
medical, subject to the provisions of the
R-1250 zone and provided further that
ground floor level is occupied with
permitted commercial uses

P P P P

Residential congregate living, non-
medical, at the ground floor level subject
to the provisions of the R-1250 zone

A A A A

Multiple residential dwellings subject to
the provisions of the R-1250 zone and
provided further that the ground floor
level is occupied with permitted
commercial uses

P P P P P

Multiple residential dwellings with
dwelling units at the ground floor level
subject to provisions of the R-1250 zone

C C C C
One residential dwelling per lot subject
to the provisions of the R-1250 zone P P P P P P
Senior housing subject to the provisions
of the R-1250 zone and provided further
that the ground floor level is occupied
with permitted commercial uses

P P P P P
51 of 244

14 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

Senior housing at the ground floor level
subject to the provision of the R-1250
zone

C C C C C
Retail Uses
Alcoholic beverage sales A(4) A(4) A(4) A(4) A(4) A(4) Automobile supply store P P P P P
Banquet halls C C C C
Christmas tree sales lots, when
maintained between November 1st and
January 9th
T T T T T 5.36
Firearms, weapon sales P P P P
Hardware stores P P P P P P
Jewelry stores P P P P P P
Liquor stores A A A A A A
Nurseries and garden supplies P P P P P
Paint and wallpaper stores P P P P P P
Pawnshops P P
Pharmacy P P P P P P
Pumpkin sales lots, when maintained
between October 15th and November 1st T T T T T 5.36 Restaurant, counter service with limited
seating P P P P P P
Restaurants, fast food A P P A P P
Restaurants, full service P P P P P P
Retail stores, general merchandise P P P P P P
Spas and swimming pools, sales and
service P P P P P
Supermarkets P P P P P P
Vehicle sales, leasing and rental
agencies P P P 30.34.160
Service Uses
Ambulance services P P P P P P
Banks and financial institutions P P P P P P
Business support services P P P P(3) P P
Car washes, full or self service P P P P 30.34.030
Day care centers P P P P P P P
Gas station C P P C P P 30.34.020
Heating and air conditioning sales and
service (HVAC) P P 30.34.070
Hotels and motels P P P(3) P
Massage establishment C C C C C C 5.64
Mortuaries and funeral homes P P
52 of 244

15 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

Personal services P P P P P P
Pet grooming P P P P P
Repair and maintenance, consumer
products P P P P P P
Tire stores P P P 30.34.140
Vehicle repair garage P P P 30.34.150
Wireless telecommunications facilities W W W W W W W 30.48 Key to Permit Requirements Symbol See Chapter
Permitted use P
Administrative use—Administrative use permit
required A 30.49
Conditional use—Conditional use permit
required C 30.42
Temporary use T
Wireless telecommunications facilities permit
required W 30.48
Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. (3) Permitted above the first floor level only.
(4) An Administrative Use Permit (AUP) is not required for supermarkets with 20,000 sq. ft. of floor area or greater.

SECTION 6. Section 30.14.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.14.020 Mixed use district land uses and permit requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the mixed-use zoning districts shall be erected, structurally altered, enlarged or established except the following permitted uses, buildings and structures identified with a “P” in Table 30.14-A.

B. Conditional Uses and Structures. The following uses and structures identified with a “C” in Table 30.14-A may be permitted in the mixed-use zoning districts subject to approval of a 53 of 244

16 conditional use permit (Chapter 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Administrative Uses and Structures. The following uses and structures identified with an “A” in Table 30.14-A may be permitted in the commercial zoning districts subject to approval of an administrative use permit (Chapter 30.49). The development standards of this zone shall apply except as otherwise provided herein.

D. Temporary Uses. Temporary uses (identified with a “T” in Table 30.14-A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

E. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a “P” in Table 30.14-A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.14-A may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

G. Standards for Specific Uses. Where the last column in the following tables (“See Standards in Section or Chapter”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

Table 30.14-A

MIXED USE ZONING DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
Accessory Buildings, Structures and Uses
Accessory dwelling unit (ADU), and/or junior
accessory dwelling unit (JADU) on a lot
developed with one residential dwelling unit
P P 30.34.080
Accessory dwelling unit(s) (ADU) on a lot
developed with more than one residential
dwelling unit
P P 30.34.080
Accessory buildings and structures P P
Accessory uses P P P
Antennas (pole type) P P P
Carts (freestanding, non-motorized, portable
type) P P P 30.34.040
Dish antennas P P P 30.34.050
Home occupation P P 30.45
Home-sharing P P P 5.110
Reverse vending machines P P P 30.14.040
Signs P P P 30.33
Solar energy equipment P P P 30.30.050
54 of 244

17 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
Institutional Uses
Places of worship C C C
Schools, physical instruction P P P
Schools, private C C C
Schools, private specialized education and
training P P P
Recreation
Community gardens P P P 30.34.045
Gyms and health clubs C C C
Indoor recreation centers C C C
Nightclubs C
Outdoor commercial recreation C C C
Private clubs and lodges C C C
Public dances P P P
Taverns C C C
Theaters C C C
Manufacturing and Processing
Backlots/outdoor facilities—Production P C C
Broadcasting studios and indoor support
facilities—Production P P P
Heavy manufacturing P P
Laundries and dry-cleaning plants P P(4)
Light manufacturing P P P(3)(4)
Printing, publishing, and lithographic services P P(4) P(3)(4) Research and development P P P(4)
Soundstages—Production P P C
Warehousing P P P(4)
Wholesaling, including wholesaling of alcoholic
beverages P P P(4)
Residential Uses
Domestic violence shelter P P P
Conversion of a live/work unit to entirely
residential or entirely business use C C C
Emergency shelter P
Multiple residential dwelling units A P(5)
Residential congregate living, limited P
Residential congregate living, medical A A
Residential congregate living, non-medical A A
Senior housing C P(5)
Mixed-Use Developments
Live/work units A A P(6) 30.34.090
Live/work units with conditionally permitted uses C C C(6) 30.34.090 55 of 244

18 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
Mixed-use development provided that all uses
are permitted in zone which the project is
located
P(6) 30.34.100
Mixed-use development where at least one use
is conditionally permitted C(8) C C 30.34.100
Retail Trade Uses
Alcoholic beverage sales A(9) A(9) A(9)
Automobile supply stores P P
Banquet halls C C
Building materials, supplies, sales and service P P
Christmas tree sales lots, when maintained
between November 1st and January 9th T T 5.36
Firearms, weapon sales P P
Hardware stores P P
Jewelry stores P P P
Liquor stores A A A
Nurseries and garden supplies P P P
Paint and wallpaper stores P P
Pharmacy P P P
Pumpkin sales lots, when maintained between
October 15th and November 1st T T 5.36
Restaurant, counter service with limited seating P P P
Restaurants, fast food P P P
Restaurants, full service P P P
Retail stores, general merchandise P P P
Spas and swimming pools, sales and service P P
Supermarkets P P P
Vehicle sales, leasing and rental agencies,
including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats
P P 30.34.160
Vehicle sales, leasing and rental agencies,
including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats existing prior to September 12, 2006,
including a one-time expansion on the same lot
of up to 20% of floor area
P 30.34.160
Expansion of vehicle sales, leasing and rental
agencies, including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats existing prior to September 12, 2006,
when proposed expansion is on the same lot as
the existing facility and is greater than 20% of
the floor area existing prior to September 12,
C 30.34.160
56 of 244

19 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
2006, or for any new facilities on separate or
non-contiguous lots
Service Uses
Ambulance services P P
Banks and financial institutions P P P
Body shops and painting booths P P(4) 30.34.150
Business support services P P P
Car washes (full or self service) P P 30.34.030
Day care centers P P A
Equipment rental yards P P
Gas stations P P C 30.34.020
Heating and air conditioning sales and service
(HVAC) P P 30.34.070
Hotel and motels C C C
Kennel, animal boarding and daycare P(10) P(10)
Massage establishment C C C 5.64
Medical and dental laboratories P P P
Mortuaries and funeral homes A A
Moving and storage services P P
Pawnshops P P P
Personal services P P P
Pet grooming P P
Repair and maintenance, consumer products P P(4) P(3)(4)(11) Storage, personal facility P
Storage, outdoor facility P
Tire stores P P 30.34.140
Towing services and impound yards C C 30.34.145
Vehicle repair garages P P(4) 30.34.150
Office Uses
Contractor’s office and/or storage, temporary T T
Medical and dental offices P P P
Offices P P P
Office, consumer services P P C
Veterinary offices, including hospitalization
services P P
Transportation and Communications Uses
Parking lot/structure facilities P P C 30.32, 30.51.020 Utility and transmission facilities C C C
Wireless telecommunications facilities W W W 30.48
Key to Permit Requirements Symbol See Chapter
Permitted use P
57 of 244

20 Administrative use—Administrative use permit
required A 30.49
Conditional use—Conditional use permit required C 30.42 Temporary use T
Wireless telecommunications facilities permit
required W 30.48
Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. (3) If gross floor area of the building is 10,000 sq. ft. or less and use is indoors; if greater than 10,000 sq. ft. and/or use is outdoors, a conditional use permit is required. (4) Requires a conditional use permit when combined in a mixed-use development which includes residential.
(5) When fronting San Fernando Road, Broadway, or Colorado Street, only allowed as mixed-use projects with commercial uses located along the street frontage as required in Section 30.34.100.
(6) For lots having frontage along San Fernando Road, Broadway, and Colorado Street, manufacturing and processing uses shall not be on the ground floor fronting these streets. (7) No drive-thru facilities permitted.
(8) The only dwelling units permitted are live/work units. (9) Supermarkets only require an Administrative Use Permit for on-site consumption of alcoholic beverages. An Administrative Use Permit is not required for wholesaling. (10) Not to be located nearer than 200 feet to the R1, R1R, ROS, R-3050, R-2250, R-1650 and R-1250 zones if use includes outdoor facilities.
(11) For upholstery services it shall include furniture only, no vehicles.

SECTION 7. Section 30.15.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.15.020 Special purpose district land uses and permit requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the special purpose zoning districts shall be erected, structurally altered, enlarged, or established except the following permitted uses, buildings and structures identified with a "P" in Table 30.15-A.
58 of 244

21 B. Conditional Uses and Structures. The following uses and structures identified with a "C" in Table 30.15-A may be permitted in the special purpose zoning districts subject to approval of a conditional use permit (Chapter 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Administrative Uses and Structures. The following uses and structures identified with an “A” in Table 30.15-A may be permitted in the special purpose zoning districts subject to approval of an administrative use permit (Chapter 30.49). The development standards of this zone shall apply except as otherwise provided herein.

D. Temporary Uses. Temporary uses (identified with a “T” in Table 30.15-A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

E. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a “P” in Table 30.15-A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.15-A, may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

G. Standards for Specific Uses. Where the last column in the following tables (“See Standards in Section or Chapter”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

I. Uses Not Listed. In the CE and CEM zones only, land uses that are not listed on Table

30.15-A, or are not shown in a particular zoning district are not allowed, except where other uses which the directory of community development determines to be similar in nature, function and operation to listed permitted primary uses within these zones.

Table 30.15-A

SPECIAL PURPOSE DISTRICTS AND PERMIT REQUIREMENTS
PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Accessory Buildings, Structures and Uses
Accessory dwelling unit (ADU), and/or junior
accessory dwelling unit (JADU) on a lot
developed with one residential dwelling unit
P 30.34.080
Accessory dwelling unit(s) (ADU), on a lot
developed with more than one residential
dwelling unit
P 30.34.080
Accessory use P P P P
59 of 244

22 PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Accessory living quarters or guest house not to
exceed an aggregate area of 500 sq. ft. of floor
area
P
Antennas (pole type) and flagpoles P P P P
Auditoriums P P
Caretaker's residences P P P P
Carts (freestanding, nonmotorized, portable
type)
P P 30.34.040
Dish antennas P P P 30.32.050
Home occupations P
Home-sharing P 5.56
Manufacturing of containers for caskets,
remains and flowers
P
Mobile medical trailers, temporary T(5)
Museums P
Nurseries and garden supplies P
Reverse vending machines P 30.12.040
Signs P P P P 30.33
Solar energy equipment P P P P 30.30.050
Agriculture, Open Space, and Resources
Apiaries P
Open space/conservation areas P
Education, Public Assembly, Recreation—General
Amphitheaters P
Aquariums P
Arboretums and botanical gardens P
Auditoriums P
Aviaries P
Bandstands P
Community gardens P P
Golf courses, country clubs, driving ranges and
related facilities
P
Libraries P
Local fairs P
Museums P
60 of 244

23 PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Observatories P
Parks and playgrounds, private P P
Places of worship P P(4)
Public dances P
Recreational camps P
Riding academies or stables P(3)
Stables, including boarding of horses, sale or
exchange of horses and horse rentals
P
Swimming pools P
Education, Public Assembly, Recreation Within a Public Park Amphitheaters P
Aquariums P
Arboretums and botanical gardens P
Auditoriums P
Aviaries P
Bandstands P
Community center P
Community gardens P 30.34.045
Convention centers P
Day care A
Golf courses, country clubs, driving ranges and
related facilities
P
Gymnasiums P
Libraries P
Local fairs P
Museums P
Observatories P
Parks and playgrounds, public P
Public dances P
Recreational camps P
Riding academies or stables P(3)
Swimming pools P
Institutional Uses
Cultural arts centers P
61 of 244

24 PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Hospitals P
Museums P
Schools, physical instruction C
Schools, private C
Schools, private specialized education and
training
C
Light Industrial Uses
Broadcasting studios and indoor support
facilities—Productions
P
Medical and dental laboratories P
Miscellaneous Uses
Non-emergency heliport P
Parking lots P
Parking structures, subject to PS overlay
required setback standards
P 30.23,

30.32.110
Office Uses
Contractor's office and/or storage, temporary T T T
Contractor's office P
Medical and dental offices P
Office P
Office, consumer services P
Recreational Uses
Children indoor play areas P
Cyber-café establishments P
Gyms and health clubs P
Indoor recreation center P
Private clubs and lodges P
Residential Uses
Domestic violence shelter P
Emergency shelter P
Multiple residential dwelling units subject to
provisions of the R-2250 zone
P
One residential dwelling per lot subject to
provisions of the R-2250 zone
P
Residential congregate care living, limited P
62 of 244

25 PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Residential congregate care living, medical P
Residential congregate care living, non-medical P
Senior housing P
Retail Uses
Alcoholic beverage sales A A
Christmas tree sales lots, when maintained
between November 1st and January 9th
T T 5.36
Jewelry stores P
Liquor stores C
Pharmacy P
Pumpkin sales lots, when maintained between
October 15th and November 1st
T T 5.36
Restaurant, counter service with limited seating P
Restaurants, fast food P
Restaurants, full service P
Retail stores, general merchandise P
Western retail and supply stores P
Service Uses
Ambulance services P
Banks and financial institutions P
Business support services P
Cemeteries P
Day care centers P
Gas station P 30.34.020
Hotels and motels P
Kennel and animal boarding P C
Massage establishment C 5.64
Mortuaries and funeral homes P
Personal services P
Repair and maintenance, consumer products P
Sanitary landfills and related recovery of
materials
C
Transportation and Communications Uses
Utility and transmission facilities C C C(6) C
Wireless telecommunication facilities W W W W 30.48
63 of 244

26 Key to Permit Requirements Symbol See Chapter
Permitted use P
Administrative use—Administrative use permit
required A 30.49
Conditional use—Conditional use permit required C 30.42 Temporary use T
Wireless telecommunications facilities permit
required W 30.48
Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. (3) Not to be located nearer than 1/2 mile to the R1, R1R, ROS, R-3050, R-2250, R-1650 and R-1250 zones on which there is no H overlay zone.
(4) Places of worship in the SR zone must have been in existence as of September 26, 2006.
(5) Temporary mobile medical trailers must be used on a hospital site and are limited to a period of 2 years.
(6) See Section 30.15.060 for additional standards.

SECTION 8. Section 30.16.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.16.020 TOD district land uses and permit requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the transit oriented development districts shall be erected, structurally altered, enlarged, or established except the following permitted uses, buildings and structures identified with a "P" in Table 30.16.020-A.

B. Conditional Uses and Structures. The following uses and structures identified with a "C" in Table 30.16.020-A may be permitted in the transit oriented development districts subject to approval of a conditional use permit (Chapter 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Administrative Uses and Structures. The following uses and structures identified with an “A” in Table 30.16.020-A may be permitted in the transit oriented development districts subject to approval of an administrative use permit (Chapter 30.49). The development standards of this zone shall apply except as otherwise provided herein. 64 of 244

27 D. Temporary Uses. Temporary uses (identified with a “T” in Table 30.16.020-A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

E. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a “P” in Table 30.16.020-A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.16-A, may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

G. Standards for Specific Uses. Where the last column in the following tables (“See Standards in Section or Chapter”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

Table 30.16.020-A

TRANSIT ORIENTED DEVELOPMENT DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Accessory Buildings, Structures and Uses
Accessory dwelling unit (ADU), and/or junior
accessory dwelling unit (JADU) on a lot
developed with one residential dwelling unit
P P 30.34.080
Accessory dwelling unit (ADU), on a lot
developed with one residential dwelling unit
P P 30.34.080
Accessory uses P P
Accessory buildings and structures P P
Antennas (pole type) and flagpoles P P
Carts (freestanding, non-motorized, portable
type)
P P 30.34.040
Dish antennas P P 30.34.050
Home occupation P P 30.45
Home-sharing P P 5.110
Reverse vending machines P P 30.12.040
Signs P P 30.33
Solar energy equipment P P 30.30.050
Institutional Uses
Hospitals P
Places of worship C
65 of 244

28 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Schools, physical instruction P C
Schools, private C
Schools, private specialized education, and
training
P C
Recreation
Arcade establishment P P
Billiard establishments P
Community gardens P 30.34.045
Gyms and health clubs P
Indoor recreation center C
Outdoor commercial recreation C
Private clubs and lodges C
Public dances P
Taverns C
Theaters P P
Manufacturing and Processing
Backlots/outdoor facilities – production C
Broadcasting studios and indoor support
facilities – production
P
Heavy manufacturing, if existing prior to
October 10, 2023
P P
Laundries and dry cleaning plants, if existing
prior to October 10, 2023
P P
Light manufacturing P(3)(4)
Medical and dental laboratories P P
Printing, publishing, and lithographic services P(3)(4) Research and development P(4)
Soundstages – production P
Warehousing P
Wholesaling, including wholesaling of alcoholic
beverages
P
Residential Uses
Domestic violence shelters P P
Conversion of a live/work unit to entirely
residential or entirely business use
A
66 of 244

29 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Emergency shelter C
Multiple residential dwelling units P(5) P(5)
Residential congregate living, Limited (subject
to the provisions of one residential dwelling per
lot)
P P
Residential congregate living, Medical P P
Residential congregate living, Non-medical P(5) P(5)
One residential dwelling per lot subject to the
provisions of the R-1250 zone
P
Senior housing P(5) P(5)
Mixed-Use Developments
Live/work units P(6) 30.34.090
Live/work units with conditionally permitted
uses
C 30.34.090
Mixed-use development provided that all uses
are permitted in zone which the project is
located
P P
Mixed-use development where at least one use
is conditionally permitted
C C
Retail Trade Uses
Alcoholic beverage sales A(8) A(8)
Automobile supply store P
Banquet halls C
Building materials, supplies, sales and service P
Christmas tree sales lots, when maintained
between November 1st and January 9th
T T 5.36
Jewelry stores P
Liquor stores A
Nurseries and garden supplies P
Paint and wallpaper stores P
Pawnshops, if existing prior to October 10,
2023
P
Pharmacy P P
Pumpkin sales lots, when maintained between
October 15th and November 1st
T T 5.36
Restaurant, counter service with limited seating P P
67 of 244

30 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Restaurants, fast food P P
Restaurants, full service P P
Retail stores, general merchandise P P
Supermarkets P P
Vehicle sales, leasing and rental agencies,
including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats existing prior to October 10, 2023,
including a one-time expansion on the same lot
of up to 20 percent of floor area.

P 30.34.160
Expansion of vehicle sales, leasing and rental
agencies, including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats existing prior to September 12, 2006,
when proposed expansion is on the same lot as
the existing facility and is greater than 20
percent of the floor area existing prior to
September 12, 2006, or for any new facilities
on separate or non-contiguous lots.

C 30.34.160
Service Uses
Banks and financial institutions P
Body shops and painting booths, if existing
prior to October 10, 2023

30.34.150
Business support services P
Day care centers A A
Equipment rental yards, if existing prior to
October 10, 2023
P
Gas station P 30.34.020
Heating and air conditioning sales and service
(HVAC), if existing prior to October 10, 2023
P 30.34.070
Hotels and motels P
Kennel, animal boarding and daycare P(9)
Massage establishment C 5.64
Medical and dental laboratories P P
Mortuaries and funeral homes A
Moving and storage services, if existing prior to
October 10, 2023
P
Personal Services P P
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31 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Pet grooming P
Repair and maintenance, consumer products P(4)
Tire stores, if existing prior to October 10, 2023 30.34.140 Vehicle repair garage, if existing prior to
October 10, 2023
P 30.34.150
Office Uses
Contractors office and/or storage, temporary T T
Medical and dental offices P P
Office P P
Office, consumer services C
Veterinary offices, including hospitalization
services
P
Transportation and Communications Uses
Parking lot/structure facilities C P 30.32,

30.51.020
Utility and transmission facilities C C
Wireless telecommunications facilities W W 30.48
Key to Permit Requirements Symbol See Chapter
Permitted use P
Administrative use—Administrative use permit
required A 30.49
Conditional use—Conditional use permit required C 30.42 Temporary use T
Wireless telecommunications facilities permit
required W 30.48
Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. (3) If gross floor area of the building is 10,000 sq. ft. or less and use is indoors; if greater than 10,000 sq. ft. and/or use is outdoors, a conditional use permit is required. (4) Requires a conditional use permit when combined in a mixed-use development which includes residential.
69 of 244

32 (5) When fronting San Fernando Road, Central Avenue, or Los Feliz Road, only allowed as mixed-use projects with commercial uses located along the street frontage as required in Section 30.34.100.
(6) For lots having frontage along San Fernando Road, Central Avenue, or Los Feliz Road, manufacturing and processing uses shall not be on the ground floor fronting these streets. (7) No drive-thru facilities permitted.
(8) Supermarkets only require an Administrative Use Permit for on-site consumption of alcoholic beverages. An Administrative Use Permit is not required for wholesaling. (9) Not to be located nearer than 200 feet to the R1, R1R, ROS, R-3050, R-2250, R16-50 and R-1250 zones if use includes outdoor facilities.

SECTION 9. Section 30.34.080 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.34.080 Accessory dwelling units and junior accessory dwelling units.

A. Intent and Purpose. This section is intended to provide for the creation of accessory dwelling units and junior accessory dwelling units in a manner that is ministerial and nondiscretionary consistent with state law.

1. Accessory dwelling units and/or junior accessory dwelling units, as applicable, are located on lots developed or proposed with dwelling units in areas zoned for single- family and multi-family residential (including mixed-use residential) uses and can provide an important source of affordable housing. For purposes of this section, the existing one residential dwelling on property zoned single-family residential or property with an existing single-family dwelling on it shall also be known as the primary dwelling.

2. Accessory dwelling units and junior accessory dwelling units, when appropriately sized and located, have little impact on neighborhood quality of life or upon real property that is listed, or identified on a historic survey as potentially eligible on the National Register of Historic Places, California Register of Historical Resources, Glendale Register of Historic Resources, and in a city of Glendale designated or nominated Historic District.

3. Establishing reasonable regulations for accessory dwelling units and junior accessory dwelling units is an appropriate mechanism to properly balance the need for additional affordable housing with the need to maintain existing architectural character, community character and neighborhood quality of life.

4. Accessory dwelling units and junior accessory dwelling units are not considered for purposes of general plan density calculation.

5. Accessory dwelling unit and junior accessory dwelling unit permits are necessary to enable tracking of affordable housing and to ensure review and compliance with zoning, fire, and life safety standards contained in state and local law.

B. Applicability. This section shall apply to all zones that allow single-family or multi-family 70 of 244

33 residential use(s).

C. Definitions. The following definitions shall apply to the requirements of this section any term not defined herein shall have the same meaning as defined in Chapter 30.70:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit as defined in Section 17958.1 of the Health and Safety Code. b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence, and shall in no event be contained within a detached accessory building or structure. For purposes of this definition, “contained entirely within a single-family residence” means enclosed uses within the residence, such as attached garages. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. “Tandem parking” means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. General Provisions.

1. Accessory dwelling units shall be permitted in any zone that allows residential uses and is developed with residential uses or is proposed to be developed with a 71 of 244

34 residential use. Where two or more contiguous lots in the same ownership are developed as one building site with residential dwellings and where an accessory dwelling unit is proposed, a lot line adjustment or parcel map, as applicable, shall be required to create one lot by relocating or eliminating existing lot lines.

2. Junior accessory dwelling units shall only be permitted on lots developed with one residential dwelling or proposed to be developed with one residential dwelling.

Where two or more contiguous lots in the same ownership are developed as one building site with residential dwellings and where a junior accessory dwelling unit is proposed, a lot line adjustment or parcel map shall, as applicable, be required to create one lot by relocating or eliminating existing lot lines.

3. Accessory dwelling units and junior accessory dwelling units are subject to the underlying zoning development standards for setback, floor area ratio, lot coverage, open space and landscaping that are applicable to the primary residential dwelling, or dwellings, except as otherwise set forth in this section. These prohibitions do not apply when compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2) below. The underlying zoning development standards for floor area ratio, lot coverage, open space and landscaping shall not include up to 800 square feet of any accessory dwelling unit area constructed under the provisions of this section.

4. No additional setback shall be required for an existing living area or accessory building or a building constructed in the same location and to the same dimensions as an existing building that is converted to an accessory dwelling unit, and a setback of no more than four feet from an interior lot line shall be required for an accessory dwelling unit that is not converted from an existing building constructed in the same locations and to the same dimensions as an existing building.

5. An accessory dwelling unit shall include:
a. A bathroom.
b. A kitchen.
c. Independent access.
d. Comply with building codes, including sufficient setbacks for fire. e. May not be smaller than identified in Section 17958.1 of the California Health and Safety Code.
f. Must be served by utilities, including sewer, water and electric.

6. All new construction attached or detached accessory dwelling units shall have a maximum square footage as follows.
a. Eight hundred fifty square feet; or
b. One thousand square feet for an accessory dwelling unit that provides more than one bedroom.

7. All new construction accessory dwelling units attached to the existing or proposed primary dwelling shall not exceed 50% of the existing or proposed floor area of the 72 of 244

35 primary dwelling, but in no event shall an accessory dwelling unit exceed the maximum square feet stated in subsection (D)(6) above. This prohibition does not apply when compliance with this section precludes development of an accessory dwelling unit that qualifies under (E)(4) below.

8. A junior accessory dwelling unit shall include:
a. An efficiency kitchen, which shall include a sink and a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. b. Independent access.
c. Comply with building codes, including sufficient setbacks for fire. d. May not be smaller than identified in Section 17958.1 of the California Health and Safety Code.
e. Must be served by utilities, including sewer, water and electric. f. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

9. In no case shall new construction of an accessory dwelling unit be located between the primary residential dwelling(s) and the street front and street side setback.

Notwithstanding such prohibition, in cases where a lot has more than one street front (through lot), a new construction attached or detached accessory dwelling unit may be located between the street front setback and the side or rear façade of the primary residential dwelling(s). Further, no additional driveway shall be allowed from any street frontage. These prohibitions do not apply when compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2)(b) below.

10. Any rental of an accessory dwelling unit created pursuant to this section shall be for a term longer than 30 days.

11. Except as provided in Government Code Section 66341 or otherwise allowed by state or local law, an accessory dwelling unit cannot be sold separately from the residential dwelling(s). A junior accessory dwelling unit cannot be sold separately from the sale of the single-family residence under any circumstance.

12. Fire sprinklers shall be required for the accessory dwelling unit and/or junior accessory dwelling unit if fire sprinklers are or were required for the residential dwelling. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single- or multi-family dwelling.

13. No passageway shall be required between an entrance of the accessory dwelling unit and the street right-of-way as defined in state law.

14. The property owner shall pay all sewer, water, school district, and other applicable fees.
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36 15. Notwithstanding Chapter 4.10 and any development impact fee resolutions adopted thereunder:
a. Any accessory dwelling unit under 750 square feet shall be exempt from any development impact fee, including, but not limited to, the parks and libraries development impact fee; and
b. Any accessory dwelling unit of 750 square feet or greater shall be charged a parks and library development impact fee in an amount proportionally related to the square footage of the primary dwelling unit or the average square footage of the existing or proposed multi-family dwelling units, as applicable, not to exceed that amount set forth in the development impact fee resolution adopted pursuant to Chapter 4.10 of this code.

16. The property owner may install new or separate utility connections between the accessory dwelling unit(s) or junior accessory dwelling unit and the utility, and pay all applicable connection fees or capacity charges.

17. An accessory dwelling unit or junior accessory unit shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer, unless the accessory dwelling unit or junior accessory dwelling unit is constructed with a new single-family dwelling.

18. When an accessory dwelling unit or junior accessory dwelling unit qualifies under subsection (E)(4) or (F)(2), installation of new or separate utility connections, including related connection fees or capacity charges, directly between the accessory dwelling unit or junior accessory dwelling unit shall not be required unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family dwelling.

19. When an accessory dwelling unit or junior accessory dwelling unit does not qualify under subsection (E)(4) or (F)(2), installation of a new or separate utility connection directly between the accessory dwelling unit and the utility may be required.

Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit or junior accessory dwelling unit, based upon either it’s square footage or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

20. In addition to the above, the City shall comply with all accessory dwelling unit and junior accessory dwelling unit permitting and permit processing requirements, mandates, timelines, deadlines, restrictions, prohibitions and limitations contained in California Government Code Sections 66314, et seq., including, but not limited to, Sections 66316 through 66317 and 66331 through 66332.

E. Additional Standards Specific Only to an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit Where Only One Residential Dwelling Unit Exists or is Proposed on a Lot. The following standards and criteria apply to accessory dwelling units and/or junior accessory dwelling units where only one residential dwelling unit 74 of 244

37 exists or is proposed on a lot.

1. Except as otherwise set forth in this section, accessory dwelling units and junior accessory dwelling units are subject to all zoning development standards that apply in the underlying zone to the primary residential dwelling, including, but not limited to, setbacks, floor area ratio, lot coverage, landscaping, open space, and ungraded open space, except that no more than a minimum of four foot interior setbacks shall be required.

2. Notwithstanding the development standards for floor area ratio, lot coverage, and open space (when not required for minimum landscaping requirements) for the underlying zone, a new construction attached or detached accessory dwelling unit shall be permitted that provides four foot minimum interior setbacks and does not exceed the following height limitations:
a. A height limit of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
b. A height limit of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling unit that is within one-half (0.5) mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. In no case shall the accessory dwelling unit exceed two stories. c. A height of 25 feet or the height limitation of the underlying zoning district, whichever is lower, for an accessory dwelling unit that is attached to the primary dwelling. In no case shall the accessory dwelling unit exceed two stories.
d. A height limit of 25 feet for a new construction accessory dwelling unit located above a detached garage or carport that complies with the objective design standards set forth in section (G) below. In no case shall the new accessory dwelling unit exceed two stories.

3. For properties listed on the California Register of Historic Places, the Glendale Register of Historic Properties, any property in an adopted or nominated historic district overlay zone, or any property identified as significant or potentially significant on a historic survey meeting the requirements of Public Resources Code Section 5024.1(g), any exterior changes to an existing property to create an accessory dwelling unit and/or a junior accessory dwelling unit shall not be visible from the public street or sidewalk right-of-way immediately adjacent to the property and shall not alter any defining historical characteristic unless compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) below.

4. Notwithstanding subsection (E)(1) above:
a. One accessory dwelling unit and one junior accessory dwelling unit shall be allowed when all of the following apply:
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38 i. The accessory dwelling unit or junior accessory dwelling unit shall be located within the proposed space of a single-family dwelling or existing space of a single-family dwelling, or the accessory dwelling unit shall be located within the existing space of an accessory building and may include an expansion of an accessory building not to exceed 150 square feet beyond the same physical dimensions as the existing accessory building.

An expansion of an accessory dwelling unit beyond the physical dimensions of the existing accessory building shall be limited to accommodating ingress and egress;
ii. The space has exterior access from the proposed or existing single-family dwelling;
iii. For fire safety purposes, at least one of the existing interior setbacks has minimum of three feet; and
iv. The junior accessory dwelling unit complies with all other junior accessory dwelling unit requirements outlined in this Ordinance.
b. One detached new construction accessory dwelling unit shall be allowed subject to the following:
i. A minimum four foot interior setback;
ii. A maximum square footage of 800 square feet; and
iii. A height limit as set forth in subsection (E)(2) above.

An accessory dwelling unit constructed under subsection (E)(4)(b) above may be combined to also allow a junior accessory dwelling unit in the manner described in subsection (E)(4)(a) above, but only where one residential dwelling unit exists, or is proposed to be constructed.

5. Accessory dwelling units and junior accessory dwelling units that are new construction, or propose exterior modifications to an existing primary residence or to a permitted accessory building shall comply with the objective design standards set forth in subsection (G) below. These standards shall not apply to an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) above.

F. Additional Standards Specific Only to Accessory Dwelling Units on Lots Developed with Existing or Proposed Multiple Residential Dwelling Units. The following standards and criteria apply to accessory dwelling units on lots developed with existing or proposed multiple residential dwelling units.

1. Except as otherwise set forth in this section, accessory dwelling units are subject to all zoning development standards that apply in the underlying zone, including, but not limited to, floor area ratio, lot coverage, landscaping, open space, and ungraded open space, except that no more than a minimum of four foot interior setbacks shall be required.

2. Notwithstanding subsection (F)(1) above, the applicant is entitled to build accessory dwelling units under either subsection (F)(2)(a) or (F)(2)(b) below, but not both:
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39 a. At least one accessory dwelling unit and up to 25% of the existing multi-family dwelling units shall be allowed within portions of existing multi family dwelling structures (excluding existing dwelling units) that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings; or
b. Multiple accessory dwelling units with minimum four foot interior setbacks shall be allowed. These accessory dwelling units may be attached or detached from each other and shall not exceed the number specified in subsection (F)(2)(b)(i) or (F)(2)(b)(ii), as applicable:
i. On a lot with an existing multi-family dwelling, not more than eight detached accessory dwelling units shall be allowed. The number of accessory dwelling units allowable pursuant to this sub-section shall not exceed the number of existing units on the lot.
ii. On a lot with a proposed multi-family dwelling, not more than two detached accessory dwelling units shall be allowed.
c. The following height limitations shall apply for accessory dwelling units that qualify under subsection (F)(2)(b)(i) or (F)(2)(b)(ii) above:
i. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
ii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi family dwelling unit that is within one-half (0.5) of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit(s) that is aligned with the roof pitch of the primary dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
iii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family, multi-story dwelling. In no case shall the accessory dwelling unit exceed two stories.

3. Junior accessory dwelling units are prohibited on lots developed with existing multiple residential dwelling units.

4. For properties listed on the California Register of Historic Places, the Glendale Register of Historic Properties, any property in an adopted or nominated historic district overlay zone, or any property identified as significant or potentially significant on a historic survey meeting the requirements of Public Resources Code Section 5024.1(g), any exterior changes to an existing property to create accessory dwelling units shall not be visible from the public street or sidewalk right-of-way immediately adjacent to the property and shall not alter any defining historical characteristic unless compliance with this section precludes development of an accessory dwelling unit(s) that qualifies under subsection (F)(2) above. 77 of 244

40 5. Accessory dwelling units that are new construction, or that propose exterior modifications to an existing multi-family building or to a permitted accessory building shall comply with the objective design standards in subsection (G) below.

These standards shall not apply to an accessory dwelling unit(s) that qualifies under subsection (F)(2) above.

G. Objective Design Standards for Accessory Dwelling Units. The following standards and criteria shall apply to accessory dwelling units, or portions thereof, that directly face the public realm, which for the purposes of this subsection shall include improved public streets, sidewalks, alleys, parks, and accessory dwelling units that include a second story. Accessory dwelling units that do not include a second story and/or are hidden from view from the public realm by primary or accessory buildings shall be exempt from these criteria. In accordance with Government Code Section 66323(b), these standards do not apply to the development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2) above. This section is not applicable to designated historic resources and potential historic resources, as defined in GMC 15.20.20, and/or contributors in designated or pending historic districts, as defined in GMC 30.25.015.

1.Massing.
a.Roof Form and Pitch.
i. The roof form of the accessory dwelling unit shall match the roof form of the existing primary residence or multi-family building.
ii. For an existing primary residence or multi-family building with multiple roof forms, the roof of the accessory dwelling unit shall match at least one of the roof forms of the existing development. The accessory dwelling unit may have more than one roof form, so long as the selected roof forms match those of the existing primary residence or multi-family building. iii. When the roof pitch of the existing primary residence or multi-family building has a pitch greater than 4:12, the roof pitch of the accessory dwelling unit is not required to match, so long as the accessory dwelling unit complies with the height requirements set forth in subsections (E)(2) and (F)(2)(b) above. iv. Rooftop decks are prohibited on all attached or detached accessory dwelling units and junior accessory dwelling units, including both new construction and conversions.
v. When a parapet is incorporated into the design of the accessory dwelling unit or junior accessory dwelling unit, the parapet height shall not exceed 18 inches above the lowest point of the roof.
b.Breaks in Building Volume.
i. Each façade that directly faces the public realm shall have at least one change in plane with a minimum depth of 18 inches.
ii. Second-floor overhangs for the accessory dwelling unit shall be oriented towards the rear and side yard areas and shall not directly face the public realm.
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41 2.Design and Detailing.
a.Exterior Wall Cladding.
i. Except as indicated in subsections (G)(2)(a)(vi) and (G)(2)(a)(vii) below, the accessory dwelling unit shall have a minimum of two wall cladding materials at any façade or portion thereof which directly faces the public realm. ii. The use of stucco shall be limited to a maximum of 60% of the total exterior wall surface of any façade or portion thereof which directly faces the public realm.
iii. All cladding materials shall wrap exterior corners and either wrap the entire building or terminate at inside corners.
iv. Any of the following cladding materials may be used: wood or cementitious siding (e.g., lap siding, tongue-and-groove/interlocking boards, board-and- batten, shingle), stucco, brick, veneer brick, natural stone, and pre-cast stone.
v. If siding is applied solely at the base of the building (wainscoting), it shall extend from the lowest edge of the wall up to, at a minimum, the height of the lowest windowsill on that façade. If a façade is windowless, the siding at its base shall either match the height of any siding proposed at adjoining façades or, if none exists, shall not be greater than four-feet above the level of the adjoining grade.
vi. If the roof of the existing primary residence or multi-family building is clad with Spanish-tiles (one- or two- piece clay or concrete tiles with a curved profile), 100% of the exterior wall surfaces of the accessory dwelling unit shall be clad with stucco.
vii. If the existing primary residence or multi-family building is clad entirely with horizontal and/or shingle siding, 100% of exterior wall surfaces of the accessory dwelling unit directly facing the public realms shall be clad with horizontal and/or shingle siding.
b.Roof Cladding.
i. Pitched roofs on the accessory dwelling unit shall be clad with a material that matches the roof of the existing primary residence or multi-family building in terms of material, color, texture, dimensions, shape, and profiles. ii. Flat roofs may be clad with any material permitted by the building code. iii. If the flat-roofed portion of the existing primary residence or multi-family building has Spanish-tile (one- or two-piece clay or concrete tile with a curved profile) parapet caps, any flat-roof portion of the accessory dwelling unit shall have parapet caps that match the existing parapet caps of the existing primary residence or multi-family building in terms of material, color, texture, dimensions, shape, and profiles.
iv. If the flat-roofed portion of the existing primary residence or multi-family building does not have Spanish-tile parapet caps, any flat-roofed portion of 79 of 244

42 the accessory dwelling unit shall have parapets with an upper surface designed to shed water or with a sheet-metal parapet cap that is finished at its outward-facing surface to match the color of the adjacent wall cladding. c.Entryways, Windows and Doors.
i. Windows shall be recessed a minimum of one inch from the face of the window frame to the face of the exterior wall material finish with the exception of those windows permitted in Section (G)(2)(c)(vi). ii. Windows shall have a sill projecting a minimum of one inch from the exterior material finish, except for flush-mounted windows permitted in Section (G)(2)(c)(vi).
iii. Second-floor windows that are facing abutting properties and not oriented towards the interior of the lot shall have a minimum floor to sill height of 60 inches. Any windows that are necessary by the building code for emergency ingress and egress shall be exempt from this requirement only if there are no other alternative options for placement.
iv. Windows may be of any material permitted by the building code. v. No internal grids (“grid-between-glass”) shall be permitted. vi. Windows that are a slider operation and/or flush-mounted windows shall only be permitted when the existing primary residence or multi-family building was constructed on or after January 1, 1960.
vii. Any roof and/or wall elements that shelter entryways shall not exceed the height of the accessory dwelling unit at the location of the entryway. viii. Double doors shall not be permitted.
d.Balconies, Stairs and Landings.
i. Balconies for an accessory dwelling unit or junior accessory dwelling unit shall be oriented towards the interior of the lot and shall not be located where they directly overlook adjacent properties.
ii. All stairs and landings for an accessory dwelling unit or junior accessory dwelling unit shall be located towards the interior of the lot and not directly face the public realm.
e.Equipment and Lighting.
i. Mechanical equipment, including at a minimum, water heaters, HVAC units, and electrical panels, shall not directly face the public realm. ii. Exterior light fixtures shall only be located adjacent to entries, stairs, balconies, and outdoor patio areas. All lighting shall be shielded to minimize spillover and directed downwards and away from adjacent properties.

H. Parking Standards for an Accessory Dwelling Unit.

1. Off-street parking for an accessory dwelling unit shall comply with the following 80 of 244

43 standards:
a. A maximum of one off-street parking space shall be provided per accessory dwelling unit or per bedroom, whichever is less, except as otherwise provided in this section.
b. Any uncovered parking space shall have a minimum width of eight feet and a length of 18 feet.
c. Parking may be located in any configuration on the same lot as the accessory dwelling unit, including covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
d. If a mechanical automobile parking lift is used, it shall be enclosed and may not be located within any setback area.
e. An uncovered parking space may be located within setback areas on an existing driveway and shall not encroach on the public right-of-way. f. A covered or enclosed parking space shall comply with zoning standards.

2. An accessory dwelling unit shall share the driveway with the existing primary residential dwelling or multiple residential dwelling units. The driveway to the primary residential dwelling or multiple residential dwelling units may be modified to accommodate onsite parking and shall comply with Section 30.32.130. A separate driveway for the accessory dwelling unit shall not be provided, except where the lot is adjacent to an alley, in which case a driveway from the alley may be added to serve the accessory dwelling unit.

3. On shared driveways that provide access for multiple lots, such as flag lots, parking shall not be permitted on portions of the driveway that are used to provide access to more than one lot.

4. No on-site parking is required for an accessory dwelling unit when one or more of the following is applicable:
a. The property is located within one-half (0.5) mile walking distance of a public transit stop.
b. The property is listed on the California Register of Historic Places, Glendale Register of Historic Properties, or any property in an adopted historic district overlay zone with a building identified as a contributing building or structure in an adopted historic resources survey.
c. When the accessory dwelling unit is located within the existing primary residence or accessory living quarters.
d. When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.
e. When there is a car share vehicle lot, such as ZIP car, located within one block of the accessory dwelling unit.
f. When it is a junior accessory dwelling unit.
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44 g. When an accessory dwelling unit(s) qualifies for approval under subsection (E)(4) or (F)(2) of this section.
h. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this section.

5. Parking spaces shall not be required to be replaced when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit. For purposes of this section, “in conjunction with” means construction of an accessory dwelling unit(s) or conversion that falls within the footprint of the original garage, carport, or covered parking structure that is proposed to be demolished/converted for an accessory dwelling unit.

I. Covenant and Agreement.

1. A covenant and agreement shall be executed by the property owner and recorded for a junior accessory dwelling unit prior to final approval of the building permit. The covenant and agreement shall include the following:
a. The junior accessory dwelling unit shall not be sold separately from the primary residential dwelling.
b. At all times, the property owner must be an owner-occupant and reside in either the residential dwelling or in the junior accessory dwelling unit. c. The junior accessory dwelling unit permit shall run with the land and the junior accessory dwelling unit permit is binding and enforceable on future property owners.
d. The junior accessory dwelling unit shall be removed at the expense of the property owner if the junior accessory dwelling unit permit is invalidated or terminated, upon violation of this section, or upon cessation of the primary land use as a single-family residential dwelling.

SECTION 10. Section 30.70.050 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.70.050 Definitions, “D”
The following definitions are in alphabetical order:

Day care center. “Day care center” means a facility operated by a person, corporation, or association in which less than 24-hour per day non-medical care and supervision is provided outside the home for minor children or elderly persons, provided such facility is licensed by the State of California as a day care center, and provided further that a copy or evidence of the license issued by the State of California is on file with the city clerk prior to occupancy as such a facility. This definition does not include facilities for the care of up to 14 persons in small and large family day care as defined by the California Health and Safety Code.

Director. “Director” means the director of community development or his/her designee. 82 of 244

45 Detached. “Detached” means any building or structure separated by at least five feet in horizontal distance (measured from eave to eave).

Disability. “Disability” means a disability or handicap as defined by the Federal Fair Housing Act (FFHA). Federal laws define any person with a disability as “Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment.

Dish antenna. “Dish antenna” means any device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, cornucopia or flat plate, and has a diameter in excess of three feet; which device is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This definition shall include, but not be limited to, what is commonly referred to as satellite earth stations, satellite receivers, satellite discs, direct broadcast systems (DBS’s), television reception only systems (TVROs) and satellite microwave antennas.

Down slope wall. “Down slope wall” means the walled side(s) of any building or structure facing down hill.

Domestic violence shelter. “Domestic violence shelter” means a residential facility which provides temporary accommodations to persons or families who have been the victims of domestic violence. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility.

Dwelling. “Dwelling” means a building or any portion thereof designed exclusively for residential purposes, including single and multiple residential dwellings but not including hotels, motels and other places without individual kitchen facilities.

Dwelling unit. “Dwelling unit” means a single unit providing complete, independent living facilities for one person or household, including permanent provisions for living, sleeping, eating, cooking and sanitation. This definition does not include accessory dwelling units or junior accessory dwelling units, which are defined separately in this Chapter.

Dwelling, multiple residential. “Dwelling, multiple residential” means a building or portion thereof designed for occupancy by two or more persons or households living independently of each other in separate units. Includes apartments, townhouses or similar buildings. On-site support services personnel and equipment to maintain independent living is limited to residents of the dwelling.

Dwelling, one residential. “Dwelling, one residential” means a detached building designed exclusively for occupancy by one household. On-site support services personnel and equipment to maintain independent living is limited to residents of the dwelling.

SECTION 11. Pipeline Projects. Accessory dwelling unit and junior accessory dwelling unit permit applications which have been submitted to plan check prior to the adoption of this Ordinance shall be reviewed under the zoning rules and regulations which were in effect on the day prior to adoption of this Ordinance. The foregoing notwithstanding, any applicant may make a request in writing to the Director of Community Development that his or her application be reviewed under the zoning rules and regulations as amended by this Ordinance.

SECTION 12. Pursuant to the California Environmental Quality Act (CEQA) the City Council hereby finds that this Ordinance is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and 83 of 244

46 California Code of Regulations, Title 14, Chapter 3, Section 15282(h) because this Ordinance implements the provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), second units in a single-family or multifamily residential zone. Moreover, this Ordinance is exempt from further environmental review under CEQA pursuant to Title14 of the California Code of Regulations Section 15060(c)(1), as it implements provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), which require ministerial review and approval of accessory dwelling units and junior accessory dwelling units and therefore, does not involve the exercise of discretionary powers by the City.

SECTION 13. Severability. This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.

SECTION 14. Effective Date. This ordinance becomes effective on the thirtieth (30th) day after its adoption.

Passed and adopted by the Council of the City of Glendale on the _______ day of ________, 2024.
______________________________
Mayor
Attest
___________________________________
City Clerk

STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS.

CITY OF GLENDALE)
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, California, certify that the foregoing Ordinance No. ______________ was passed and adopted by the Council of the City of Glendale, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the ______ day of _______________, 2024 by the following vote:
84 of 244

47 Ayes:

Noes:

Absent:

Abstain:
____________________________
City Clerk
85 of 244

1 ORDINANCE NO. ________________

AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA, ADOPTING A GENERAL

PLAN AMENDMENT TO AMEND THE DOWNTOWN SPECIFIC PLAN (DSP)

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSSORY DWELLING UNITS (CASE NO. PGPA-003908-2024)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

WHEREAS, the City of Glendale (“City”) regulates accessory dwelling units pursuant to Title 30 of the Glendale Municipal Code, 1995 (“GMC”), including Chapter 30.34, as well pursuant to the Glendale Building and Safety Code; and WHEREAS, California Government Code (“CA Gov’t Code”) Sections 66314 et seq., allow local agencies to enact ordinances providing for the creation of accessory dwelling units and junior accessory dwelling units, and establish standards for ministerial review of such units; and
WHEREAS, the City adopted Housing Element 2021-2029 of the General Plan on February 1, 2022 and this Element was certified by the State Department of Housing and Community Development (“HCD”) on February 27, 2023; and
WHEREAS, CA Gov’t Code Section 66319 declares that accessory dwelling units in areas zoned to allow single-family or multi-family dwelling residential uses do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot; and WHEREAS, the development of accessory dwelling units and junior accessory dwelling units will further local, regional and state goals for meeting the Regional Housing Needs Allocation set forth in the City’s Housing Element 2021-2029; and
WHEREAS, the City’s Housing Element 2021-2029, contains Policy 1.9 “Encourage flexibility in the Zoning Ordinance to promote a wide range of housing types”; Policy 1.3 “Promote the dispersion of affordable housing throughout the City while recognizing the potential for the integration of market-rate and affordable units within individual projects”; Policy 2.9 “Respect scale, historic continuity, and a sense of community in new residential development”; and, Policy 6.10 “encourage the use of sustainable building practices in residential developments” and permitted accessory dwelling units and junior accessory dwelling units implements these policies; and WHEREAS, the Greener Glendale Plan for Community Activities was adopted by the City Council of the City of Glendale on March 12, 2012, for the purposes of promoting sustainable practices and establishing greenhouse gas reduction strategies in accordance with AB 32 (2006) and SB 375 (2008); WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4 directs Glendale to continue to promote infill development to increase 86 of 244

2 sustainability and livable environment and permitting accessory dwelling units and junior accessory dwelling units is consistent with that objective; and WHEREAS, CA Gov’t Code Section 66314 requires cities to permit accessory dwelling units and junior accessory dwelling units in areas zoned for single family and multifamily residential uses, but allows cities to designate areas where accessory dwelling units and junior accessory dwelling units may be permitted based on the adequacy of water and sewer services and the impact of accessory dwelling units and junior accessory dwelling units on traffic flow and public safety, as well as, allows cities to impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources; and WHEREAS, on December 8, 2020, the City Council adopted Ordinance Nos. 5957 and 5958 amending permanent standards and processes for the review and approval of accessory dwelling units and junior accessory dwelling units, which Ordinance was codified in Section 30.34.080 of the GMC; and WHEREAS, on November 15, 2022, the City Council adopted Ordinance No. 5997 incorporating state law amendments and minor modifications and clarifications related to accessory dwelling units and junior accessory dwelling units; WHEREAS, following HCD’s review of Ordinance No. 5997, HCD sent the City a series of letters, commencing with a letter dated December 7, 2023, and including a June 19, 2024 “Notice of Violation” letter with written findings alleging portions of Ordinance No. 5997 does not comply with CA Gov’t Code Sections 66314, et seq. (“State ADU Law”) to which the City responded; and
WHEREAS, pursuant to CA Gov’t Code Section 66326(b), the City must consider the findings made by HCD pursuant to its review of Ordinance No. 5997 and must either amend the Ordinance to comply with State ADU Law, and/or re-adopt the Ordinance without changes, but with findings in a resolution adopting the Ordinances that explains the reasons the City believes that the Ordinance complies with State ADU Law, despite HCD’s findings; and
WHEREAS, on August 20, 2024, at a regularly scheduled City Council meeting, and in response to the above-referenced written findings, the City Council considered said findings and initiated amendments to Title 30 of the GMC related to development standards for accessory dwelling units and junior accessory dwelling units as to portions of said findings, and directed staff to re-adopt Ordinance No. 5997 without changes (with findings in a resolution adopting the Ordinance explaining the reasons the City believes the Ordinance complies with State ADU Law despite HCD’s findings) as to certain other portions of Ordinance No. 5997; and
WHEREAS, the City’s Planning Commission considered and recommended approval of these amendments to Title 30 of the GMC, as well as readoption of portions of Ordinance No. 5997 with findings, at its meeting of October 16, 2024. 87 of 244

3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE DOES 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. All of the findings contained in Resolution No. _______ (A Resolution of the City Council of the City of Glendale, California, Making Findings That Certain Portions of Ordinance No. 5997 Complies with California Government Code Sections 66314, et seq., and 66333, et seq. Despite The Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-Adopting Those Portions of Ordinance No. 5997 Without Changes Within Ordinance No. _______) are hereby incorporated herein by reference as if set forth in full.

SECTION 2. Downtown Specific Plan. Chapter 3 Land Use. Section 3.3 Land Uses & Permit Requirements. Table 3-A-1: Land Uses and Permit Requirements and Table 3-B-1 are amended to read as follows:
88 of 244

4 89 of 244

5 SECTION 3. Pipeline Projects. Accessory dwelling unit and junior accessory dwelling unit permit applications which have been submitted to plan check prior to the adoption of this Ordinance shall be reviewed under the zoning rules and regulations which were in effect on the day prior to adoption of this Ordinance. The foregoing notwithstanding, any applicant may make a request in writing to the Director of Community Development that his or her application be reviewed under the zoning rules and regulations as amended by this Ordinance.

SECTION 4. Pursuant to the California Environmental Quality Act (CEQA) the City Council hereby finds that this Ordinance is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h) because this Ordinance implements the provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), second units in a single-family or multifamily residential zone. Moreover, this Ordinance is exempt from further environmental review under CEQA pursuant to Title14 of the California Code of Regulations Section 15060(c)(1), as it implements provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), which require ministerial review and approval of accessory dwelling units and junior accessory dwelling units and therefore, does not involve the exercise of discretionary powers by the City.

SECTION 5. 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 6. Effective Date. This ordinance becomes effective on the thirtieth (30th) day after its adoption.

Passed and adopted by the Council of the City of Glendale on the _______ day of ________, 2024.
______________________________
Mayor
Attest
___________________________________
City Clerk
90 of 244

6 STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS.

CITY OF GLENDALE)
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, California, certify that the foregoing Ordinance No. ______________ was passed and adopted by the Council of the City of Glendale, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the ______ day of _______________, 2024 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
____________________________
City Clerk
91 of 244

1 RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA, MAKING FINDINGS THAT CERTAIN PORTIONS OF ORDINANCE NO. 5997 COMPLIES WITH CALIFORNIA GOVERNMENT CODE SECTIONS 66314, ET SEQ., AND 66333, ET SEQ. DESPITE THE FINDINGS OF THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, WHICH

FINDINGS ARE REQUIRED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66326 PRIOR TO RE-ADOPTING THOSE PORTIONS OF ORDINANCE NO. 5997 WITHOUT CHANGES WITHIN ORDINANCE NO. _______
WHEREAS, the City of Glendale (“City”) regulates accessory dwelling units pursuant to Title 30 of the Glendale Municipal Code, 1995 (“GMC”), including Chapter 30.34, as well as pursuant to the Glendale Building and Safety Code; and WHEREAS, California Government Code (“CA Gov’t Code”) Sections 66314, et seq., allow local agencies to enact ordinances providing for the creation of accessory dwelling units and junior accessory dwelling units, and establish standards for ministerial review of such units; and
WHEREAS, the City adopted Housing Element 2021-2029 of the General Plan on February 1, 2022 and this Element was certified by the State Department of Housing and Community Development (“HCD”) on February 27, 2023; and WHEREAS, CA Gov’t Code Section 66319 declares that accessory dwelling units in areas zoned to allow single-family or multi-family dwelling residential uses do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot; and WHEREAS, the development of accessory dwelling units and junior accessory dwelling units will further local, regional and state goals for meeting the Regional Housing Needs Allocation set forth in the City’s Housing Element 2021- 2029; and
WHEREAS, the City’s Housing Element 2021-2029, contains Policy 1.9 “Encourage flexibility in the Zoning Ordinance to promote a wide range of housing types”; Policy 1.3 “Promote the dispersion of affordable housing throughout the City while recognizing the potential for the integration of market-rate and affordable units within individual projects”; Policy 2.9 “Respect scale, historic continuity, and a sense of community in new residential development”; and, Policy 6.10 “encourage the use of sustainable building practices in residential developments” and permitted accessory dwelling units and junior accessory dwelling units implements these policies; and
92 of 244

2 WHEREAS, the Greener Glendale Plan for Community Activities was adopted by the City Council on March 12, 2012, for the purposes of promoting sustainable practices and establishing greenhouse gas reduction strategies in accordance with AB 32 (2006) and SB 375 (2008); and
WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4 directs Glendale to continue to promote infill development to increase sustainability and livable environment and permitting accessory dwelling units and junior accessory dwelling units is consistent with that objective; and WHEREAS, CA Gov’t Code Section 66314 requires cities to permit accessory dwelling units and junior accessory dwelling units in areas zoned for single family and multifamily residential uses, but allows cities to designate areas where accessory dwelling units and junior accessory dwelling units may be permitted based on the adequacy of water and sewer services and the impact of accessory dwelling units and junior accessory dwelling units on traffic flow and public safety, as well as, allows cities to impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources; and
WHEREAS, on December 8, 2020, the City Council adopted Ordinance Nos. 5957 and 5958 amending permanent standards and processes for the review and approval of accessory dwelling units and junior accessory dwelling units, which Ordinance was codified in Section 30.34.080 of the GMC; and WHEREAS, on November 15, 2022, the City Council adopted Ordinance No. 5997 incorporating state law amendments and minor modifications and clarifications related to accessory dwelling units and junior accessory dwelling units; and WHEREAS, following HCD’s review of Ordinance No. 5997, HCD sent the City a series of letters, commencing with a letter dated December 7, 2023, and including a June 19, 2024 “Notice of Violation” letter, with written findings alleging portions of Ordinance No. 5997 does not comply with CA Gov’t Code Sections 66314, et seq. (“State ADU Law”) and 66333, et seq. (“State JADU Law”), to which the City responded; and
WHEREAS, pursuant to CA Gov’t Code Section 66326(b), the City must consider the findings made by HCD pursuant to its review of Ordinance No. 5997 and must either amend Ordinance No. 5997 to comply with State ADU Law, and/or re-adopt the Ordinance without changes, but with findings in a resolution that explains the reasons the City believes that the Ordinance complies with State ADU Law, despite HCD’s findings; and
WHEREAS, on August 20, 2024, at a regularly scheduled City Council meeting, the City Council considered HCD’s findings with respect to Ordinance No. 5997 and initiated amendments to certain portions of Title 30 of the GMC related to 93 of 244

3 development standards for accessory dwelling units and junior accessory dwelling units as to certain of said findings, and directed staff to re-adopt Ordinance No. 5997 without changes (with findings in a resolution explaining the reasons the City believes the Ordinance complies with State ADU Law despite HCD’s findings) as to certain other portions of Ordinance No. 5997; and

WHEREAS, the City’s Planning Commission considered and recommended approval of these amendments to Title 30 of the GMC, as well as readoption of portions of Ordinance No. 5997 with findings, at its meeting of October 16, 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DOES HEREBY FIND AS FOLLOWS:

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 Council hereby makes the following findings pursuant to CA Gov’t Code Section 66326(b) immediately prior to adoption of Ordinance No. _______ (amending portions of Ordinance No. 5997 and re-adopting portions of Ordinance No. 5997), which findings shall be incorporated by reference in Ordinance No. _______, after considering the findings made by HCD pursuant to its review of Ordinance No. 5997, in order to set forth reasons Ordinance No. 5997 complies with State ADU and JADU Law, despite HCD’s findings contained in its December 7, 2023 letter to the City.

3. As to HCD’s finding contained in its December 7, 2023 letter to the City regarding JADUs and Zoning, alleging that the City’s allowance of JADUs in zones other than single family residential zones contained in Ordinance No. 5997 constitutes a violation of CA Gov’t Code Section 66333 (formerly CA Gov’t Section 65852.22(a)), the City Council finds as follows:
a. State JADU Law states “. . . a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones” (CA Gov’t Code Section 66333 (emphasis added)), and nowhere in the text of State JADU Law does the law prohibit a local agency from allowing construction of a JADU in a zone other than single family residential zones. Moreover, State JADU Law does not prohibit a local agency from being more permissive in its local ordinance to permit and promote greater affordable housing opportunities. b. The purpose and intent of the JADU Law is to increase the supply of low-impact affordable housing within an existing single-family home (single-family use), as evidenced by the analysis of AB 2406 contained in the report of the Senate Committee On Transportation and Housing (Senator Jim Beall, Chair 2015-2016), authored by T. Thurmond (finding 94 of 244

4 that “[b]y passing AB 2406, we will remove barriers to development of JADUs that offer an abundant and viable source of low-cost, low-impact and high-benefit rental housing particularly in urban, costal zones, while making owning a home in the state more affordable, without the need for government subsidies” and finding JADUs offer “flexibility to have a second unit, while still allowing for single-family use.”) c. In Ordinance No. 5997, GMC Section 30.34.080(C) defines a JADU as "a unit that is no more than 500 square feet in size and contained entirely within a single-family residence." (emphasis added). Indeed, GMC Section 30.34.080(F)(3) states that "[j]unior accessory dwelling units are prohibited on lots developed with existing multiple residential dwelling units." Similarly, GMC Section 30.34.080(D)(2) states that JADUs are permitted only on lots developed, or proposed to be developed, with one residential dwelling. Thus, Ordinance No. 5997 does not allow a multifamily dwelling unit (use as a multifamily) to construct a JADU. However, there are existing single family residences in all of the City's multifamily zones. Accordingly, the City's intent in allowing a JADU to be constructed on lots in non-single family zones that contain an existing single family residence was to be fair and equitable to those existing single-family homes, and to allow these single family residences the same opportunities to construct a JADU as those that exist in single family zones, thereby increasing the supply of housing units, and, in particular, affordable housing units.
d. Accordingly, Ordinance No. 5997’s allowance of construction of JADUs in zones other than single family residential zones, limited to existing single family uses, violates neither the plain language nor the intent of State JADU Law, and re-adoption of these provisions would thus not violate State JADU Law.

4. [FINDING APPLIES ONLY IF AMENDMENTS TO ALLOW AN ADU AND AN ACCESSORY LIVING QUARTERS DOES NOT GET ADOPTED] As to HCD’s finding contained in its December 7, 2023 letter to the City regarding Accessory Living Quarters alleging that the City’s requirement contained in Ordinance No. 5997, contained in GMC Section 30.34.080(D)(9), that a lot with one residential unit may have either an accessory dwelling unit or an accessory living quarter, but not both, constitutes a violation of CA Gov’t Code Section 66314(d)(3) (formerly CA Gov’t Code Section 65852.2(a)(1)), the City Council finds as follows:
a. Accessory living quarters are defined in GMC Section 30.070.020 as "living quarters within an accessory building for the sole use of persons employed on the premises or members of the household living in the main building. Such quarters have no cooking facilities and are not rented or otherwise used as a separate dwelling.” Accessory living quarters are not the same as ADUs, which are defined as residential dwelling units that provide complete independent living facilities for one 95 of 244

5 or more persons and include permanent provisions for living, sleeping eating, cooking, and sanitation. CA Gov’t Code Section 66313(a). b. State ADU Law provides that a local agency’s ordinance must require an ADU to be “either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.” CA Gov’t Code Section 66314(d)(3).
c. This section neither requires a local agency to allow both an ADU and an accessory structure such as an accessory living quarters, nor does it prohibit a local agency from requiring a lot with a single family dwelling to make a choice to either have one or more ADUs or a guest house.

Applicants are not forced to demolish their accessory living quarters (detached accessory structure limited to 500 square feet (see GMC §

30.11.020, Table A)) - they may make an election to convert it into a detached ADU. Ordinance No. 5997 does not require that all existing areas of the dwelling/accessory structure be converted to an ADU other than existing guest house, which is not prohibited by State ADU Law.

Moreover, this provision of Ordinance No. 5997 does not preclude an ADU or JADU that complies with CA Gov’t Code Section 66323(a). d. The City's purpose in enacting this provision of Ordinance No. 5997 was to minimize the proliferation of detached accessory structures on lots, which further take away from landscaping, contribute to additional lot coverage and floor area ratio, and generally reduce open space, unless the accessory structure is used as an ADU. Rather than limiting ADU opportunities, this provision will encourage applicants to convert their accessory living quarters to an ADU, which will contribute to the creation of independent living facilities that can support renters (as opposed to accessory living quarters, which cannot be separately rented). e. Accordingly, Ordinance No. 5997’s requirement that a lot with one residential unit may have either an accessory dwelling unit or an accessory living quarter, but not both, violates neither the plain language nor the intent of State ADU Law, and re-adoption of these provisions would thus not violate State ADU Law.

5. As to HCD’s finding contained in its December 7, 2023 letter to the City regarding Unit Mixture alleging that the City’s limitation of construction of either (for single family use): 1. one converted ADU and a JADU, or, 2. one detached new construction ADU and a JADU; and, either (for multifamily use): 1. at least one and up to 25% of the existing multifamily dwelling units within portions of existing multifamily dwelling structures not used as livable space, or, 2. not more than 2 (or 8 under SB 96 of 244

6 1211) detached ADUs, contained in Ordinance No. 5997, contained in GMC Section

30.34.080(E)(4) & (F)(2), constitutes a violation of CA Gov’t Code Section 66323(a) (formerly CA Gov’t Section 65852.2(e)(1)) the City Council finds as follows:
a. HCD’s finding that the City must allow a lot with a single family use to construct one detached new construction ADU, one converted ADU and a JADU, and must allow a lot with a multifamily use to construct detached ADUs and convert portions of its non-livable space (up to 25% of its existing units) is contrary to the plain language and legislative intent of State ADU Law.
b. State ADU Law states that a local agency must “ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following”, after which it sets forth two distinct ADU/JADU combination options for single family us lots and ADU types for multifamily use lots. CA Gov’t Code Section 66323(a). The word “any” contained in CA Gov’t Code Section 66323(a) does not mean “any and all” (a phrase that is missing from State Law) of what follows.
c. The above-referenced interpretation of the word “any” in CA Gov’t Code Section 66323(a) is a strained and illogical reading of this section that contradicts the overall ADU/JADU statutory scheme. Section 66323(a)'s language requires a local agency to ministerially approve an application "to create any of the following" and then delineates what is clearly two different and distinct alternate scenarios: 1) a "converted" ADU and a JADU meeting certain specifications; or 2) a detached new construction ADU and a JADU. CA Gov’t Code Section 66323(a)(1-2).

The legislature was clear that each type of ADU (converted or new construction) could also combine with a JADU (and only one JADU with each type of ADU). Under HCDs reading of the statute, requiring the allowance of any and all of the listed types of ADUs/JADUs on one lot, an applicant could create each of the two kinds of ADUs and a JADU for each ADU (resulting in 2 ADUs and 2 JADUs). However, a lot cannot have more than one JADU pursuant to Government Code section 66333(a). Accordingly, HCDs construction of the statutory language is not in harmony with section 66333(a), and thus violates the rules of statutory construction. See Skidgel v. California Unemployment Ins. Appeals Bd., 12 Cal. 5th 1, 14 (20 21) (holding court must "construe the words in question in context, keeping in mind the statutes' nature and obvious purposes. . .. [and] harmonize the 97 of 244

7 various parts of the enactments by considering them in the context of the statutory [framework] as a whole"). The same statutory construction also applies to Section 66323(a)(3-4) in that an applicant must choose either detached ADUs or conversion of non-livable existing space up to 25% of the existing units.

d. The legislative history of the enactment of Section 66323(a) also contradicts HCD’s interpretation, as described above. Both AB 68 and AB 881, which amended State ADU law in 2019 to include the current language of Section 66323(a), were enacted with multiple legislative reports evidencing that the legislature intended to allow a maximum of one ADU (either converted attached or new construction detached) and one JADU in single-family lots. For example, with respect to AB 68, the April 3, 2019 report titled “Assembly Committee on Housing and Community Development”, on page 4 under the heading “Relaxing ADU Standards”, states: “[t]his bill makes major changes to the ADU statute to facilitate the development of more ADUs ... , including the following: Increases the number of ADUs allowed to be constructed per lot by potentially allowing two ADUs on lots with single-family homes, and multiple ADUs on lots with multi-family dwellings.” Moreover, the April 24, 20219 report titled “Assembly Committee on Appropriations (Lorena Gonzalez, Chair AB 68 (Ting) – As Amended April 3, 2019)” on page 1 states that the bill amends the law by allowing “an ADU and a JADU on one lot, under specified conditions”. Similar language is contained in the September 9, 2019 report titled “Concurrence in Senate Amendments”, at page 2 (“This bill ... [i]ncreases the number of ADUs allowed to be constructed per lot by potentially allowing two ADUs on lots with single-family homes, and multiple ADUs on lots with multi-family dwellings.”) Furthermore, the April 3, 2019 titled “Assembly Third Reading” on page 1 references two scenarios for a single family property: 1. a converted ADU and a JADU, or 2. a detached ADU and JADU. (Emphasis added). Additionally, under “comments” on page 5 of the July 10, 2019 report of the Senate Committee on Governance and Finance the following statement appears, describing the law: “AB 68 significantly expands the types of ADUs that cities and counties must permit regardless of local rules to include up to three units on a single-family lot: the primary dwelling, an ADU, and a JADU.” (Emphasis added). Moreover, with respect to AB 881, the Senate Floor Analysis dated September 1, 2019 contains a table on page 5 that delineates that each single family lot may only have one JADU and one ADU.
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8 e. Accordingly, Ordinance No. 5997’s requirement regarding unit mixture, violates neither the plain language nor the intent of State ADU Law, and re-adoption of these provisions would thus not violate State ADU Law.

6. [FINDING APPLIES ONLY IF AMENDMENTS TO ALLOW A NEW
CONSTRUCTION ADU ABOVE DETACHED GRAGE DOES NOT GET ADOPTED] As to HCD’s finding contained in its December 7, 2023 letter to the City regarding Stories alleging that the City’s prohibition of new construction ADUs from being located directly above a detached garage contained in Ordinance No. 5997, contained in GMC Section

30.34.080(E)(7) & (F)(6), constitutes a violation of CA Gov’t Code Section 66314(d)(3) (formerly CA Gov’t Code Section 65852.2(a)(1)), the City Council finds as follows:
a. State ADU Law provides that a local agency’s ordinance must require an ADU to be “either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.” CA Gov’t Code Section 66314(d)(3).
b. The plain language of Section 66314(d)(3) mandates that the City allow an ADU to be either attached to or located within the space of the primary dwelling (including attached garages and other areas that are attached), or mandates that the City allow an ADU to be converted from an accessory structure, or mandates that the City allow an ADU to be detached from the primary dwelling, including detached garages.

The City allows all of these scenarios in Ordinance No. 5997. Nothing in the language of Section 66314(d)(3) mandates that the City specifically allow an ADU to be newly constructed on top of a detached garage, and thus, the referenced section is in compliance with State Law.
c. Accordingly, Ordinance No. 5997’s prohibition of new construction ADUs from being located directly above a detached garage, violates neither the plain language nor the intent of State ADU Law, and re- adoption of these provisions would thus not violate State ADU Law.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE:
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9 SECTION 1. The above recitals and findings are true and correct and are hereby incorporated as if fully set forth.

SECTION 2. The above recitals and findings, setting forth the reasons that Ordinance No. 5997 complies with State ADU Law despite HCD’s findings, are hereby adopted pursuant to CA Gov’t Code Section 66326(b), allowing the City Council to re- adopt portions of Ordinance No. 5997 related to said findings without changes.

SECTION 3. Pursuant to the California Environmental Quality Act (CEQA) the City Council hereby finds that this Resolution is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h) because this Resolution makes findings to readopt an ordinance to implement the provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), second units in a single-family or multifamily residential zone. Moreover, this Resolution is exempt from further environmental review under CEQA pursuant to Title14 of the California Code of Regulations Section 15060(c)(1), as it makes findings to readopt an ordinance to implement provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), which require ministerial review and approval of accessory dwelling units and junior accessory dwelling units and therefore, does not involve the exercise of discretionary powers by the City.

Adopted this __________day of _______ 2024,
___________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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10 STATE OF CALIFORNIA )
) SS.

COUNTY OF LOS ANGELES )
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting held on the______ day of___________________________, 2024, and that the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
____________________________
City Clerk
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1 ORDINANCE NO. ________________

AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA
AMENDING SECTIONS 30.10.070, 30.11.020, 30.11.050, 30.12.020, 30.14.020, 30.15.020,

30.16.020, 30.34.080 and 30.70.050, OF TITLE 30
OF THE GLENDALE MUNICIPAL CODE, 1995,

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSSORY DWELLING UNITS (CASE NO. PZC-0013-2024)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

WHEREAS, the City of Glendale (“City”) regulates accessory dwelling units pursuant to Title 30 of the Glendale Municipal Code, 1995 (“GMC”), including Chapter

30.34, as well as pursuant to the Glendale Building and Safety Code; and WHEREAS, California Government Code (“CA Gov’t Code”) Sections 66314, et seq., allow local agencies to enact ordinances providing for the creation of accessory dwelling units and junior accessory dwelling units, and establish standards for ministerial review of such units; and
WHEREAS, the City adopted Housing Element 2021-2029 of the General Plan on February 1, 2022 and this Element was certified by the State Department of Housing and Community Development (“HCD”) on February 27, 2023; and WHEREAS, CA Gov’t Code Section 66319 declares that accessory dwelling units in areas zoned to allow single-family or multi-family dwelling residential uses do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot; and
WHEREAS, the development of accessory dwelling units and junior accessory dwelling units will further local, regional and state goals for meeting the Regional Housing Needs Allocation set forth in the City’s Housing Element 2021-2029; and WHEREAS, the City’s Housing Element 2021-2029, contains Policy 1.9 “Encourage flexibility in the Zoning Ordinance to promote a wide range of housing types”; Policy 1.3 “Promote the dispersion of affordable housing throughout the City while recognizing the potential for the integration of market-rate and affordable units within individual projects”; Policy 2.9 “Respect scale, historic continuity, and a sense of community in new residential development”; and, Policy 6.10 “encourage the use of sustainable building practices in residential developments” and permitted accessory dwelling units and junior accessory dwelling units implements these policies; and
WHEREAS, the Greener Glendale Plan for Community Activities was adopted by the City Council on March 12, 2012, for the purposes of promoting sustainable practices and establishing greenhouse gas reduction strategies in accordance with AB 32 (2006) and SB 375 (2008); and
WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4 directs Glendale to continue to promote infill development to increase sustainability and 102 of 244

2 livable environment and permitting accessory dwelling units and junior accessory dwelling units is consistent with that objective; and
WHEREAS, CA Gov’t Code Section 66314 requires cities to permit accessory dwelling units and junior accessory dwelling units in areas zoned for single family and multifamily residential uses, but allows cities to designate areas where accessory dwelling units and junior accessory dwelling units may be permitted based on the adequacy of water and sewer services and the impact of accessory dwelling units and junior accessory dwelling units on traffic flow and public safety, as well as, allows cities to impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources; and
WHEREAS, on December 8, 2020, the City Council adopted Ordinance Nos. 5957 and 5958 amending permanent standards and processes for the review and approval of accessory dwelling units and junior accessory dwelling units, which Ordinance was codified in Section 30.34.080 of the GMC; and
WHEREAS, on November 15, 2022, the City Council adopted Ordinance No. 5997 incorporating state law amendments and minor modifications and clarifications related to accessory dwelling units and junior accessory dwelling units; and WHEREAS, following HCD’s review of Ordinance No. 5997, HCD sent the City a series of letters, commencing with a letter dated December 7, 2023, and including a June 19, 2024 “Notice of Violation” letter, with written findings alleging portions of Ordinance No, 5997 does not comply with CA Gov’t Code Sections 66314, et seq. (“State ADU Law”), to which the City responded; and
WHEREAS, pursuant to CA Gov’t Code Section 66326(b), the City must consider the findings made by HCD pursuant to its review of Ordinance No. 5997 and must either amend the Ordinance to comply with State ADU Law, and/or re-adopt the Ordinance without changes, but with findings in a resolution adopting the Ordinance that explains the reasons the City believes that the Ordinance complies with State ADU Law, despite HCD’s findings; and
WHEREAS, on August 20, 2024, at a regularly scheduled City Council meeting, and in response to the above-referenced written findings, the City Council considered said findings and initiated amendments to Title 30 of the GMC related to development standards for accessory dwelling units and junior accessory dwelling units as to portions of said findings, and directed staff to re-adopt Ordinance No. 5997 without changes (with findings in a resolution adopting the Ordinance explaining the reasons the City believes the Ordinance complies with State ADU Law despite HCD’s findings) as to certain other portions of Ordinance No. 5997; and
WHEREAS, the City’s Planning Commission considered and recommended approval of these amendments to Title 30 of the GMC, as well as readoption of portions of Ordinance No. 5997 with findings, at its meeting of October 16, 2024. 103 of 244

3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE DOES 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. All of the findings contained in Resolution No. ______ (A Resolution of the City Council of the City of Glendale, California, Making Findings That Certain Portions of Ordinance No. 5997 Complies With California Government Code Sections 66314, et seq., and 66333, et seq. Despite The Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-Adopting Those Portions of Ordinance No. 5997 Without Changes Within Ordinance No. ______) are hereby incorporated herein by reference as if set forth in full.

SECTION 2. Section 30.10.070 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.10.070 Zoning districts – Regulations.

A. Permitted Primary Uses and Structures. The purpose of the sectional listing of permitted primary uses and structures contained within each zone regulations is to identify all principal uses and structures that are allowable on a lot within that zone as a matter of right.

Subject to the provisions of the zone, except as otherwise provided, no building, structure or land shall be used and no building, structure or use shall be established except the listed permitted primary uses and structures.

B. Permitted Accessory Uses and Structures. The purpose of the sectional listing of permitted accessory uses and structures contained within each zone regulations is to identify uses and structures that are allowable when they are integrated with and clearly incidental to a primary use on the same lot. All buildings and structures shall conform to the development standards of the zone.

C. Temporary Uses and Structures. The purpose of the sectional listing of temporary uses and structures is to identify those uses that may be allowable within a given zone for a limited amount of time and under certain specified conditions.

D. Conditional Uses and Structures. The purpose of the sectional listing of conditional uses and structures is to identify those uses and structures which must first obtain permission for their establishment within the zone by a conditional use permit. The specific conditional uses and structures which are listed are considered to be typical of uses which require individual review as to their particular characteristics and location, and ones that may require special conditions to their establishment in order to protect the health, safety and general welfare.
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4 E. Compliance with Laws. Notwithstanding any provision in this code to the contrary, any establishment that engages in or carries out any activity contrary to federal, state or local laws shall be prohibited.

F. Development Standards—General. The development standards contained within this title and the various zones have been established in order to assure adequate levels of light, air and density of development, to maintain and enhance locally-recognized values of community appearance and to promote the safe and efficient circulation of pedestrian and vehicular traffic. The standards are in furtherance of the goals and objectives of the comprehensive general plan and are found to be necessary for the preservation of the community, health, safety and general welfare.

G. Site Requirements—General. The area and dimensions of all building sites shall be sufficient to accommodate the anticipated density of development, open spaces, setbacks and parking spaces.

H. Density. The density of development has been established for each zone in accordance with the comprehensive general plan in order to promote the orderly, efficient and most appropriate growth within the city, consistent with the planned capability of services and infrastructures. Density shall be calculated from the area of the lot before any public right-of- way dedications are made. An accessory dwelling unit and/or junior accessory dwelling unit on a lot developed with single-family or multi-family dwelling unit(s) is deemed a residential use consistent with the existing general plan and zoning designation for the lot, as provided for in the Government Code of the State of California, Section 65852.266319.

I. Lot Size. Where minimum lot sizes or dimensions required within the zone standards, they have been established in order to promote the type and scale of development envisioned in the comprehensive general plan. Where existing lots with lesser size and dimensions are existing in a zone, an exception has been made in some zones for such lots when their development would not be harmful to the achievement of the overall goals and objectives of the plan.

J. Coverage. Maximum coverage requirements contained within certain zone standards have been established to provide minimum open spaces for light, air and ventilation and to reserve adequate area for open spaces, setbacks and other amenities. Coverage shall be calculated from the area of the lot after any public right-of- way dedications are made.

K. Height. Height standards are reflective of intensity and scale of development. In order to maintain a sound plan and compatibility with surrounding uses, the structural height of buildings must be regulated and intensities directed to their most appropriate location. Factors taken into consideration in the establishment of height criteria are shade/shadow effects; light, air and ventilation; scenic vistas; and intensity of development and ability to serve.

L. Unit Size. Minimum unit sizes as may be established in the various zones are for the purpose of assuring acceptable living areas, the control of overcrowding and the provision of conditions conducive to a decent, safe and sanitary environment.

M. Setbacks, Open Space and Landscaping Requirements. The purpose of setbacks, 105 of 244

5 open space and landscaping requirements is to assure that an effective separation is provided between properties and uses to foster compatibility, identity, privacy, light, air and ventilation and provide for landscaped areas in the living and working environments for visual relief and recreation. Setbacks and required landscaping shall be calculated from the property lines or area of the lot after any public right-of-way dedications are made.

N. Medical Marijuana Dispensary, Marijuana Dispensary, Marijuana Cultivation, Marijuana Processing, and Delivery or Distribution of Marijuana or Medical Cannabis Products as Prohibited Uses. Notwithstanding any other provision of this code, a medical marijuana dispensary, marijuana dispensary, marijuana cultivation, marijuana processing, and delivery or distribution of marijuana or medical cannabis products, as these terms are defined in Section 9.10.010, are prohibited in all zones, including all specific plan areas, except where the city is preempted by federal or state law from enacting a prohibition of any such prohibited uses, or is preempted by federal or state law from enforcing any of these prohibitions.

O. Home-Sharing Activities and Vacation Rentals. Home-sharing, as defined in Section

5.56.030, is permitted subject to the restrictions in Chapter 5.56. Vacation rentals, as defined in Section 5.56.030, are prohibited in all zones.

SECTION 3. Section 30.11.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.11.020 Residential district land uses and permit requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the residential zoning districts shall be erected, structurally altered, enlarged or established except the following permitted uses, buildings and structures identified with a “P” in Table 30.11–A.

B. Conditional Uses and Structures. The following uses and structures identified with a “C” in Table 30.11 – A may be permitted in the residential zoning districts subject to approval of a conditional use permit (Section 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Temporary Uses. Temporary uses (identified with a “T” in Table 30.11 – A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

D. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a “P” in Table 30.11 – A.

E. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.11-A may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

F. Standards for Specific Uses. Where the last column in the following tables (“See standards in Section”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

G. Historic Resources. Uses listed as permitted or conditionally permitted within a historic resource included on the Glendale Historic Register only (identified in Table 30.11 – A) are 106 of 244

6 permitted or conditionally permitted only within a designated historic resource on the Glendale Register of Historic Resources.

Table 30.11-A

RESIDENTIAL DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) ROS R1R R1 R3050 R2250 R1650 R1250
See
Standards
in Section
or Chapter
Residential Uses
Domestic violence shelter P P P P P P P
Multiple residential dwellings P P P P 30.11.050
One residential dwelling per lot P P P P P P P 30.34.110 Residential congregate living,
limited

P P P P P P P
Residential congregate living,
medical
C C C
Residential congregate living,
non-medical

C C C C
Senior housing P P P P
Education, Public Assembly, Recreation
Community gardens P P P P P P P 30.34.045
Day care center, only where
operated at a church,
synagogue, temple, or other
house of worship, religiously
affiliated or nonsectarian
preschool. In determining
whether to grant or deny a
conditional use permit for a day
care center hereunder, the
content of any curriculum and
every aspect of an organization’s
operations which are religious in
nature shall not be considered

C C C C
Parks and playgrounds,
operated by a homeowners’
association and approved in
connection with a subdivision

P P P P P P P
Parks and playgrounds, private C C C C C C C
Parks and playgrounds, public P P P P P P P
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7 Places of worship C C C C C C C
Schools, private C C C
Open Space and Resources
Open space P P P
Transportation and Communication Uses
Utility and transmission facilities C C C C C C C
Wireless telecommunication
facilities
W W W W W W W 30.48
Accessory Buildings, Structures and Uses
Accessory dwelling unit (ADU)
and/or junior accessory dwelling
unit (JADU) on a lot developed
with one residential dwelling unit
P P P P P P P 30.34.080
Accessory dwelling unit(s) (ADU)
on a lot developed with more
than one residential dwelling unit
P P P P P P P 30.34.080
Accessory living quarters or
guest house not to exceed an
aggregate area of 500 sq. ft. of
floor area

P P P P P P P
Accessory buildings or
structures, other than garages or
carports, not to exceed 500 sq.
ft. of floor area

P P P P P P P
Accessory uses P P P P P P P
Antennas (pole type) P P P P P P P
Dish antennas P P P P P P P 30.34.050
Home occupations P P P P P P P 30.45
Home-sharing P P P P P P P 5.110
Signs P P P P P P P 30.33
Solar energy equipment P P P P P P P 30.30.050
Temporary Uses
Contractor’s office and/or
storage, temporary

T T T T T T T
Temporary subdivision sales
offices, sales trailers and model
dwellings or trailers proposed for
use as temporary sales offices
shall be registered with the
director of community

T T T T T T T
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8 Key to Permit Requirements Symbol See Chapter
Permitted use P
Conditional use—Conditional use permit required C 30.42 Temporary use T
Wireless telecommunications facilities permit required W 30.48 Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. development by an application
for conditions of use. The
director of community
development may establish
conditions for operations and
maintenance, including, but not
limited to, restrictions on hours
of operation, lighting and
promotional restrictions and
reasonable termination of the
temporary use. The decision of
the director of community
development shall be
appealable.

Uses Within a Historic Resource
Cultural art centers C C C C C C C
Day care centers C C C C C C C
Museum C C C C C C C
Office C C C C C C C
Residential congregate living,
non-medical
C C C
Restaurants, full service not to
exceed a seating capacity of 40
persons

C C C C
Retail stores, general
merchandise

C C C C C C C
Schools, physical instruction C C C C C C C
Schools, private specialized
education and training

C C C C C C C
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9 SECTION 4. Section 30.11.050 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.11.050 Residential district additional R-3050, R-2250, R-1650 and R-1250 development standards. The following standards shall apply in the R-3050, R-2250, R-1650, and R-1250 zones.

A. Dwelling Unit Size. The gross floor area of any dwelling unit shall be not less than provided herein. For the purpose of this section, dens, studies or other similar rooms which may be used as bedrooms shall be considered as bedrooms. Living rooms, dining rooms, kitchens, or bathrooms shall not be considered as bedrooms except that separate dining rooms in efficiency units or rooms that could be converted into additional bedrooms shall be considered as bedrooms. This development standard does not apply to or govern dwelling unit size for accessory dwelling units or junior accessory dwelling units, which are defined separately in Section 30.34.080.

1. Efficiency and one bedroom units: 600 square feet.

2. Two bedroom units: 800 square feet.

3. Three or more bedroom units: 1,000 square feet.

B. Private Outdoor Space. A minimum private outdoor space of 40 square feet shall be provided for each dwelling unit. Such private outdoor space shall be designed as a patio, deck, or balcony and shall have a minimum length or width of four feet and shall be directly accessible and an integral part of the dwelling unit which it serves.

C. Common Outdoor Space. A minimum common outdoor space of 200 square feet shall be provided per dwelling unit for the first 25 dwelling units on a lot; a minimum common outdoor space of 150 square feet shall be provided per dwelling unit for the second 25 dwelling units on a lot; a minimum common outdoor space of 100 square feet shall be provided per dwelling unit for each additional dwelling unit above 50 on a lot. Any common outdoor space shall have a minimum level surface dimension of 10 feet and a minimum area of 200 square feet.

Landscaping and seating shall be permanently integrated into all required common outdoor spaces. No street front setback area or street side setback area shall be used for common outdoor space. The developer shall pay an amount of money, established by the city council as a parks fee, to be used by the city for the purpose of fulfillment of recreational demand created by the project.

D. Distance Between Dwellings. Exterior walls of separate buildings containing dwelling units on the same lot shall be separated by a minimum distance of 12 feet. The windows or window/doors of any one dwelling unit may not face the windows or window/doors of any other dwelling unit unless separated by a distance of 12 or more feet except where the angle between the wall of the separate dwelling units is 90 degrees or more. Walls parallel to each other shall be considered to be at a zero degree angle.

E. Rooftop Equipment. For regulations concerning rooftop equipment, see Section

30.30.020 of this title.

F. Fences and Walls. For regulations concerning fences and walls, see Chapter Section

30.30.010.
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10 G. Trash Collection Areas. For regulations concerning trash collection areas, see Chapter Section 30.30.030.

H. Access to Dwelling Units. An elevator shall be provided to serve all stories in a building containing more than three dwelling units where the floor area of any dwelling unit is located only on the third story and other dwelling units are located on the first and second stories.

I. Laundry Facilities. Laundry facilities shall be provided to serve all dwelling units on a lot.

Such laundry facilities, constituting washer and dryer appliances connected to utilities, shall be provided in the individual dwelling units where there are three or less dwelling units on a lot.

Where there are more than three dwelling units on a lot, laundry facilities shall either be provided in the individual dwelling units or in a common laundry room. A common laundry room shall be in an accessible location and shall have at least one washer and one dryer for each 10 dwelling units, maintained in operable condition and accessible to all tenants daily between the hours of 7:00 a.m. and 10:00 p.m.

J. Storage Space-Private. A minimum of 90 cubic feet of private storage space shall be provided for each dwelling unit outside such unit unless a private attached garage serving only the dwelling unit is provided. Such private storage space shall have a minimum horizontal surface area of 24 square feet and shall be fully enclosed and lockable.

K. Additional Standards for Floor Area Ratio Minimums.

1. Any development of three to seven multiple residential dwelling units shall not have a floor area ratio standard that is less than 1.0.

2. Any development of eight to 10 multiple residential dwelling units shall not have a floor area ratio standard that is less than 1.25.

3. To be eligible for the provisions in subsections (K)(1) and (K)(2) above, a multi-family housing development project shall meet all of the following conditions:
a. The project consists of at least three, but not more than 10, units. b. The project is located in a multi-family residential zone, commercial zone, or a mixed-use zone, and is not located in either of the following:
i. Within a single-family zone.
ii. Within a historic district or property that is included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is or contains buildings, sites, objects, structures, neighborhoods, cultural landscapes, and archaeological sites, that are designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4. This subsection shall not be construed to prohibit the city from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of this subsection, other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards contained in this subsection.

5. The city may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements of this subsection from achieving the floor area ratio allowed herein.
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11 SECTION 5. Section 30.12.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.12.020 Commercial district land uses and requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the commercial zoning districts shall be erected, structurally altered, enlarged or established except the following permitted uses, buildings and structures identified with a “P” in Table 30.12-A.

B. Conditional Uses and Structures. The following uses and structures identified with a “C” in Table 30.12-A may be permitted in the commercial zoning districts subject to approval of a conditional use permit (Chapter 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Administrative Uses and Structures. The following uses and structures identified with an “A” in Table 30.12-A may be permitted in the commercial zoning districts subject to approval of an administrative use permit (Chapter 30.49). The development standards of this zone shall apply except as otherwise provided herein.

D. Temporary Uses. Temporary uses (identified with a “T” in Table 30.12-A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

E. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identifies with a “P” in Table 30.12A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.12-A may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

G. Standards for Specific Uses. Where the last column in the following tables (“See Standards in Chapter or Section”) includes a Chapter or Section number, the regulations in the referenced chapter or section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

H. Uses Not Listed. Land uses that are not listed on Table 30.12-A, or are not shown in a particular zoning district are not allowed, except for other uses which the director of community development determines to be similar in nature, function and operation to listed permitted primary uses within these zones.

Table 30.12-A

COMMERCIAL DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

Accessory Structures and Uses
Accessory dwelling unit (ADU), and/or
junior accessory dwelling unit (JADU) on P P P P P P P 30.34.080 112 of 244

12 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

a lot developed with one residential
dwelling unit
Accessory dwelling unit(s) (ADU) on a
lot developed with more than one
residential dwelling unit
P P P P P P P 30.34.080
Accessory uses P P P P P P P
Antennas (pole type) and flagpoles P P P P P P P
Carts (freestanding, non-motorized,
portable type) P P P P P P 30.34.040
Dish antennas P P P P P P P 30.34.050
Home occupations P P P P P 30.45
Home-sharing P P P P P P P 5.56
Reverse vending machines P P P P P P 30.12.040
Signs P P P P P P P 30.33
Solar energy equipment P P P P P P P 30.30.050
Institutional Uses
Cultural arts centers P P P
Hospitals P P
Museums P P P
Places of worship P P P C P
Schools, physical instruction P P P P P
Schools, private C C C C C
Schools, private specialized education
and training A P P C P
Light Industrial Uses
Backlots/outdoor facilities—Production C C
Broadcasting studios and indoor support
facilities—Production P P P(3) P
Medical and dental laboratories P P P(3) P
Soundstages—Production P P
Utility and transmission facilities C C C C C C C
Miscellaneous Uses
Non-emergency heliports C C
Parking lots or structures P P P P P P P 30.32

30.51.020
Office Uses
Contractors office and/or storage,
temporary T T T T T T T
Contractors office P P P P P P
Medical and dental offices P P P P(3) P P P
Office P P P P(3) P P P
Office, consumer services P P P
113 of 244

13 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

Veterinary offices, including
hospitalization services P P P P P
Recreational Uses
Arcade establishment C C C
Billiard establishments P P P P
Children’s indoor play areas P P P P
Community gardens P P P P P P 30.34.045
Cyber-café establishments P P A
Gyms and health clubs P P C P P
Indoor recreation center P P P P P
Outdoor commercial recreation C C
Private clubs and lodges C C P C P
Public dances P P P P P P
Taverns C C C C C C
Theaters C P C P
Residential Uses
Domestic violence shelters P P P P P P
Emergency shelter C C C
Residential congregate living, limited
subject to the provisions of one
residential dwelling per lot in the R-1250
zone

P P P P P P

Residential congregate living, medical A P P P
Residential congregate living, non-
medical, subject to the provisions of the
R-1250 zone and provided further that
ground floor level is occupied with
permitted commercial uses

P P P P

Residential congregate living, non-
medical, at the ground floor level subject
to the provisions of the R-1250 zone

A A A A

Multiple residential dwellings subject to
the provisions of the R-1250 zone and
provided further that the ground floor
level is occupied with permitted
commercial uses

P P P P P

Multiple residential dwellings with
dwelling units at the ground floor level
subject to provisions of the R-1250 zone

C C C C
One residential dwelling per lot subject
to the provisions of the R-1250 zone P P P P P P
Senior housing subject to the provisions
of the R-1250 zone and provided further P P P P P
114 of 244

14 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

that the ground floor level is occupied
with permitted commercial uses
Senior housing at the ground floor level
subject to the provision of the R-1250
zone

C C C C C
Retail Uses
Alcoholic beverage sales A(4) A(4) A(4) A(4) A(4) A(4) Automobile supply store P P P P P
Banquet halls C C C C
Christmas tree sales lots, when
maintained between November 1st and
January 9th
T T T T T 5.36
Firearms, weapon sales P P P P
Hardware stores P P P P P P
Jewelry stores P P P P P P
Liquor stores A A A A A A
Nurseries and garden supplies P P P P P
Paint and wallpaper stores P P P P P P
Pawnshops P P
Pharmacy P P P P P P
Pumpkin sales lots, when maintained
between October 15th and November 1st T T T T T 5.36 Restaurant, counter service with limited
seating P P P P P P
Restaurants, fast food A P P A P P
Restaurants, full service P P P P P P
Retail stores, general merchandise P P P P P P
Spas and swimming pools, sales and
service P P P P P
Supermarkets P P P P P P
Vehicle sales, leasing and rental
agencies P P P 30.34.160
Service Uses
Ambulance services P P P P P P
Banks and financial institutions P P P P P P
Business support services P P P P(3) P P
Car washes, full or self service P P P P 30.34.030
Day care centers P P P P P P P
Gas station C P P C P P 30.34.020
Heating and air conditioning sales and
service (HVAC) P P 30.34.070
Hotels and motels P P P(3) P
115 of 244

15 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

Massage establishment C C C C C C 5.64
Mortuaries and funeral homes P P
Personal services P P P P P P
Pet grooming P P P P P
Repair and maintenance, consumer
products P P P P P P
Tire stores P P P 30.34.140
Vehicle repair garage P P P 30.34.150
Wireless telecommunications facilities W W W W W W W 30.48 Key to Permit Requirements Symbol See Chapter
Permitted use P
Administrative use—Administrative use permit
required A 30.49
Conditional use—Conditional use permit
required C 30.42
Temporary use T
Wireless telecommunications facilities permit
required W 30.48
Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. (3) Permitted above the first floor level only.
(4) An Administrative Use Permit (AUP) is not required for supermarkets with 20,000 sq. ft. of floor area or greater.

SECTION 6. Section 30.14.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.14.020 Mixed use district land uses and permit requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the mixed-use zoning districts shall be erected, structurally altered, enlarged or established except the following permitted uses, buildings and structures identified with a “P” in Table 30.14-A.
116 of 244

16 B. Conditional Uses and Structures. The following uses and structures identified with a “C” in Table 30.14-A may be permitted in the mixed-use zoning districts subject to approval of a conditional use permit (Chapter 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Administrative Uses and Structures. The following uses and structures identified with an “A” in Table 30.14-A may be permitted in the commercial zoning districts subject to approval of an administrative use permit (Chapter 30.49). The development standards of this zone shall apply except as otherwise provided herein.

D. Temporary Uses. Temporary uses (identified with a “T” in Table 30.14-A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

E. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a “P” in Table 30.14-A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.14-A may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

G. Standards for Specific Uses. Where the last column in the following tables (“See Standards in Section or Chapter”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

Table 30.14-A

MIXED USE ZONING DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
Accessory Buildings, Structures and Uses
Accessory dwelling unit (ADU), and/or junior
accessory dwelling unit (JADU) on a lot
developed with one residential dwelling unit
P P 30.34.080
Accessory dwelling unit(s) (ADU) on a lot
developed with more than one residential
dwelling unit
P P 30.34.080
Accessory buildings and structures P P
Accessory uses P P P
Antennas (pole type) P P P
Carts (freestanding, non-motorized, portable
type) P P P 30.34.040
Dish antennas P P P 30.34.050
Home occupation P P 30.45
Home-sharing P P P 5.110
Reverse vending machines P P P 30.14.040
117 of 244

17 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
Signs P P P 30.33
Solar energy equipment P P P 30.30.050
Institutional Uses
Places of worship C C C
Schools, physical instruction P P P
Schools, private C C C
Schools, private specialized education and
training P P P
Recreation
Community gardens P P P 30.34.045
Gyms and health clubs C C C
Indoor recreation centers C C C
Nightclubs C
Outdoor commercial recreation C C C
Private clubs and lodges C C C
Public dances P P P
Taverns C C C
Theaters C C C
Manufacturing and Processing
Backlots/outdoor facilities—Production P C C
Broadcasting studios and indoor support
facilities—Production P P P
Heavy manufacturing P P
Laundries and dry-cleaning plants P P(4)
Light manufacturing P P P(3)(4)
Printing, publishing, and lithographic services P P(4) P(3)(4) Research and development P P P(4)
Soundstages—Production P P C
Warehousing P P P(4)
Wholesaling, including wholesaling of alcoholic
beverages P P P(4)
Residential Uses
Domestic violence shelter P P P
Conversion of a live/work unit to entirely
residential or entirely business use C C C
Emergency shelter P
Multiple residential dwelling units A P(5)
Residential congregate living, limited P
Residential congregate living, medical A A
Residential congregate living, non-medical A A
Senior housing C P(5)
Mixed-Use Developments
Live/work units A A P(6) 30.34.090
118 of 244

18 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
Live/work units with conditionally permitted uses C C C(6) 30.34.090 Mixed-use development provided that all uses
are permitted in zone which the project is
located
P(6) 30.34.100
Mixed-use development where at least one use
is conditionally permitted C(8) C C 30.34.100
Retail Trade Uses
Alcoholic beverage sales A(9) A(9) A(9)
Automobile supply stores P P
Banquet halls C C
Building materials, supplies, sales and service P P
Christmas tree sales lots, when maintained
between November 1st and January 9th T T 5.36
Firearms, weapon sales P P
Hardware stores P P
Jewelry stores P P P
Liquor stores A A A
Nurseries and garden supplies P P P
Paint and wallpaper stores P P
Pharmacy P P P
Pumpkin sales lots, when maintained between
October 15th and November 1st T T 5.36
Restaurant, counter service with limited seating P P P
Restaurants, fast food P P P
Restaurants, full service P P P
Retail stores, general merchandise P P P
Spas and swimming pools, sales and service P P
Supermarkets P P P
Vehicle sales, leasing and rental agencies,
including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats
P P 30.34.160
Vehicle sales, leasing and rental agencies,
including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats existing prior to September 12, 2006,
including a one-time expansion on the same lot
of up to 20% of floor area
P 30.34.160
Expansion of vehicle sales, leasing and rental
agencies, including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats existing prior to September 12, 2006,
when proposed expansion is on the same lot as
the existing facility and is greater than 20% of
C 30.34.160
119 of 244

19 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
the floor area existing prior to September 12,
2006, or for any new facilities on separate or
non-contiguous lots
Service Uses
Ambulance services P P
Banks and financial institutions P P P
Body shops and painting booths P P(4) 30.34.150
Business support services P P P
Car washes (full or self service) P P 30.34.030
Day care centers P P A
Equipment rental yards P P
Gas stations P P C 30.34.020
Heating and air conditioning sales and service
(HVAC) P P 30.34.070
Hotel and motels C C C
Kennel, animal boarding and daycare P(10) P(10)
Massage establishment C C C 5.64
Medical and dental laboratories P P P
Mortuaries and funeral homes A A
Moving and storage services P P
Pawnshops P P P
Personal services P P P
Pet grooming P P
Repair and maintenance, consumer products P P(4) P(3)(4)(11) Storage, personal facility P
Storage, outdoor facility P
Tire stores P P 30.34.140
Towing services and impound yards C C 30.34.145
Vehicle repair garages P P(4) 30.34.150
Office Uses
Contractor’s office and/or storage, temporary T T
Medical and dental offices P P P
Offices P P P
Office, consumer services P P C
Veterinary offices, including hospitalization
services P P
Transportation and Communications Uses
Parking lot/structure facilities P P C 30.32, 30.51.020 Utility and transmission facilities C C C
Wireless telecommunications facilities W W W 30.48
Key to Permit Requirements Symbol See Chapter
Permitted use P
120 of 244

20 Administrative use—Administrative use permit
required A 30.49
Conditional use—Conditional use permit required C 30.42 Temporary use T
Wireless telecommunications facilities permit
required W 30.48
Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. (3) If gross floor area of the building is 10,000 sq. ft. or less and use is indoors; if greater than 10,000 sq. ft. and/or use is outdoors, a conditional use permit is required. (4) Requires a conditional use permit when combined in a mixed-use development which includes residential.
(5) When fronting San Fernando Road, Broadway, or Colorado Street, only allowed as mixed-use projects with commercial uses located along the street frontage as required in Section 30.34.100.
(6) For lots having frontage along San Fernando Road, Broadway, and Colorado Street, manufacturing and processing uses shall not be on the ground floor fronting these streets. (7) No drive-thru facilities permitted.
(8) The only dwelling units permitted are live/work units. (9) Supermarkets only require an Administrative Use Permit for on-site consumption of alcoholic beverages. An Administrative Use Permit is not required for wholesaling. (10) Not to be located nearer than 200 feet to the R1, R1R, ROS, R-3050, R-2250, R-16-50 and R-1250 zones if use includes outdoor facilities.
(11) For upholstery services it shall include furniture only, no vehicles.

SECTION 7. Section 30.15.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.15.020 Special purpose district land uses and permit requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the special purpose zoning districts shall be erected, structurally altered, enlarged, or established except the following permitted uses, buildings and structures identified with a "P" in Table 30.15-A.
121 of 244

21 B. Conditional Uses and Structures. The following uses and structures identified with a "C" in Table 30.15-A may be permitted in the special purpose zoning districts subject to approval of a conditional use permit (Chapter 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Administrative Uses and Structures. The following uses and structures identified with an “A” in Table 30.15-A may be permitted in the special purpose zoning districts subject to approval of an administrative use permit (Chapter 30.49). The development standards of this zone shall apply except as otherwise provided herein.

D. Temporary Uses. Temporary uses (identified with a “T” in Table 30.15-A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

E. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a “P” in Table 30.15-A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.15-A, may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

G. Standards for Specific Uses. Where the last column in the following tables (“See Standards in Section or Chapter”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

I. Uses Not Listed. In the CE and CEM zones only, land uses that are not listed on Table

30.15-A, or are not shown in a particular zoning district are not allowed, except where other uses which the directory of community development determines to be similar in nature, function and operation to listed permitted primary uses within these zones.

Table 30.15-A

SPECIAL PURPOSE DISTRICTS AND PERMIT REQUIREMENTS
PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Accessory Buildings, Structures and Uses
Accessory dwelling unit (ADU), and/or junior
accessory dwelling unit (JADU) on a lot
developed with one residential dwelling unit
P 30.34.080
Accessory dwelling unit(s) (ADU), on a lot
developed with more than one residential
dwelling unit
P 30.34.080
Accessory use P P P P
122 of 244

22 PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Accessory living quarters or guest house not to
exceed an aggregate area of 500 sq. ft. of floor
area
P
Antennas (pole type) and flagpoles P P P P
Auditoriums P P
Caretaker's residences P P P P
Carts (freestanding, nonmotorized, portable
type)
P P 30.34.040
Dish antennas P P P 30.32.050
Home occupations P
Home-sharing P 5.56
Manufacturing of containers for caskets,
remains and flowers
P
Mobile medical trailers, temporary T(5)
Museums P
Nurseries and garden supplies P
Reverse vending machines P 30.12.040
Signs P P P P 30.33
Solar energy equipment P P P P 30.30.050
Agriculture, Open Space, and Resources
Apiaries P
Open space/conservation areas P
Education, Public Assembly, Recreation—General
Amphitheaters P
Aquariums P
Arboretums and botanical gardens P
Auditoriums P
Aviaries P
Bandstands P
Community gardens P P
Golf courses, country clubs, driving ranges and
related facilities
P
Libraries P
Local fairs P
Museums P
123 of 244

23 PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Observatories P
Parks and playgrounds, private P P
Places of worship P P(4)
Public dances P
Recreational camps P
Riding academies or stables P(3)
Stables, including boarding of horses, sale or
exchange of horses and horse rentals
P
Swimming pools P
Education, Public Assembly, Recreation Within a Public Park Amphitheaters P
Aquariums P
Arboretums and botanical gardens P
Auditoriums P
Aviaries P
Bandstands P
Community center P
Community gardens P 30.34.045
Convention centers P
Day care A
Golf courses, country clubs, driving ranges and
related facilities
P
Gymnasiums P
Libraries P
Local fairs P
Museums P
Observatories P
Parks and playgrounds, public P
Public dances P
Recreational camps P
Riding academies or stables P(3)
Swimming pools P
Institutional Uses
Cultural arts centers P
124 of 244

24 PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Hospitals P
Museums P
Schools, physical instruction C
Schools, private C
Schools, private specialized education and
training
C
Light Industrial Uses
Broadcasting studios and indoor support
facilities—Productions
P
Medical and dental laboratories P
Miscellaneous Uses
Non-emergency heliport P
Parking lots P
Parking structures, subject to PS overlay
required setback standards
P 30.23,

30.32.110
Office Uses
Contractor's office and/or storage, temporary T T T
Contractor's office P
Medical and dental offices P
Office P
Office, consumer services P
Recreational Uses
Children indoor play areas P
Cyber-café establishments P
Gyms and health clubs P
Indoor recreation center P
Private clubs and lodges P
Residential Uses
Domestic violence shelter P
Emergency shelter P
Multiple residential dwelling units subject to
provisions of the R-2250 zone
P
One residential dwelling per lot subject to
provisions of the R-2250 zone
P
Residential congregate care living, limited P
125 of 244

25 PERMIT

REQUIREMENT BY
ZONE
LAND USE (1)(2) CE CEM MS SR
See Standards in
Section or
Chapter
Residential congregate care living, medical P
Residential congregate care living, non-medical P
Senior housing P
Retail Uses
Alcoholic beverage sales A A
Christmas tree sales lots, when maintained
between November 1st and January 9th
T T 5.36
Jewelry stores P
Liquor stores C
Pharmacy P
Pumpkin sales lots, when maintained between
October 15th and November 1st
T T 5.36
Restaurant, counter service with limited seating P
Restaurants, fast food P
Restaurants, full service P
Retail stores, general merchandise P
Western retail and supply stores P
Service Uses
Ambulance services P
Banks and financial institutions P
Business support services P
Cemeteries P
Day care centers P
Gas station P 30.34.020
Hotels and motels P
Kennel and animal boarding P C
Massage establishment C 5.64
Mortuaries and funeral homes P
Personal services P
Repair and maintenance, consumer products P
Sanitary landfills and related recovery of
materials
C
Transportation and Communications Uses
Utility and transmission facilities C C C(6) C
Wireless telecommunication facilities W W W W 30.48
126 of 244

26 Key to Permit Requirements Symbol See Chapter
Permitted use P
Administrative use—Administrative use permit
required A 30.49
Conditional use—Conditional use permit required C 30.42 Temporary use T
Wireless telecommunications facilities permit
required W 30.48
Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. (3) Not to be located nearer than 1/2 mile to the R1, R1R, ROS, R-3050, R-2250, R-1650 and R-1250 zones on which there is no H overlay zone.
(4) Places of worship in the SR zone must have been in existence as of September 26, 2006.
(5) Temporary mobile medical trailers must be used on a hospital site and are limited to a period of 2 years.
(6) See Section 30.15.060 for additional standards.

SECTION 8. Section 30.16.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.16.020 TOD district land uses and permit requirements.

A. Permitted Primary Uses and Structures. No building, structure or land shall be used and no building, structure or use in the transit oriented development districts shall be erected, structurally altered, enlarged, or established except the following permitted uses, buildings and structures identified with a "P" in Table 30.16.020-A.

B. Conditional Uses and Structures. The following uses and structures identified with a "C" in Table 30.16.020-A may be permitted in the transit oriented development districts subject to approval of a conditional use permit (Chapter 30.42). The development standards of this zone shall apply except as otherwise provided herein.

C. Administrative Uses and Structures. The following uses and structures identified with an “A” in Table 30.16.020-A may be permitted in the transit oriented development districts subject to approval of an administrative use permit (Chapter 30.49). The development standards of this zone shall apply except as otherwise provided herein. 127 of 244

27 D. Temporary Uses. Temporary uses (identified with a “T” in Table 30.16.020-A), allowed subject to approval and compliance with all applicable provisions of this Zoning Code.

E. Permitted Accessory Uses and Structures. Accessory uses, buildings and structures shall be permitted in zones identified with a “P” in Table 30.16.020-A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.16-A, may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code.

G. Standards for Specific Uses. Where the last column in the following tables (“See Standards in Section or Chapter”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may apply as well.

Table 30.16.020-A

TRANSIT ORIENTED DEVELOPMENT DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Accessory Buildings, Structures and Uses
Accessory dwelling unit (ADU), and/or junior
accessory dwelling unit (JADU) on a lot
developed with one residential dwelling unit
P P 30.34.080
Accessory dwelling unit (ADU), on a lot
developed with one residential dwelling unit
P P 30.34.080
Accessory uses P P
Accessory buildings and structures P P
Antennas (pole type) and flagpoles P P
Carts (freestanding, non-motorized, portable
type)
P P 30.34.040
Dish antennas P P 30.34.050
Home occupation P P 30.45
Home-sharing P P 5.110
Reverse vending machines P P 30.12.040
Signs P P 30.33
Solar energy equipment P P 30.30.050
Institutional Uses
Hospitals P
Places of worship C
128 of 244

28 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Schools, physical instruction P C
Schools, private C
Schools, private specialized education, and
training
P C
Recreation
Arcade establishment P P
Billiard establishments P
Community gardens P 30.34.045
Gyms and health clubs P
Indoor recreation center C
Outdoor commercial recreation C
Private clubs and lodges C
Public dances P
Taverns C
Theaters P P
Manufacturing and Processing
Backlots/outdoor facilities – production C
Broadcasting studios and indoor support
facilities – production
P
Heavy manufacturing, if existing prior to
October 10, 2023
P P
Laundries and dry cleaning plants, if existing
prior to October 10, 2023
P P
Light manufacturing P(3)(4)
Medical and dental laboratories P P
Printing, publishing, and lithographic services P(3)(4) Research and development P(4)
Soundstages – production P
Warehousing P
Wholesaling, including wholesaling of alcoholic
beverages
P
Residential Uses
Domestic violence shelters P P
Conversion of a live/work unit to entirely
residential or entirely business use
A
129 of 244

29 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Emergency shelter C
Multiple residential dwelling units P(5) P(5)
Residential congregate living, Limited (subject
to the provisions of one residential dwelling per
lot)
P P
Residential congregate living, Medical P P
Residential congregate living, Non-medical P(5) P(5)
One residential dwelling per lot subject to the
provisions of the R-1250 zone
P
Senior housing P(5) P(5)
Mixed-Use Developments
Live/work units P(6) 30.34.090
Live/work units with conditionally permitted
uses
C 30.34.090
Mixed-use development provided that all uses
are permitted in zone which the project is
located
P P
Mixed-use development where at least one use
is conditionally permitted
C C
Retail Trade Uses
Alcoholic beverage sales A(8) A(8)
Automobile supply store P
Banquet halls C
Building materials, supplies, sales and service P
Christmas tree sales lots, when maintained
between November 1st and January 9th
T T 5.36
Jewelry stores P
Liquor stores A
Nurseries and garden supplies P
Paint and wallpaper stores P
Pawnshops, if existing prior to October 10,
2023
P
Pharmacy P P
Pumpkin sales lots, when maintained between
October 15th and November 1st
T T 5.36
Restaurant, counter service with limited seating P P
130 of 244

30 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Restaurants, fast food P P
Restaurants, full service P P
Retail stores, general merchandise P P
Supermarkets P P
Vehicle sales, leasing and rental agencies,
including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats existing prior to October 10, 2023,
including a one-time expansion on the same lot
of up to 20 percent of floor area.

P 30.34.160
Expansion of vehicle sales, leasing and rental
agencies, including new and used automobiles,
motorcycles, light trucks, recreational vehicles
and boats existing prior to September 12, 2006,
when proposed expansion is on the same lot as
the existing facility and is greater than 20
percent of the floor area existing prior to
September 12, 2006, or for any new facilities
on separate or non-contiguous lots.

C 30.34.160
Service Uses
Banks and financial institutions P
Body shops and painting booths, if existing
prior to October 10, 2023

30.34.150
Business support services P
Day care centers A A
Equipment rental yards, if existing prior to
October 10, 2023
P
Gas station P 30.34.020
Heating and air conditioning sales and service
(HVAC), if existing prior to October 10, 2023
P 30.34.070
Hotels and motels P
Kennel, animal boarding and daycare P(9)
Massage establishment C 5.64
Medical and dental laboratories P P
Mortuaries and funeral homes A
Moving and storage services, if existing prior to
October 10, 2023
P
Personal Services P P
131 of 244

31 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2) TOD I TOD II
See Standards
in Section or
Chapter
Pet grooming P
Repair and maintenance, consumer products P(4)
Tire stores, if existing prior to October 10, 2023 30.34.140 Vehicle repair garage, if existing prior to
October 10, 2023
P 30.34.150
Office Uses
Contractors office and/or storage, temporary T T
Medical and dental offices P P
Office P P
Office, consumer services C
Veterinary offices, including hospitalization
services
P
Transportation and Communications Uses
Parking lot/structure facilities C P 30.32,

30.51.020
Utility and transmission facilities C C
Wireless telecommunications facilities W W 30.48
Key to Permit Requirements Symbol See Chapter
Permitted use P
Administrative use—Administrative use permit
required A 30.49
Conditional use—Conditional use permit required C 30.42 Temporary use T
Wireless telecommunications facilities permit
required W 30.48
Use not allowed
Notes:
(1) See Section 30.03.010 regarding uses not listed. (2) See Chapter 30.70 for definitions of the land uses. (3) If gross floor area of the building is 10,000 sq. ft. or less and use is indoors; if greater than 10,000 sq. ft. and/or use is outdoors, a conditional use permit is required. (4) Requires a conditional use permit when combined in a mixed-use development which includes residential.
132 of 244

32 (5) When fronting San Fernando Road, Central Avenue, or Los Feliz Road, only allowed as mixed-use projects with commercial uses located along the street frontage as required in Section 30.34.100.
(6) For lots having frontage along San Fernando Road, Central Avenue, or Los Feliz Road, manufacturing and processing uses shall not be on the ground floor fronting these streets. (7) No drive-thru facilities permitted.
(8) Supermarkets only require an AUP Administrative Use Permit for on-site consumption of alcoholic beverages. Administrative Use Permit for on-site consumption of alcoholic beverages. An Administrative Use Permit is CUP not required for wholesaling. (9) Not to be located nearer than 200 feet to the R1, R1R, ROS, R-3050, R-2250, R16-50 and R-1250 zones if use includes outdoor facilities.

SECTION 9. Section 30.34.080 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.34.080 Accessory dwelling units and junior accessory dwelling units.

A. Intent and Purpose. This section is intended to provide for the creation of accessory dwelling units and junior accessory dwelling units in a manner that is ministerial and nondiscretionary consistent with state law.

1. Accessory dwelling units and/or junior accessory dwelling units, as applicable, are located on lots developed or proposed with dwelling units in areas zoned for single- family and multi-family residential (including mixed-use residential) uses and can provide an important source of affordable housing. For purposes of this section, the existing one residential dwelling on property zoned single-family residential or property with an existing single-family dwelling on it shall also be known as the primary dwelling.

2. Accessory dwelling units and junior accessory dwelling units, when appropriately sized and located, have little impact on neighborhood quality of life or upon real property that is listed, or identified on a historic survey as potentially eligible on the National Register of Historic Places, California Register of Historical Resources, Glendale Register of Historic Resources, and in a city of Glendale designated or nominated Historic District.

3. Establishing reasonable regulations for accessory dwelling units and junior accessory dwelling units is an appropriate mechanism to properly balance the need for additional affordable housing with the need to maintain existing architectural character, community character and neighborhood quality of life.

4. Accessory dwelling units and junior accessory dwelling units are not considered for purposes of general plan density calculation.

5. Accessory dwelling unit and junior accessory dwelling unit permits are necessary to enable tracking of affordable housing and to ensure review and compliance with zoning, fire, and life safety standards contained in state and local law. 133 of 244

33 B. Applicability. This section shall apply to all zones that allow single-family or multi-family residential use(s).

C. Definitions. The following definitions shall apply to the requirements of this section any term not defined herein shall have the same meaning as defined in Chapter 30.70:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit as defined in Section 17958.1 of the Health and Safety Code. b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence, and shall in no event be contained within a detached accessory building or structure. For purposes of this definition, “contained entirely within a single-family residence” means enclosed uses within the residence, such as attached garages. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. “Tandem parking” means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. General Provisions.

1. Accessory dwelling units shall be permitted in any zone that allows residential uses 134 of 244

34 and is developed with residential uses or, in the case of single-family zones only, is proposed to be developed with a residential dwelling unituse. Where two or more contiguous lots in the same ownership are developed as one building site with residential dwellings and where an accessory dwelling unit is proposed, a lot line adjustment or parcel map, as applicable, shall be required to create one lot by relocating or eliminating existing lot lines.

2. Junior accessory dwelling units shall only be permitted on lots developed with one residential dwelling or proposed to be developed with one residential dwelling.

Where two or more contiguous lots in the same ownership are developed as one building site with residential dwellings and where a junior accessory dwelling unit is proposed, a lot line adjustment or parcel map shall, as applicable, be required to create one lot by relocating or eliminating existing lot lines.

3. Accessory dwelling units and junior accessory dwelling units are subject to the underlying zoning development standards for setback, floor area ratio, lot coverage, height, parking, open space and landscaping that are applicable to the primary residential dwelling, or dwellings, except as otherwise set forth in this section.

These prohibitions do not apply when compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2) below. The underlying zoning development standards for floor area ratio, lot coverage, open space and landscaping shall not include up to 800 square feet of any accessory dwelling unit area constructed under the provisions of this section.

4. No additional setback shall be required for an existing living area or accessory building or a building constructed in the same location and to the same dimensions as an existing building that is converted to an accessory dwelling unit, and a setback of no more than four feet from an interior lot line shall be required for an accessory dwelling unit that is not converted from an existing building constructed in the same locations and to the same dimensions as an existing building.

5. An accessory dwelling unit shall include:
a. A bathroom.
b. A kitchen.
c. Independent access.
d. Comply with building codes, including sufficient setbacks for fire. e. May not be smaller than identified in Section 17958.1 of the California Health and Safety Code.
f. Must be served by utilities, including sewer, water and electric.

6. All new construction attached or detached accessory dwelling units shall have a maximum square footage as follows.
a. Eight hundred fifty square feet; or
b. One thousand square feet for an accessory dwelling unit that provides more than one bedroom.
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35 7. All new construction accessory dwelling units attached to the existing or proposed primary dwelling shall not exceed 50% of the existing or proposed floor area of the primary dwelling, but in no event shall an accessory dwelling unit exceed the maximum square feet stated in subsection (D)(6) above. This prohibition does not apply when compliance with this section precludes development of an accessory dwelling unit that qualifies under (E)(4) below.

8. A junior accessory dwelling unit shall include:
a. An efficiency kitchen, which shall include a sink and a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. b. Independent access.
c. Comply with building codes, including sufficient setbacks for fire. d. May not be smaller than identified in Section 17958.1 of the California Health and Safety Code.
e. Must be served by utilities, including sewer, water and electric. f. If the junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

9. A lot where only one residential dwelling unit exists may have either an accessory dwelling unit or an accessory living quarters, but not both. For the purposes of this section, other accessory buildings which are defined as “R” Occupancy per Chapter 3 of the California Building Code such as, a cabana, pool house, recreation room, workshop, studio, rumpus room and similar shall be considered accessory living quarters. An accessory living quarter may be converted to an accessory dwelling unit. Nothing herein shall prohibit the creation of a junior accessory dwelling unit on such a lot that contains an accessory living quarters.

10.9. In no case shall new construction of an accessory dwelling unit be located between the primary residential dwelling(s) and the street front and street side setback. Notwithstanding such prohibition, in cases where a lot has more than one street front (through lot), a new construction attached or detached accessory dwelling unit may be located between the street front setback and the side or rear façade of the primary residential dwelling(s). Further, no additional driveway shall be allowed from any street frontage. These prohibitions do not apply when compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2)(b) below.

11.10. Any rental of an accessory dwelling unit and/or junior accessory dwelling unit created pursuant to this section shall be for a term longer than 30 days.

12.11. Except as provided in Government Code Section 65852.2666341 or otherwise allowed by state or local law, an the accessory dwelling unit and/or the junior accessory dwelling unit cannot be sold separately from the residential dwelling(s). A junior accessory dwelling unit cannot be sold separately from the sale of the single- 136 of 244

36 family residence under any circumstance.

13.12. Fire sprinklers shall be required for the accessory dwelling unit and/or junior accessory dwelling unit if fire sprinklers are or were required for the residential dwelling. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single- or multi-family dwelling.

14.13. No passageway shall be required between an entrance of the accessory dwelling unit and the street right-of-way as defined in state law.

15.14. The property owner shall pay all sewer, water, school district, and other applicable fees.

16.15. Notwithstanding Chapter 4.10 and any development impact fee resolutions adopted thereunder:
a. Any accessory dwelling unit under 750 square feet shall be exempt from any development impact fee, including, but not limited to, the parks and libraries development impact fee; and
b. Any accessory dwelling unit of 750 square feet or greater shall be charged a parks and library development impact fee in an amount proportionally related to the square footage of the primary dwelling unit or the average square footage of the existing or proposed multi-family dwelling units, as applicable, not to exceed that amount set forth in the development impact fee resolution adopted pursuant to Chapter 4.10 of this code.

17.16. The property owner may install new or separate utility connections between the accessory dwelling unit(s) or junior accessory dwelling unit and the utility, and pay all applicable connection fees or capacity charges.

18.17. An accessory dwelling unit or junior accessory unit shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer, unless the accessory dwelling unit or junior accessory dwelling unit is constructed with a new single-family dwelling.

19.18. When an accessory dwelling unit or junior accessory dwelling unit qualifies under subsection (E)(4) or (F)(2), installation of new or separate utility connections, including related connection fees or capacity charges, directly between the accessory dwelling unit or junior accessory dwelling unit shall not be required unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family dwelling.

19. When an accessory dwelling unit or junior accessory dwelling unit does not qualify under subsection (E)(4) or (F)(2), installation of a new or separate utility connection directly between the accessory dwelling unit and the utility may be required.

Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit or junior accessory dwelling unit, based upon either it’s square footage or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or 137 of 244

37 sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

20. In addition to the above, the City shall comply with all accessory dwelling unit and junior accessory dwelling unit permitting and permit processing requirements, mandates, timelines, deadlines, restrictions, prohibitions and limitations contained in California Government Code Sections 66314, et seq., including, but not limited to, Sections 66316 through 66317 and 66331 through 66332.

E. Additional Standards Specific Only to an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit Where Only One Residential Dwelling Unit Exists or is Proposed on a Lot. The following standards and criteria apply to accessory dwelling units and/or junior accessory dwelling units where only one residential dwelling unit exists or is proposed on a lot.

1. Except as otherwise set forth in this section, accessory dwelling units and junior accessory dwelling units are subject to all zoning development standards that apply in the underlying zone to the primary residential dwelling, including, but not limited to, setbacks, floor area ratio, lot coverage, height, parking, landscaping, open space, and ungraded open space, except that no more than a minimum of four foot interior setbacks shall be required.

2. Notwithstanding the development standards for floor area ratio, lot coverage, and open space (when not required for minimum landscaping requirements) for the underlying zone, a new construction attached or detached accessory dwelling unit shall be permitted that is 800 square feet or less in size, provides four foot minimum interior setbacks and does not exceed the following height limitations:
a. A height limit of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
b. A height limit of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling unit that is within one-half (0.5) mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. In no case shall the accessory dwelling unit exceed two stories. c. A height of 25 feet or the height limitation of the underlying zoning district, whichever is lower, for an accessory dwelling unit that is attached to the primary dwelling. In no case shall the accessory dwelling unit exceed two stories.
c.d. A height limit of 25 feet for a new construction accessory dwelling unit located above a detached garage or carport that complies with the objective design standards set forth in section (G) below. In no case shall the new accessory dwelling unit exceed two stories.

3. For properties listed on the California Register of Historic Places, the Glendale Register of Historic Properties, any property in an adopted or nominated historic 138 of 244

38 district overlay zone, or any property identified as significant or potentially significant on a historic survey meeting the requirements of Public Resources Code Section 5024.1(g), any exterior changes to an existing property to create an accessory dwelling unit and/or a junior accessory dwelling unit shall not be visible from the public street or sidewalk right-of-way immediately adjacent to the property and shall not alter any defining historical characteristic unless compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) below.

4. Notwithstanding subsection (E)(1) above:
a. One accessory dwelling unit and one junior accessory dwelling unit shall be allowed when all of the following apply:
i. The accessory dwelling unit or junior accessory dwelling unit shall be located within the proposed space of a single-family dwelling or existing space of a single-family dwelling, or the accessory dwelling unit shall be located within the existing space of an accessory building and may include an expansion of an accessory building not to exceed 150 square feet beyond the same physical dimensions as the existing accessory building.

An expansion of an accessory dwelling unit beyond the physical dimensions of the existing accessory building shall be limited to accommodating ingress and egress;
ii. The space has exterior access from the proposed or existing single-family dwelling;
iii. For fire safety purposes, at least one of the existing interior setbacks has minimum of three feet; and
iv. The junior accessory dwelling unit complies with all other junior accessory dwelling unit requirements outlined in this Ordinance.
b. One detached new construction accessory dwelling unit shall be allowed subject to the following:
i. A minimum four foot interior setback;
ii. A maximum square footage of 800 square feet; and
iii. A height limit as set forth in subsection (E)(2) above.

An accessory dwelling unit constructed under subsection (E)(4)(b) above may be combined to also allow a junior accessory dwelling unit in the manner described in subsection (E)(4)(a) above, but only where one residential dwelling unit exists, or is proposed to be constructed.

5. Alterations and/or additions to any existing primary residential dwelling which do not propose an additional story and/or change to a façade, including addition of a door, directly facing a street may be permitted to accommodate an accessory dwelling unit or junior accessory dwelling unit. In cases where a lot has more than one street front (through lot), a new construction attached or detached accessory dwelling unit may be located between the street front setback and the 139 of 244

39 side or rear façade of the primary residential dwelling(s) and may add a door directly facing a street. These prohibitions do not apply when compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) above.

6.5. Accessory dwelling units and junior accessory dwelling units that are new construction, or propose exterior modifications to an existing primary residence or to a permitted accessory building shall be architecturally compatible with the existing primary residence comply with the objective design standards set forth in subsection (G) below. These standards shall not apply to and must use matching or complementary building materials unless compliance with this section precludes development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) above.

7. New construction attached or detached accessory dwelling units shall be limited to a single-story, except when constructed under the height limits enumerated in subsection (E)(2)(b) through (E)(2)(c). New construction accessory dwelling units shall not be permitted above a detached garage or carport.

8. When an accessory dwelling unit and/or junior accessory dwelling unit is proposed with an attached balcony, porch or patio cover structure, the attached balcony, porch or patio cover structure shall be limited to no more than 5% of the square footage of the accessory dwelling unit and/or junior accessory dwelling unit or 60 square feet, whichever is less.

9. Rooftop deck located above any new construction (attached or detached) or converted accessory and/or junior accessory dwelling unit are prohibited. Further, when a parapet is used for the accessory dwelling, the parapet height shall not exceed 18 inches.

F. Additional Standards Specific Only to Accessory Dwelling Units on Lots Developed with Existing or Proposed Multiple Residential Dwelling Units. The following standards and criteria apply to accessory dwelling units on lots developed with existing or proposed multiple residential dwelling units.

1. Except as otherwise set forth in this section, accessory dwelling units are subject to all zoning development standards that apply in the underlying zone, including, but not limited to, setbacks, floor area ratio, lot coverage, height, parking, landscaping, open space, and ungraded open space, except that no more than a minimum of four foot interior setbacks shall be required. In such cases, no more than three new construction accessory dwelling units with a maximum square footage set forth in subsection (D)(6) above shall be allowed.

2. Notwithstanding subsection (F)(1) above, the applicant is entitled to build accessory dwelling units under either subsection (F)(2)(a) or (F)(2)(b) below, but not both:
a. At least one accessory dwelling unit and up to 25% of the existing multi- family dwelling units shall be allowed within portions of existing multi family dwelling structures (excluding existing dwelling units) that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings; or
140 of 244

40 b. Not more than two detached Multiple accessory dwelling units with minimum four foot interior setbacks shall be allowed. These accessory dwelling units may be attached or detached from each other and shall not exceed the number specified in subsection (F)(2)(b)(i) or (F)(2)(b)(ii), as applicable:
i. On a lot with an existing multi-family dwelling, not more than eight detached accessory dwelling units shall be allowed. The number of accessory dwelling units allowable pursuant to this sub-section shall not exceed the number of existing units on the lot.
ii. On a lot with a proposed multi-family dwelling, not more than two detached accessory dwelling units shall be allowed.
b.c. and shall be located where existing garage or carports are located and are proposed to be demolished and where this demolition is necessary to physically accommodate the accessory dwelling unit(s). In addition, tThe following height limitations shall apply for accessory dwelling units that qualify under subsection (F)(2)(b)(i) or (F)(2)(b)(ii) above:
i. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
ii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi family dwelling unit that is within one-half (0.5) of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit(s) that is aligned with the roof pitch of the primary dwelling unit. In no case shall the accessory dwelling unit exceed two stories.
iii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family, multi-story dwelling. In no case shall the accessory dwelling unit exceed two stories.

3. Junior accessory dwelling units are prohibited on lots developed with existing multiple residential dwelling units.

4. For properties listed on the California Register of Historic Places, the Glendale Register of Historic Properties, any property in an adopted or nominated historic district overlay zone, or any property identified as significant or potentially significant on a historic survey meeting the requirements of Public Resources Code Section 5024.1(g), any exterior changes to an existing property to create accessory dwelling units shall not be visible from the public street or sidewalk right-of-way immediately adjacent to the property and shall not alter any defining historical characteristic unless compliance with this section precludes development of an accessory dwelling unit(s) that qualifies under subsection (F)(2) above.

5. Accessory dwelling units that are new construction, or that propose exterior modifications to an existing multi-family building or to a permitted accessory building shall be architecturally compatible with the existing multi-family 141 of 244

41 buildingcomply with the objective design standards in subsection (G) below. and must use matching or complementary building materials unless compliance with this section precludes development of These standards shall not apply to an accessory dwelling unit(s) that qualifies under subsection (F)(2) above.

6. Accessory dwelling units shall be limited to a single-story, except when constructed under the height limits enumerated in subsections (F)(2)(b)(i) through (F)(2)(b)(ii). New construction accessory dwelling units shall not be permitted above detached garages or carports.

7. When an accessory dwelling unit(s) is proposed with an attached balcony, porch or patio cover structure, the attached balcony, porch or patio cover structure shall be limited to no more than 5% of the square footage of the accessory dwelling unit and/or junior accessory dwelling unit or 60 square feet, whichever is less.

G.Rooftop decks located above any new construction (attached are detached) or converted accessory dwelling unit are prohibited. Further, when a parapet is used for the accessory dwelling unit, the parapet height shall not exceed 18 inches.

G. Objective Design Standards for Accessory Dwelling Units. The following standards and criteria shall apply to accessory dwelling units, or portions thereof, that directly face the public realm, which for the purposes of this subsection shall include improved public streets, sidewalks, alleys, parks, and accessory dwelling units that include a second story. Accessory dwelling units that do not include a second story and/or are hidden from view from the public realm by primary or accessory buildings shall be exempt from these criteria. In accordance with Government Code Section 66323(b), these standards do not apply to the development of an accessory dwelling unit or junior accessory dwelling unit that qualifies under subsection (E)(4) or (F)(2) above. This section is not applicable to designated historic resources and potential historic resources, as defined in GMC 15.20.20, and/or contributors in designated or pending historic districts, as defined in GMC 30.25.015.

1.Massing.
a.Roof Form and Pitch.
i. The roof form of the accessory dwelling unit shall match the roof form of the existing primary residence or multi-family building.
ii. For an existing primary residence or multi-family building with multiple roof forms, the roof of the accessory dwelling unit shall match at least one of the roof forms of the existing development. The accessory dwelling unit may have more than one roof form, so long as the selected roof forms match those of the existing primary residence or multi-family building. iii. When the roof pitch of the existing primary residence or multi-family building has a pitch greater than 4:12, the roof pitch of the accessory dwelling unit is not required to match, so long as the accessory dwelling unit complies with the height requirements set forth in subsections (E)(2) and (F)(2)(b) above. 142 of 244

42 iv. Rooftop decks are prohibited on all attached or detached accessory dwelling units and junior accessory dwelling units, including both new construction and conversions.
v. When a parapet is incorporated into the design of the accessory dwelling unit or junior accessory dwelling unit, the parapet height shall not exceed 18 inches above the lowest point of the roof.
b.Breaks in Building Volume.
i. Each façade that directly faces the public realm shall have at least one change in plane with a minimum depth of 18 inches.
ii. Second-floor overhangs for the accessory dwelling unit shall be oriented towards the rear and side yard areas and shall not directly face the public realm.

2.Design and Detailing.
a.Exterior Wall Cladding.
i. Except as indicated in subsections (G)(2)(a)(vi) and (G)(2)(a)(vii) below, the accessory dwelling unit shall have a minimum of two wall cladding materials at any façade or portion thereof which directly faces the public realm. ii. The use of stucco shall be limited to a maximum of 60% of the total exterior wall surface of any façade or portion thereof which directly faces the public realm.
iii. All cladding materials shall wrap exterior corners and either wrap the entire building or terminate at inside corners.
iv. Any of the following cladding materials may be used: wood or cementitious siding (e.g., lap siding, tongue-and-groove/interlocking boards, board-and- batten, shingle), stucco, brick, veneer brick, natural stone, and pre-cast stone.
v. If siding is applied solely at the base of the building (wainscoting), it shall extend from the lowest edge of the wall up to, at a minimum, the height of the lowest windowsill on that façade. If a façade is windowless, the siding at its base shall either match the height of any siding proposed at adjoining façades or, if none exists, shall not be greater than four-feet above the level of the adjoining grade.
vi. If the roof of the existing primary residence or multi-family building is clad with Spanish-tiles (one- or two- piece clay or concrete tiles with a curved profile), 100% of the exterior wall surfaces of the accessory dwelling unit shall be clad with stucco.
vii. If the existing primary residence or multi-family building is clad entirely with horizontal and/or shingle siding, 100% of exterior wall surfaces of the accessory dwelling unit directly facing the public realms shall be clad with horizontal and/or shingle siding.
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43 b.Roof Cladding.
i. Pitched roofs on the accessory dwelling unit shall be clad with a material that matches the roof of the existing primary residence or multi-family building in terms of material, color, texture, dimensions, shape, and profiles. ii. Flat roofs may be clad with any material permitted by the building code. iii. If the flat-roofed portion of the existing primary residence or multi-family building has Spanish-tile (one- or two-piece clay or concrete tile with a curved profile) parapet caps, any flat-roof portion of the accessory dwelling unit shall have parapet caps that match the existing parapet caps of the existing primary residence or multi-family building in terms of material, color, texture, dimensions, shape, and profiles.
iv. If the flat-roofed portion of the existing primary residence or multi-family building does not have Spanish-tile parapet caps, any flat-roofed portion of the accessory dwelling unit shall have parapets with an upper surface designed to shed water or with a sheet-metal parapet cap that is finished at its outward-facing surface to match the color of the adjacent wall cladding. c.Entryways, Windows and Doors.
i. Windows shall be recessed a minimum of one inch from the face of the window frame to the face of the exterior wall material finish with the exception of those windows permitted in Section (G)(2)(c)(vi). ii. Windows shall have a sill projecting a minimum of one inch from the exterior material finish, except for flush-mounted windows permitted in Section (G)(2)(c)(vi).
iii. Second-floor windows that are facing abutting properties and not oriented towards the interior of the lot shall have a minimum floor to sill height of 60 inches. Any windows that are necessary by the building code for emergency ingress and egress shall be exempt from this requirement only if there are no other alternative options for placement.
iv. Windows may be of any material permitted by the building code. v. No internal grids (“grid-between-glass”) shall be permitted. vi. Windows that are a slider operation and/or flush-mounted windows shall only be permitted when the existing primary residence or multi-family building was constructed on or after January 1, 1960.
vii. Any roof and/or wall elements that shelter entryways shall not exceed the height of the accessory dwelling unit at the location of the entryway. viii. Double doors shall not be permitted.
d.Balconies, Stairs and Landings.
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44 i. Balconies for an accessory dwelling unit or junior accessory dwelling unit shall be oriented towards the interior of the lot and shall not be located where they directly overlook adjacent properties.
ii. All stairs and landings for an accessory dwelling unit or junior accessory dwelling unit shall be located towards the interior of the lot and not directly face the public realm.
e.Equipment and Lighting.
i. Mechanical equipment, including at a minimum, water heaters, HVAC units, and electrical panels, shall not directly face the public realm. ii. Exterior light fixtures shall only be located adjacent to entries, stairs, balconies, and outdoor patio areas. All lighting shall be shielded to minimize spillover and directed downwards and away from adjacent properties.

H. Parking Standards for an Accessory Dwelling Unit.

1. Off-street parking for an accessory dwelling unit shall comply with the following standards:
a. A maximum of one off-street parking space shall be provided per accessory dwelling unit or per bedroom, whichever is less, except as otherwise provided in this section.
b. Any uncovered parking space shall have a minimum width of eight feet and a length of 18 feet.
c. Parking may be located in any configuration on the same lot as the accessory dwelling unit, including covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
d. If a mechanical automobile parking lift is used, it shall be enclosed and may not be located within any setback area.
e. An uncovered parking space may be located within setback areas on an existing driveway and shall not encroach on the public right-of-way. f. A covered or enclosed parking space shall comply with zoning standards.

2. An accessory dwelling unit shall share the driveway with the existing primary residential dwelling or multiple residential dwelling units. The driveway to the primary residential dwelling or multiple residential dwelling units may be modified to accommodate onsite parking and shall comply with Section 30.32.130. A separate driveway for the accessory dwelling unit shall not be provided, except where the lot is adjacent to an alley, in which case a driveway from the alley may be added to serve the accessory dwelling unit.

3. On shared driveways that provide access for multiple lots, such as flag lots, parking shall not be permitted on portions of the driveway that are used to provide access to more than one lot.

4. No on-site parking is required for an accessory dwelling unit when one or more of 145 of 244

45 the following is applicable:
a. The property is located within one-half (0.5) mile walking distance of a public transit stop.
b. The property is listed on the California Register of Historic Places, Glendale Register of Historic Properties, or any property in an adopted historic district overlay zone with a building identified as a contributing building or structure in an adopted historic resources survey.
c. When the accessory dwelling unit is located within the existing primary residence or accessory living quarters.
d. When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.
e. When there is a car share vehicle lot, such as ZIP car, located within one block of the accessory dwelling unit.
f. When it is a junior accessory dwelling unit.
g. When an accessory dwelling unit(s) qualifies for approval under subsection (E)(4) or (F)(2) of this section.
g.h. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this section.

5. Parking spaces shall not be required to be replaced when a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit. For purposes of this section, “in conjunction with” means construction of an accessory dwelling unit(s) or conversion that falls within the footprint of the original garage, carport, or covered parking structure that is proposed to be demolished/converted for an accessory dwelling unit.

I. Covenant and Agreement.

1. A covenant and agreement shall be executed by the property owner and recorded for an accessory dwelling unit and/or junior accessory dwelling unit prior to final approval of the building permit. The covenant and agreement shall include the following:
a. The accessory dwelling unit and junior accessory dwelling unit shall not be sold separately from the primary residential dwelling, except as provided in Government Code Section 65852.26.
b. All required on-site parking for the lot identified in the accessory dwelling unit permit shall remain available for the primary residential dwelling and accessory dwelling unit and shall not be rented separately to non-residents. c.b. For properties with junior accessory dwelling units, aAt all times, the property owner shall comply with one of the following requirements: (i) the property 146 of 244

46 owner must be an owner-occupant and reside in either the residential dwelling or in the junior accessory dwelling unit; or (ii) if the property owner does not reside in either the residential dwelling or the junior accessory dwelling unit, then the property owner shall only rent or lease the property as a single rental property and shall not rent or lease the residential dwelling and junior accessory dwelling unit separately from each other.
d. Short-term rentals less than 30 days are prohibited for the primary residential dwelling, accessory dwelling unit, and junior accessory dwelling unit. e.c. The accessory dwelling unit and junior accessory dwelling unit permit shall run with the land and the accessory dwelling unit and junior accessory dwelling unit permit is binding and enforceable on future property owners. f.d. The accessory dwelling unit and junior accessory dwelling unit shall be removed at the expense of the property owner if the accessory dwelling unit permit or junior accessory dwelling unit permit is invalidated or terminated, upon violation of this section, or upon cessation of the primary land use as a single-family residential dwelling and/or multi-family residential dwellings, as applicable.

SECTION 10. Section 30.70.050 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.70.050 Definitions, “D”
The following definitions are in alphabetical order:

Day care center. “Day care center” means a facility operated by a person, corporation, or association in which less than 24-hour per day non-medical care and supervision is provided outside the home for minor children or elderly persons, provided such facility is licensed by the State of California as a day care center, and provided further that a copy or evidence of the license issued by the State of California is on file with the city clerk prior to occupancy as such a facility. This definition does not include facilities for the care of up to 14 persons in small and large family day care as defined by the California Health and Safety Code.

Director. “Director” means the director of community development or his/her designee.

Detached. “Detached” means any building or structure separated by at least five feet in horizontal distance (measured from eave to eave).

Disability. “Disability” means a disability or handicap as defined by the Federal Fair Housing Act (FFHA). Federal laws define any person with a disability as “Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment.

Dish antenna. “Dish antenna” means any device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, cornucopia or flat plate, and has a diameter in excess of three feet; which device is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This definition shall include, but not be limited to, what is commonly referred to as satellite earth stations, satellite receivers, satellite discs, direct broadcast systems (DBS’s), television reception only systems (TVROs) and satellite microwave antennas. 147 of 244

47 Down slope wall. “Down slope wall” means the walled side(s) of any building or structure facing down hill.

Domestic violence shelter. “Domestic violence shelter” means a residential facility which provides temporary accommodations to persons or families who have been the victims of domestic violence. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility.

Dwelling. “Dwelling” means a building or any portion thereof designed exclusively for residential purposes, including single and multiple residential dwellings but not including hotels, motels and other places without individual kitchen facilities.

Dwelling unit. “Dwelling unit” means a single unit providing complete, independent living facilities for one person or household, including permanent provisions for living, sleeping, eating, cooking and sanitation. This definition does not include accessory dwelling units or junior accessory dwelling units, which are defined separately in this Chapter.

Dwelling, multiple residential. “Dwelling, multiple residential” means a building or portion thereof designed for occupancy by two or more persons or households living independently of each other in separate units. Includes apartments, townhouses or similar buildings. On-site support services personnel and equipment to maintain independent living is limited to residents of the dwelling.

Dwelling, one residential. “Dwelling, one residential” means a detached building designed exclusively for occupancy by one household. On-site support services personnel and equipment to maintain independent living is limited to residents of the dwelling.

SECTION 11. Pipeline Projects. Accessory dwelling unit and junior accessory dwelling unit permit applications which have been submitted to plan check prior to the adoption of this Ordinance shall be reviewed under the zoning rules and regulations which were in effect on the day prior to adoption of this Ordinance. The foregoing notwithstanding, any applicant may make a request in writing to the Director of Community Development that his or her application be reviewed under the zoning rules and regulations as amended by this Ordinance.

SECTION 12. Pursuant to the California Environmental Quality Act (CEQA) the City Council hereby finds that this Ordinance is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h) because this Ordinance implements the provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), second units in a single-family or multifamily residential zone. Moreover, this Ordinance is exempt from further environmental review under CEQA pursuant to Title14 of the California Code of Regulations Section 15060(c)(1), as it implements provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), which require ministerial review and approval of accessory dwelling units and junior accessory dwelling units and therefore, does not involve the exercise of discretionary powers by the City.
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48 SECTION 13. Severability. This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.

SECTION 14. Effective Date. This ordinance becomes effective on the thirtieth (30th) day after its adoption.

Passed and adopted by the Council of the City of Glendale on the _______ day of ________, 2024.
______________________________
Mayor
Attest
___________________________________
City Clerk

STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS.

CITY OF GLENDALE)
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, California, certify that the foregoing Ordinance No. ______________ was passed and adopted by the Council of the City of Glendale, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the ______ day of _______________, 2024 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
____________________________
City Clerk
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1 ORDINANCE NO. ________________

AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA, ADOPTING A GENERAL

PLAN AMENDMENT TO AMEND THE DOWNTOWN SPECIFIC PLAN (DSP)

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSSORY DWELLING UNITS (CASE NO. PGPA-003908-2024)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

WHEREAS, the City of Glendale (“City”) regulates accessory dwelling units pursuant to Title 30 of the Glendale Municipal Code, 1995 (“GMC”), including Chapter 30.34, as well pursuant to the Glendale Building and Safety Code; and WHEREAS, California Government Code (“CA Gov’t Code”) Sections 66314 et seq., allow local agencies to enact ordinances providing for the creation of accessory dwelling units and junior accessory dwelling units, and establish standards for ministerial review of such units; and
WHEREAS, the City adopted Housing Element 2021-2029 of the General Plan on February 1, 2022 and this Element was certified by the State Department of Housing and Community Development (“HCD”) on February 27, 2023; and
WHEREAS, CA Gov’t Code Section 66319 declares that accessory dwelling units in areas zoned to allow single-family or multi-family dwelling residential uses do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot; and WHEREAS, the development of accessory dwelling units and junior accessory dwelling units will further local, regional and state goals for meeting the Regional Housing Needs Allocation set forth in the City’s Housing Element 2021-2029; and
WHEREAS, the City’s Housing Element 2021-2029, contains Policy 1.9 “Encourage flexibility in the Zoning Ordinance to promote a wide range of housing types”; Policy 1.3 “Promote the dispersion of affordable housing throughout the City while recognizing the potential for the integration of market-rate and affordable units within individual projects”; Policy 2.9 “Respect scale, historic continuity, and a sense of community in new residential development”; and, Policy 6.10 “encourage the use of sustainable building practices in residential developments” and permitted accessory dwelling units and junior accessory dwelling units implements these policies; and WHEREAS, the Greener Glendale Plan for Community Activities was adopted by the City Council of the City of Glendale on March 12, 2012, for the purposes of promoting sustainable practices and establishing greenhouse gas reduction strategies in accordance with AB 32 (2006) and SB 375 (2008); WHEREAS, the Greener Glendale Plan for Community Activities Objective UD4 directs Glendale to continue to promote infill development to increase 150 of 244

2 sustainability and livable environment and permitting accessory dwelling units and junior accessory dwelling units is consistent with that objective; and WHEREAS, CA Gov’t Code Section 66314 requires cities to permit accessory dwelling units and junior accessory dwelling units in areas zoned for single family and multifamily residential uses, but allows cities to designate areas where accessory dwelling units and junior accessory dwelling units may be permitted based on the adequacy of water and sewer services and the impact of accessory dwelling units and junior accessory dwelling units on traffic flow and public safety, as well as, allows cities to impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources; and WHEREAS, on December 8, 2020, the City Council adopted Ordinance Nos. 5957 and 5958 amending permanent standards and processes for the review and approval of accessory dwelling units and junior accessory dwelling units, which Ordinance was codified in Section 30.34.080 of the GMC; and WHEREAS, on November 15, 2022, the City Council adopted Ordinance No. 5997 incorporating state law amendments and minor modifications and clarifications related to accessory dwelling units and junior accessory dwelling units; WHEREAS, following HCD’s review of Ordinance No. 5997, HCD sent the City a series of letters, commencing with a letter dated December 7, 2023, and including a June 19, 2024 “Notice of Violation” letter with written findings alleging portions of Ordinance No. 5997 does not comply with CA Gov’t Code Sections 66314, et seq. (“State ADU Law”) to which the City responded; and
WHEREAS, pursuant to CA Gov’t Code Section 66326(b), the City must consider the findings made by HCD pursuant to its review of Ordinance No. 5997 and must either amend the Ordinance to comply with State ADU Law, and/or re-adopt the Ordinance without changes, but with findings in a resolution adopting the Ordinances that explains the reasons the City believes that the Ordinance complies with State ADU Law, despite HCD’s findings; and
WHEREAS, on August 20, 2024, at a regularly scheduled City Council meeting, and in response to the above-referenced written findings, the City Council considered said findings and initiated amendments to Title 30 of the GMC related to development standards for accessory dwelling units and junior accessory dwelling units as to portions of said findings, and directed staff to re-adopt Ordinance No. 5997 without changes (with findings in a resolution adopting the Ordinance explaining the reasons the City believes the Ordinance complies with State ADU Law despite HCD’s findings) as to certain other portions of Ordinance No. 5997; and
WHEREAS, the City’s Planning Commission considered and recommended approval of these amendments to Title 30 of the GMC, as well as readoption of portions of Ordinance No. 5997 with findings, at its meeting of October 16, 2024. 151 of 244

3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE DOES 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. All of the findings contained in Resolution No. _______ (A Resolution of the City Council of the City of Glendale, California, Making Findings That Certain Portions of Ordinance No. 5997 Complies with California Government Code Sections 66314, et seq., and 66333, et seq. Despite The Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-Adopting Those Portions of Ordinance No. 5997 Without Changes Within Ordinance No. _______) are hereby incorporated herein by reference as if set forth in full.

SECTION 2. Downtown Specific Plan. Chapter 3 Land Use. Section 3.3 Land Uses & Permit Requirements. Table 3-A-1: Land Uses and Permit Requirements and Table 3-B-1 are amended to read as follows:
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4 153 of 244

5 SECTION 3. Pipeline Projects. Accessory dwelling unit and junior accessory dwelling unit permit applications which have been submitted to plan check prior to the adoption of this Ordinance shall be reviewed under the zoning rules and regulations which were in effect on the day prior to adoption of this Ordinance. The foregoing notwithstanding, any applicant may make a request in writing to the Director of Community Development that his or her application be reviewed under the zoning rules and regulations as amended by this Ordinance.

SECTION 4. Pursuant to the California Environmental Quality Act (CEQA) the City Council hereby finds that this Ordinance is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h) because this Ordinance implements the provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), second units in a single-family or multifamily residential zone. Moreover, this Ordinance is exempt from further environmental review under CEQA pursuant to Title14 of the California Code of Regulations Section 15060(c)(1), as it implements provisions of former Government Code Sections 65852.2 and 65852.22 (now codified in Article 2 [commencing with Section 66314] and Article 3 [commencing with Section 66333] of Chapter 13 of Division 1 of Title 7 of, the Government Code), which require ministerial review and approval of accessory dwelling units and junior accessory dwelling units and therefore, does not involve the exercise of discretionary powers by the City.

SECTION 5. 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 6. Effective Date. This ordinance becomes effective on the thirtieth (30th) day after its adoption.

Passed and adopted by the Council of the City of Glendale on the _______ day of ________, 2024.
______________________________
Mayor
Attest
___________________________________
City Clerk
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6 STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS.

CITY OF GLENDALE)
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, California, certify that the foregoing Ordinance No. ______________ was passed and adopted by the Council of the City of Glendale, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the ______ day of _______________, 2024 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
____________________________
City Clerk
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8a

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Professional Services Agreement with Arcadis U.S., Inc. for Engineering Services in Developing a Water Master Plan.

1. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Arcadis U.S., Inc, for engineering services in developing a comprehensive Water Master Plan., in the not-to-exceed amount of $1,196,892.

COUNCIL ACTION
Item Type: Action Item
Approved for December 3, 2024 calendar

EXECUTIVE SUMMARY
In August 2024, Glendale Water & Power (GWP) through a Request for Proposal (RFP) process, invited qualified consulting firms to develop a comprehensive Water Master Plan (WMP). Proposals were received from two highly qualified engineering firms. The proposals were evaluated based on responsiveness, firm experience and technical abilities, project team experience, design approach, cost and results from a presentation and oral interview. Based on the evaluation, Arcadis U.S., Inc. (Arcadis) was selected with the highest scoring and lowest cost for the project.

The proposed PSA with Arcadis is for a total not-to-exceed cost of $1,196,892.

RECOMMENDATION
Authorize the City Manager, or his designee, to enter into a PSA with Arcadis U.S., Inc. for engineering services in developing a comprehensive Water Master Plan, in the not- to-exceed amount of $1,196,892.

ANALYSIS
Water Supply
Two-thirds of Glendale’s water supply is imported from external watersheds in other parts of the state and/or the country. This consists of supplies from the Colorado River through the Metropolitan Water District of Southern California’s (MWD) Colorado River Aqueduct. This also includes supplies from the Northern Sierras in Northern California through the California Aqueduct or State Water Project (SWP). The SWP system is owned and operated by the California Department of Water Resources (DWR). 156 of 244

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Glendale can receive water supplies from these entities through its relationship with MWD. Glendale is an original founding member and one of the 26 member agencies of MWD.

Colorado River Supplies:

The Colorado River Basin encompasses seven states and northern Mexico and supports over 20 federally recognized tribes. The river provides municipal and industrial water for over 40 million people across major Southwestern Metropolitan areas including Los Angeles, San Diego, Las Vegas, Phoenix, and Denver.

The Colorado River Basin is facing an unprecedented water crisis due to prolonged drought, climate change and overallocation of its resources, which has necessitated action to address the impending water scarcity. Some actions that have been taken to address this issue includes:

Reduced Basin Allocations: In May of 2023, the three states of California, Nevada, and Arizona reached an agreement to cut their water Basin Allocations from the Colorado River by at least three million acre-feet through 2026. These primary objective for these reductions were to manage water levels in Lake Mead. Lake mead is one of the critical lakes within the Colorado River Basin. The Bureau of Reclamation (BOR) governs the Colorado River resources and is responsible for establishing new operating guidelines to manage the forecasted shortages by December 2025. The new guidelines are scheduled to go into effect after 2026.

State Water Project Supplies:

The State Water Project (SWP) provides a critical water supply lifeline to the Southern California region and spans over 705 miles throughout the state, originating from the Northern Sierras. This water system of existing storage and conveyance delivers clean water to approximately 27 million Californians including the City of Glendale.

The impacts of climate change continue to impact the reliability of the SWP. Projections by DWR anticipate a continual decline in SWP supplies over time. Due to climate change, more rainfall in short periods of time, less snowpack, and earlier runoff are expected in the Northern Sierra, reflecting a systemic shift from historical hydrologic patterns.

In August 2024, DWR released the biennial SWP Delivery Capability Report. This report represents a step forward in quantifying the risks to the SWP delivery capability by incorporating a range of climate change impacts. According to the report, SWP delivery capability and reliability could be reduced by as much as 23% in the next 20 years under the assumption change in temperature, and hydrologic conditions. These climate- change induced findings underscore the need for Glendale to address the impacts of climate change and upgrading infrastructure to manage associated risks. According to the Delivery Capability Report, current infrastructure will show a decrease in the State’s capability to deliver water in the coming years as rising temperatures bring more intense droughts, decreased snowpack, more extreme storms, and more precipitation falling as 157 of 244

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rain rather than snow. Changes in the timing of runoff and impacts from sea level rise are also expected to create challenges.

Increasing Glendale’s local water supply specifically through the expansion of recycled water will aid in reducing the reliance on imported supplies from the Colorado River and the Northern Sierras. This would diversify water supplies and ensure reliability, especially in a rapidly changing climate. In addition to this, it would support the City’s water supply in the event of an earthquake or other potential emergency disruptions to imported supplies.

Water Infrastructure
Water Pipeline System:

The City’s potable water distribution system consists of approximately 408 miles of pipelines ranging from four inches to 48 inches in diameter. About 40% of the system pipelines were installed prior to 1950, which translates to over 74 years old and 65% are cast-iron pipe which has an average useful life of 65 years. Cast-iron can become very brittle over time, increasing the likelihood of cracking due to temperature changes and seismic activities, which results in main breaks and leaks. GWP Water actively replaces old cast-iron pipe with new ductile-iron pipe through its capital pipeline management program.

Water Pump Stations:

The City's potable water distribution system contains 26 pump stations that move water between pressure zones. Most of the pump stations are more than 40 years old and are still operating with the original pumping and electrical equipment that are past their useful life. Through an ongoing pump station improvement program, GWP replaces the obsolete pumps and motors to significantly improve both the reliability of the pump station and the energy efficiency of the pumping unit. Dated electrical equipment is upgraded to current industry standard for the safety of City staff and greater efficiency.

Water Storage Facilities:

Water distribution systems rely on stored water to help equalize fluctuations between supply and demand. Currently, the City’s potable water system has 28 reservoirs and tanks which provide approximately 184 million gallons (MG) of storage capacity. Since the City's groundwater wells and imported water supplies originate at the lower elevations of its distribution system, reservoirs are configured to be replenished from lower pressure zones. This is achieved by using booster pump stations to convey water to the higher pressure zones. The City’s water tank and reservoir life spans range between 30 and 90 years. For the water quality and safety of the storage facilities, GWP routinely inspects the water reservoirs and tanks, perform tank rehabilitation, update safety features on water tanks, and repair any leaks in reservoirs to minimize water loss.
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To improve and maintain the City’s water infrastructure and facilities and to enhance the reliability of future water supply, GWP Water Division will be retaining professional services of a well-qualified consulting firm to perform detailed system-wide condition assessment as part of the WMP.

The WMP will provide GWP with comprehensive analyses of both the potable and recycled water systems. This includes the development and implementation of a new hydraulic model for the City’s recycled water distribution system, performing recycled water demand analysis, identify existing system’s deficiency, and exploring and strategy planning of new water reuse opportunities to maximize the City’s recycled water supply and use. The WMP consists of multiple analyses, including water demand analysis, water supply analysis, water quality analysis, and existing and future water system hydraulic analysis. The analyses results from the two master plans will be used to develop the Capital Improvement Program (CIP) and the Pipeline Replacement Program (PRP), provide recommendations of improvements and expansions to the existing water systems, and establish project priorities for funding the CIP and PRP.

GWP will utilize the two master plans as a guiding tool for long-term water supply investments to ensure water supply reliability for the City.

After the completion of the WMP, the project consultant will continue providing engineering support to GWP throughout the Water Cost-of-Service Analysis and new water rate structure development process and make appropriate adjustments to the CIP and PRP schedule based on the funding from the new water rate structure.

One of the critical components of the WMP development is public outreach and engagement to help the Glendale community understand and recognize the goals and importance of the proposed water system capital improvements and water reuse effort and projects.

On July 29, 2024, GWP Water staff issued an RFP for the comprehensive infrastructure condition assessment, development of the WMP, and providing technical support during the Water Cost-of-Service Analysis Study. The RFP was posted on the public bidding platform - BidNet Direct. GWP Water staff conducted a pre-proposal meeting on August 12, 2024, and nine consulting firms participated.

On September 6, 2024, the due date for proposal submissions, proposals were submitted by two engineering firms as outlined below:

Firm Location Amount
Arcadis U.S., Inc. Los Angeles, CA $1,196,892
CDM Smith, Inc. Irvine, CA $1,978,216
The proposals were evaluated and ranked by a three-member review panel composed of staff from the GWP Administration and Water Engineering Sections. Evaluation criteria included completeness of proposal; firm experience and professional qualifications; project team experience; technical approach and methodology; cost, and results from a presentation/interview. It was determined that the two proposals ranked 159 of 244

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sufficiently close to warrant being invited to make an oral presentation and respond to questions from a seven-member interview panel composed of staff from the GWP Administration, Engineering, and Operations Sections. After conducting the interviews on October 3, 2024, the panel completed the consultant ranking process and concluded that Arcadis U.S., Inc. had the best approach to the assessment and provided the best overall value to the City. A summary of the complete evaluation is shown below:

Criteria Max Pts Arcadis CDM
Smith
Completeness of Proposal 5.0 4.8 5.0
Professional Qualifications and Experience of
Firm 25.0 23.3 23.3
Project Team Experience 25.0 20.8 22.9
Technical Approach and Methodology 25.0 22.5 21.7
Cost 20.0 19.3 12.7
Total Score 100.0 90.8 85.6
As such, GWP respectfully recommends that the City Council authorize the City Manager, or his designee, to enter into a PSA with Arcadis U.S., Inc. for engineering services in developing a comprehensive Water Master Plan., in the not-to-exceed amount of $1,196,892.

STAKEHOLDERS/OUTREACH
Not applicable.

FISCAL IMPACT
The 2024 Water Master Plan development will cost $1,196,892, which was approved as a part of the FY 2024-25 budget. No new appropriation is being requested at this time.

The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$1,316,582 43110-5920-GWP-4700 Water Works Revenue
Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is not a project for the purposes of the California Environmental Quality Act (CEQA) and thus is not subject to CEQA review.

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. 160 of 244

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Arcadis U.S., Inc., is 100% owned by Arcadis North America, Inc., a Colorado Corporation, located at 630 Plaza Drive, Highlands Ranch, Colorado. Arcadis North America, Inc.’s sole shareholder is Arcadis USA, B.V. whose principal office is located at Gustav Mahlerplein 97-103, 1082 MS, Amsterdam, The Netherlands. Arcadis USA, B.V. is a wholly owned subsidiary of Arcadis N.V. a publicly traded Netherlands company with its shares traded on the EuroNext exchange. Arcadis N.V.’s only shareholder holding more than ten percent (10%) interest is the Lovinklaan Foundation, a private Dutch foundation that manages the shares held by the employees of Arcadis.

Officers of: Arcadis U.S., Inc.

Full Name Title Business
Address
City State Zip
None
Ownership Interest in more than ten percent (10%) in Arcadis U.S., Inc.

Full Name Title Business
Address City Postal
Code Country
Lovinklaan
Foundation
Beaulieustraat 22 Arnhem 6814 DV Netherlands

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Choose not to award the PSA as recommended herein. This will result in delay of completing system-wide infrastructure condition assessment and the master planning of capital improvements and system expansions to ensure the reliability of future water supply.

Alternative 2: Consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Manuel Robledo, Interim General Manager - Glendale Water & Power Prepared by:

Chisom Obegolu, Assistant General Manager - Water
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Not applicable.
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the City Council hereby authorizes the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Arcadis U.S., Inc. for engineering services in developing a comprehensive Water System Master Plan and Recycled Water Master Plan., in the not-to-exceed amount of $1,196,892.00. The form of said PSA shall be subject to approval by the City Attorney.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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8b

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Professional Services Agreement with Raftelis Financial Consultants, Inc. to Conduct a Cost-of-Service Analysis (COSA) and Rate Study for the Water Division of City of Glendale Water & Power (GWP).

1. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement with Raftelis Financial Consultants, Inc. to conduct a Cost-of-Service Analysis and Rate Study for the Water Division of GWP, in the not-to-exceed amount of $235,006.

COUNCIL ACTION
Item Type: Consent
Approved for December 3, 2024 calendar

EXECUTIVE SUMMARY
Glendale Water & Power (GWP), through a Request for Proposal (RFP) process, invited qualified consulting firms to conduct Cost-of-Service Analysis (COSA) and Rate Study for the City’s water utility. Proposals were received from five qualified consulting firms.

The proposals were evaluated based on responsiveness, firm experience and technical abilities, project team experience, design approach, cost and results from a presentation and oral interview. Based on the evaluation, Raftelis Financial Consultants, Inc. (Raftelis) was selected with the highest scoring.

The proposed PSA with Raftelis is for a total not-to-exceed cost of $235,006.

RECOMMENDATION
Authorize the City Manager to enter into a PSA with Raftelis for professional services in conducting a COSA and Rate Study for the City’s water utility, in the not-to-exceed amount of $235,006.

ANALYSIS
In 2016 the City retained the services of Raftelis to conduct the COSA and Rate Study for the water utility. The analysis was successfully completed in May 2018 and the new five-year water rate schedule was adopted by City Council on June 12, 2018. The last water rate adjustment was implemented on July 1, 2022 for the Fiscal Year 2022-2023. 163 of 244

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The increase in energy prices and material price spikes due to supply-chain issue during COVID and post-pandemic era has created a financial imbalance for the funds. In addition to this, the existing water distribution system continues to age. The decades-old water pipelines and outdated pumping and electrical equipment jeopardize the reliability of the water system. It is critical that GWP continues to invest into its aging water infrastructure to prevent catastrophic failures and service disruptions. To maintain a high-quality and reliable service to its customers and meet the financial obligations and requirements, GWP Water will be conducting a COSA to review and update the financial outlook for the water utility along with proposed rate corrections.

The COSA will identify all the costs required to operate the water system, including the Capital Improvement Projects (CIP) developed under the Water Master Plan. The analysis results will be used to design the new water rate structure to ensure the costs of providing quality water services and the essential infrastructure improvements are fully recovered equitably from customers.

The scope of the COSA includes water rate structure analysis; development of new water rate structure and regulations; connection fee study; updating the water master plan and CIP schedule; Proposition 218 compliance, and extensive effort in public outreach and engagement to help the Glendale community understand and stay involved throughout the rate structure development process.

On July 29, 2024, staff issued an RFP for the Water COSA. The RFP was posted on the public bidding platform - BidNet Direct. S conducted a pre-proposal meeting on August 19, 2024, and two consulting firms participated.

On September 6, 2024, proposals were submitted by five consulting firms as outlined below:

Firm Location Amount
NBS Temecula, CA $180,480
NewGen Strategies Annapolis, MD $198,660
Raftelis Los Angeles, CA $235,006
Black & Veatch Los Angeles, CA $425,046
RDN Santa Barbara, CA $450,540
The proposals were evaluated and ranked by a three-member review panel composed of staff from the GWP Administration and Water Engineering Divisions. Evaluation criteria included completeness of proposal, firm experience and professional qualifications, project team experience, technical approach and methodology, cost, and results from a presentation/interview. It was determined that two proposals ranked outstanding to warrant being invited to make an oral presentation and respond to questions from the four-member interview panel composed of staff from the GWP Administration, Finance, and Water Engineering Divisions. After conducting the interviews, the panel completed the ranking process and concluded that Raftelis had the best approach to the COSA and provided the best overall value to the City. 164 of 244

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A summary of the complete evaluation is shown below:

Criteria Max
Pts
Black &
Veatch
NBS NewGen
Strategies
Raftelis RDN
Completeness of
Proposal 5.0 5.0 4.3 4.2 4.8 4.8
Professional
Qualifications and
Experience of Firm

25.0 24.2 19.2 20.0 25.0 21.7
Project Team
Experience 25.0 24.2 19.2 20.0 23.3 21.7
Technical Approach and
Methodology 25.0 23.3 15.8 19.2 20.7 20.0
Cost 20.0 10.7 20.0 18.0 18.0 9.3
Total Score 100.0 87.3 78.5 81.3 91.8 77.5
Raftelis is a California firm with a local office in Los Angeles and has extensive experience in utility financial services and rate consulting across California. Raftelis has performed these services for utilities for the past 30 years including a vast résumé of water agencies. Raftelis has conducted numerous COSA studies and is well versed in the requirements of Proposition 218. GWP staff feels very confident in the abilities of Raftelis to meet its needs and to prepare the high caliber of analysis that GWP is seeking in the COSA.

STAKEHOLDERS/OUTREACH
Not applicable.

FISCAL IMPACT
The 2024 Water Cost-of-Service Analysis will cost $235,006, which was approved as a part of the FY 2024-25 budget. No new appropriation is being requested at this time.

The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$235,006 43110-5920-GWP-4700 Water Works Revenue
Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is not a project for the purposes of the California Environmental Quality Act (CEQA) and thus is not subject to CEQA review.
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CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the attached Exhibit A lists 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.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Choose not to award the PSA as recommended herein. This will result in delay of the completion of the COSA and the development of the new water rate structure to meet the financial requirements for funding current and future operation and infrastructure maintenance and improvements.

Alternative 2: Consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Manuel Robledo, Interim General Manager - Glendale Water & Power Prepared by:

Chisom Obegolu, Assistant General Manager - Water
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Exhibit A: Campaign Finance Disclosure form for Raftelis Financial Consultants, Inc. 166 of 244

M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the City Council hereby authorizes the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Raftelis Financial Consultants, Inc. to conduct a Cost of Service Analysis and Rate Study for Glendale Water & Power’s Water Division, in the not-to-exceed amount of $235,006. The form of said PSA shall be subject to approval by the City Attorney.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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8c

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Wireless Telecommunications Facility Lease Agreement between the City of Glendale and New Cingular Wireless PCS, LLS with address of 1880 Loma Vista Drive.

1.Introduction of an Ordinance authorizing the City Manager, or his designee, to enter into and execute a Lease Agreement with New Cingular Wireless PCS, LLS for the installation of a wireless telecommunication facility at City-owned property located with address of 1880 Loma Vista Drive, Glendale, CA 91208.

COUNCIL ACTION
Item Type: Ordinance
Approved for December 3, 2024 calendar

EXECUTIVE SUMMARY
The City owns property located at 1880 Loma Vista Drive, Glendale, CA 91208 with an APN 5659-015-904 (Property). New Cingular Wireless PCS, LLS (New Cingular) has requested to lease a small portion of the Lease Property, which portion is about 1,144.7 square feet in size (Leased Premises), for the purposes of installing and maintaining wireless communication facilities. The project scope includes a 68-foot monopine with 12 attached antennas. The proposal also includes a 10-foot CMU enclosure and required equipment.

New Cingular has agreed to the proposed rent for the Leased Premises at four thousand six hundred dollars ($4,600) per month with compounded annual increases by 4%. The Lease Agreement will be for an initial term of ten (10) years with the option to renew for three (3) additional five-year terms, for a maximum total of 25 years. 171 of 244

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RECOMMENDATION
That the City Council’s consider and introduce an Ordinance authorizing the City Manager to enter into and execute the proposed Lease Agreement with New Cingular.

ANALYSIS
New Cingular has requested to lease approximately 1,144.7 square feet of the City’s Property at 1880 Loma Vista Drive for the purposes of installing and maintaining wireless communication facilities.

New Cingular proposes to construct a wireless telecommunication facility on the land directly north of Mayors Bicentennial Park, a small recreation area with a play set for children and paved walking paths with footbridges. The proposed facility is located approximately 33 feet past the fire road access gate along a dirt road at the northwest side of the park. The proposed facility includes a 68-foot tall monopole disguised as a Pine tree and ancillary equipment all located inside a fenced equipment enclosure. The monopine will be situated adjacent to two 50-foot tall Pine trees to allow the proposed facility to blend into the existing landscape. Surrounding the proposed facility are currently a mixture of natural California brush and grass that will benefit in concealing the proposed equipment enclosure.

Below is a comprehensive list of all equipment for the proposed wireless telecommunications facility:

Above-Ground Equipment:
•(1) 68' High Monopine
•(12) Panel Antennas
•(12) Remote Radio Units (RRU)
•(3) DC9 Surge Suppressors
•(1) DC50 Surge Suppressors
•(1) 6' x 6' Pre-fab steel W.I.C. (Walk In Cabinet)
•(1) AT&T Polar DC 20KV Generator w/ 54 gal Diesel Tank •(1) 20' x 30' x 10' CMU Enclosure
•(1) Ciena on new H-Frame
•(1) Telco Box on new H-Frame
•200A Meter Service Pedestal
•(2) New Trees
To the maximum extent reasonably feasible, the proposed wireless telecommunications facility has been designed to achieve compatibility with the community. The site is located in the SR (Special Recreation) Zone, which is intended for public and private open space and recreational uses and is intended to provide and protect open space, natural physical features and scenic resources. The proposal will not be detrimental to this use as it is distanced from recreational areas and is purposefully shielded to fit into the natural landscape.
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Planning Review:

On April 5, 2023, the proposed wireless telecommunications facility, Case Number PWTF2210696, was presented to the Planning Commission for consideration and the Planning Commission approved the proposed wireless telecommunications facility.

Surplus Land Act:

The Department of Housing and Community Development (“HCD”) Guidelines and the Surplus Land Act (“SLA”) control the future sale of certain government owned property.

The SLA allows for exemption status in specific instances, and in some instances deems the proposed disposition of government owned property excluded from the application of the SLA.

The City is a local agency within the meaning of California Government Code Section 54221, subsection (a)(1) for the purposes of the Surplus Land Act. Government Code Section 54221, subsection (c)(2) defines the City’s use of land to include land that is being used for “agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants.” (Emphasis added). Glendale Municipal Code, Section 16.40.310 defines “public utilities” to include “all electrical facilities and telephone and telegraph service installation, community antenna television cables and gas mains and water facilities.”
The proposed lease of a portion of the City’s property as described in this Report is not subject to the SLA since the proposed lease is for the purposes of installing wireless telecommunications facilities for public utilities purposes which would also support the City’s use of the public utilities, in this case the proposed wireless telecommunications facilities, including emergency telecommunications.

Lease Terms Summary:

Staff has worked very closely with the City Attorney and Risk Management offices to ensure that the language in the proposed Lease Agreement is current with industry standards and is in the best interest of the City. The terms of the Lease Agreement have been finalized and are summarized below.

Some of the key provisions in the Lease Agreement include the following:
•Premises: The Lease Agreement is for areas approximately 33 feet from an access gate on along a dirt road at the northwest side of Mayors Bicentennial Park comprising approximately 1,144.7 square feet in size as depicted in Exhibit 1 along with a foot-wide nonexclusive strip of land area for the purpose of installing and 173 of 244

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maintaining all necessary underground cables and utilities from the Equipment Area to the nearest appropriate utility provider;
•Term: 25 years, maximum (initial 10-year term with option to renew for three 5- year terms);
•Rental Rate: $4,600 per month in rental income and shall be increased annually by 4%. The monthly rent will be compounded on the Monthly Rent amount from the previous year.
•Landlord’s Right to Removal or Relocation of facilities: the City retains rights to have New Cingular remove or relocate the wireless telecommunications facilities.
•Taxes: New Cingular agrees to be responsible for all excise, sales, consumer use, possessory interest, or other similar taxes required by law; •Utilities: New Cingular agrees to contract and pay for all services necessary to operate the facilities;
•Indemnification: New Cingular agrees to indemnify the City based on City requirements; and
•Insurance: New Cingular agrees to all standard City insurance requirements.

STAKEHOLDERS/OUTREACH
Prior to the Planning Commission’s consideration of New Cingular’s proposed installation of wireless telecommunications facilities, at the Planning Commission Hearing which was held on April 5, 2023, a sign was posted at the site for a minimum of 10 days prior to the April 5, 2023 hearing. Additionally, notices were sent to residents and neighboring properties within 500 feet of the site location to inform them of the upcoming Planning Commission hearing date/time for the consideration of the proposed project. The Planning Commission considered public comments which were presented during the hearing or submitted directly to the assigned Planner, prior to rendering a decision.

FISCAL IMPACT
New Cingular Wireless PCS, LLS has agreed to pay the cost of all improvements including the cellular antenna and associated equipment. The Lease Agreement will generate revenues for CSP in the General Fund.
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The Lease Agreement with New Cingular will generate four thousand six hundred dollars ($4,600) per month in revenue, which will be increased annually by 4%. The monthly rent increase will be compounded on the rent amount from the previous year.

The revenue will be deposited in the following account: 39011-1010-CSP-3008-P5150

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The project is exempt from environmental review as a Class 3 “New Construction or Conversion of Small Structures” per CEQA Guidelines Section 15303.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: City Council may not introduce the ordinance for the approval of the proposed Lease Agreement with New Cingular Wireless PCS, LLS.

Alternative 2: City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Onnig Bulanikian, Director of Community Services & Parks Prepared by:

Amirah Limayo, Senior Administrative Analyst
Tereza Aleksanian, Assistant Director of Community Services & Parks Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Exhibit 1: Site Plan
Exhibit 2: Planning Commission Motion Dated April 5, 2023 approving the proposed wireless telecommunications facilities.
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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA, AUTHORIZING THE EXECUTION OF THE WIRELESS

COMMUNICATIONS FACILITY LEASE AGREEMENT BETWEEN THE CITY OF

GLENDALE AND LOS ANGELES AND NEW CINGULRA WIRELESS PCS, LLS AT 1880 LOMA VISTA DRIVE
WHEREAS, the City owns property located at 1880 Loma Vista Drive, Glendale, California 91208, with an APN 5659-015-904 (hereinafter “Property”); and WHEREAS, New Cingular Wireless PCS, LLS (New Cingular) has requested to lease a small portion of the Lease Property, which portion is about 1,144.7 square feet in size (Leased Premises), as space to install and maintain wireless communications facilities as described in the Report Dated December 3, 2024 by the Director of Community Services & Parks; and
WHEREAS, the terms for the Leased Premises include New Cingular paying rent at four thousand six hundred dollars ($4,600) per month with compounded annual increases by 4%, an initial term of ten (10) years with the option to renew for three (3) additional five-year terms, for a maximum total of 25 years; and WHEREAS, the Property is currently being utilized by the Community Services & Parks Department (hereinafter “Parks”) an open space for recreational uses; and WHEREAS, the proposed use of the Leased Premises will not be detrimental to the City’s current use of the Property as it is distanced from recreational areas and is purposefully shielded to fit into the natural landscape.

WHEREAS, on April 5, 2023, the Planning Commission approved New Cingular’s proposed wireless telecommunications facilities at the subject location; and WHEREAS, the herein proposed lease is categorically exempt pursuant to California Environmental Quality Act (hereinafter “CEQA”) Guidelines 14 CCR Sections 15303 since it is new construction of public utility facilities; and WHEREAS, the herein proposed lease is not subject to the Surplus Land Act since the proposed lease is for the purposes of installing wireless telecommunications facilities for public utilities purposes which would also support the City’s use of the public utilities, in this case the proposed wireless telecommunications facilities, including emergency telecommunications, pursuant to Government Code Section 54221(c)(2).

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1. That the City Manager or his designee, is authorized to enter into the Wireless Communications Lease Agreement Between The City Of Glendale and New Cingular Wireless PCS, LLS (“Lease Agreement”) for the for the lease of an approximately 1,444.7 square feet area of the property located at 1880 Loma Vista Drive, Glendale, for the installation of a wireless telecommunications facilities, for a term of ten (10) years, with the option to renew for three (3) additional five-year terms with 176 of 244

mutual consent, for a total term of twenty five (25) years, as described in the Report Dated December 3, 2024 by the Director of Community Services & Parks.

SECTION 2. That the City Manager or his designee, is authorized to renew the subject Lease Agreement for up to three (3) additional five-year terms, or approve an assignment of the lease and Lease Agreement during its term, and provide consent thereafter for the continued month-to-month tenancy.

Adopted by the Council of the City of Glendale on this ___ day of _________, 2024. ________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
STATE OF CALIFORNIA ) SS.

COUNTY OF LOS ANGELES )
I, Suzie Abajian PhD, City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance 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 ______________________, 2024, and that the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________
City Clerk
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1880 LOMA VISTA DRIVE
WIRELESS TELECOMMUNICATIONS FACILITY CASE PWTF2210696

5 MOTION

Moved by Planning Commissioner Chraghchian, seconded by Planning Commissioner Member Shahbazian, that upon review and consideration of all materials and exhibits of current record relative to Wireless Telecommunications Facility Case No. PWTF2210696, located at 1880 Loma Vista Drive, and after having conducted a public hearing on said matter, that the Planning Commission hereby APPROVES Wireless Telecommunications Facility PWTF2210696 in accord with the findings and conditions set forth below:

1. To the maximum extent reasonably feasible, the proposed wireless telecommunications facility has been designed to achieve compatibility with the community. The site is located in the SR (Special Recreation) Zone, a zone for public and private open space and recreational uses that is intended to provide and protect open space, natural physical features and scenic resources. The facility is compatible with this zone and the community because the wireless telecommunications facility will be a stealth tower designed to look like a Pine tree and will blend into the existing landscape of the project site. The faux leaves and branches of the facility will cover the antennas, surge suppressors, and remote radio units to minimize visibility from the street. Further, the facility has been designed to be as minimally intrusive as possible and will not require the removal of any existing structures. The proposed facility is located 466 feet away from the nearest residential property line and will not impose any hazardous radios frequencies to the residents within proximity of the project site. According to the Radio Frequency Theoretical Modeling Jurisdictional Report prepared by Fox Hill Telecom, the Monopine facility does not exceed the FCC’s General Public and Occupational limits and areas reported as concerns on or near the project site were determined to be nonhazardous due to the radio frequencies being emitted towards open space and not towards existing buildings or dwelling units. The proposed equipment cabinets and GPS antennas located at the center of the top of the building will be enclosed by a 10-foot-tall screen enclosure. The proposed facility has been designed to be compatible with the surrounding community and the subject location was selected to fill a gap in coverage, provide better quality service, and meet existing demand in the area; therefore, it is compatible with the service needs of the community.

2. Alternative configurations will not increase community compatibility or are not reasonably feasible. The proposed location of the wireless facility is at an optimal location on the existing lot so that it can provide quality service and fill a gap in coverage within the area. The carrier has identified the proposed

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WIRELESS TELECOMMUNICATIONS FACILITY CASE PWTF2210696

6 configuration as the most effective, since the antennas and associated equipment will be installed at locations where it maximizes space, and it does not reduce parking capacity. The wireless facility will be camouflaged as a Pine tree and the equipment will have a screen enclosure. Therefore, the current configuration maximizes compatibility and reconfiguring it will not increase community compatibility.

3. Alternative locations on the site will not increase community compatibility or are not reasonably feasible. The proposed location of the wireless facility will provide the community with quality service and fill a gap in coverage.

Relocating the wireless facility and the equipment will not result in the proposed structures being any less visible.

4. The location of the wireless telecommunications facility on alternative sites will not increase community compatibility or is not reasonably feasible. The wireless carrier has a network of facilities, each facility designed to cover a particular area, which together provide full coverage to the community; therefore, potential alternative sites are limited to a finite area and will not fulfill the gap in coverage. Given the scope of the project, which is to construct a new facility, identifying an alternative site and going through the subsequent extensive FCC regulatory compliance and review process would not be reasonably feasible. Further, locating the facility on an alternative site will not increase community compatibility because the current site is suitably located in an area where frequencies can be emitted towards open space and within a safe distance from the adjacent residential zone.

5. The facility is necessary to close a significant gap in coverage. The coverage area reaches northeast along the Golden State Freeway and southwest towards the Ventura Freeway, roughly centered on the subject site and irregularly shaped. There is a significant gap in indoor coverage within this area, impacting residents, businesses, and commuters. Furthermore, the existing AT&T wireless telecommunications facilities in the area have reached capacity due to heavy data and call volume during peak hours for customers living and commuting in the area. The modifications to the existing wireless facility will improve overall service in the area for both phone and data use.

6. The applicant has submitted a statement of its willingness to allow other carriers to co- locate on the proposed wireless telecommunications facility wherever technically and economically feasible and where co-location would not harm community compatibility.

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WIRELESS TELECOMMUNICATIONS FACILITY CASE PWTF2210696

7 7. Noise generated by equipment will not be unnecessary, excessive, annoying nor be detrimental to the public health, safety, and welfare. The wireless facility will not emit any noise and the associated equipment will be enclosed to mitigate noise exposure. However, the generators will be enclosed to reduce sound travel which will not affect nearby residential dwellings nor adjacent properties since the adjacent property is Interstate-2.

8. To staff’s knowledge, the facility complies with all of the requirements of state and federal laws, regulations and orders. The applicant has provided an engineering certification demonstrating planned compliance with all existing federal radio frequency emission standards and has provided further documentation to the City’s ITS Department demonstrating compliance with Federal Communications Commission (FCC) rules and regulations. The ITS department did not provide any comments on the facility FCC licenses.

CONDITIONS
1) That the applicant shall plant two 24”-box Pine trees adjacent to the new Monopine to the satisfaction of the Director of Community Development. 2) That the development shall be in substantial accord with the plans submitted with the application except for any modifications as may be required to meet specific Code standards or other conditions stipulated herein to the satisfaction of the Director of Community Development.

3) That all necessary permits (i.e., building, fire, engineering, etc.) shall be obtained from the Building and Safety Division and all construction shall be in compliance with the Glendale Building Code and all other applicable regulations. 4) That all licenses, permits as required or approvals from Federal, State, County or City authorities, including the City Clerk, shall be obtained and kept current at all times.
5) That the premises shall be made available and accessible to any authorized City personnel (e.g., Building, Fire, Police, Planning and Neighborhood Services, etc.) for inspection to ascertain that all conditions of approval are in compliance. 6) That all non-functional or obsolete equipment shall be removed f rom the site. 7) That any modification to these plans must be approved by the Planning Division staff prior to the changes on the working drawings or in the field.

Changes considered substantial by Planning staff must be returned for review by the Planning Commission. The determination of whether or not a change is substantial shall be made by the Director of Community Development. 226 of 244

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WIRELESS TELECOMMUNICATIONS FACILITY CASE PWTF2210696

8 8) That any transmissions shall not produce noise or other disturbances, which would interfere with normal activities in the area. The opinion of the Director of Community Development shall determine or settle disputes concerning this condition.
9) That any equipment service lighting shall be directed into the work area and shielded away from adjacent properties.
10) That the project shall comply with any conditions specified in the Radio Frequency- Electromagnetic Energy Compliance Report in order to bring the site into compliance with FCC rules and regulations, including the installation of signs.
11) That the premises be maintained in a clean and orderly condition, free of weeds, trash and graffiti.
12) That the authorization granted herein shall be valid for a period of 10 years until APRIL 5, 2033, until at which time, a reapplication must be made prior to the expiration date.

VOTE
Ayes: Chraghchian, Shahbazian, Fuentes
Noes: None
Abstain: None.

Absent: Lee, Minassian
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Report on Rules for the Conduct of Council Meetings: Options for Oral Communications and Public Comment on Agenda Items; Matters Related to the Order of Business for Council Agendas; Rules Governing Council Deliberation and Debate; Discussion of Policy for Removing Items from Agenda after Publication; and Rules Governing Decorum and Removing Disruptive Individuals from Council Meetings

1. Motion Providing Direction to Staff

COUNCIL ACTION
Item Type: Action Item
Approved for December 3, 2024 calendar

EXECUTIVE SUMMARY
The City Council requested a report on public comment on agenda items and non- agenda items during regular meetings, including how other jurisdictions implement and manage public comment. This Report and Exhibit 1 provides a summary of 18 other jurisdictions’ policies. The Council also requested a report on rules of decorum and procedure for removing disruptive individuals from Council meetings. Staff seeks Council direction regarding:
•Whether to make changes to the Council procedures for public comment on agenda items and non-agenda items at regular meetings, including the number of comment periods, individual speaking time, total speaking time, ceding of time from one speaker to the next, and deadline for submission of speaker cards or calling in;
•Whether to establish rules regarding Council debate and deliberation including whether to implement time limits for individual councilmember comments; •A cut-off time upon which no further items on the agenda will be taken up, unless the Council takes an affirmative vote to proceed;
•Removal of the “Agenda Preview” item on the agenda;
•Establishing a procedure for removal of items from the agenda after its publication;
•Modification of the procedure for Councilmember Future Agenda Requests to streamline the discussion during the meetings;
•Consideration regarding the wide angle of cameras during public comments; 228 of 244

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•Establishing formal rules of decorum for members of the public; and •Establishing a formal procedure for terminating a speaker’s time and/or removing individuals from Council Chambers for disruptive conduct 229 of 244

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RECOMMENDATION
That the Council provide direction on the matters addressed in this Report.

ANALYSIS
Oral Communications and Public Comment

1. Brown Act Requirements
The Ralph M. Brown Act Open Meetings Law (“Brown Act”)1 incorporates public comment as a critical component of meetings of legislative bodies for local government. With respect to public comment, it provides:
“Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body . . . .”2 Thus, there are two specific requirements related to public comment during regular meetings of legislative bodies:
•First, every regular meeting agenda must allow members of the public to speak on any item of interest within the subject matter jurisdiction of the legislative body; and •Second, the public must be allowed to speak on a specific item of business before or during the legislative body’s consideration of the item.

For the Glendale City Council, these rules are implemented by permitting members of the public to speak on matters as the item is called on the agenda (typically after presentation of a report), whether the item is a closed session item, consent calendar item, action item, public hearing item or any other item. For public comment on matters not on the agenda, but within the Council’s subject matter jurisdiction, the public speaks under the “Oral Communications” section of the agenda. With respect to Oral Communications, the Council may question or briefly respond to the speaker or refer the matter to staff, but there can be no discussion or decision.

Under the Glendale Municipal Code (“GMC”), Oral Communications is limited to five minutes per speaker, unless the Mayor waives the five minute limitation. 3 Oral Communications is currently near the end of the agenda. The Mayor currently permits speakers who want to speak on non-agenda items to do so under “Community event announcements” subject to the three-minute limit and provided that the speaker cannot then also speak under the Oral Communications item later on the agenda. There is also a limit of five speaker cards for Community event announcements, inclusive of the oral 1 Gov’t Code § 54950 et seq.
2 Government Code §54954.3(a)
3 GMC § 2.04.090
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communications speakers.

The Council requested a report on approaches taken by other cities in terms of taking public input on agenda items and non-agenda items, as well as time limits imposed. The Brown Act permits legislative bodies to “adopt reasonable regulations to insure the intent” of the Brown Act’s public comment requirement “is carried out, including but not limited to, regulations limiting the total amount of time allocated for testimony on particular issues and for each individual speaker.”4 Such regulations must be enforced fairly and without regard to speakers’ viewpoints. The legislative body has discretion to modify its regulations regarding time limits on public comment if necessary. For example, the time limit can be shortened at the discretion of the chair to accommodate a lengthy agenda.

2. Review of Other Jurisdictions
Staff conducted a review of 18 other jurisdictions – 15 cities, two counties (Los Angeles and San Diego), and Glendale Unified School District. (See Exhibit 1). A variety of options are employed to implement and manage public participation by:
•Limiting speaking times allotted per individual. On average, jurisdictions limit speaking time on agenda and non-agenda items to 2-3 minutes per speaker; •Utilizing a sliding scale to determine speaker time limits based on number of speakers for each comment period;
•Limiting the total overall length of public comment periods; •Allowing a set amount of time for non-agenda items, e.g. 30 minutes total for discussion of non-agenda items at the beginning of the meeting or prior to discussion/action on business items;
•Reducing the total number of overall periods of public comment; •Establishing a formal process and limitation regarding the ceding time from one speaker to another (including requiring the person ceding time and the person obtaining the time to both be in Chambers); and
•Establishing deadlines for the submission of speaker cards (e.g., no additional comment cards accepted once the specified agenda item has begun or after the start of the meeting).

Staff seeks Council input and direction on whether it desires to make any changes regarding public comment and oral communications. If Council provides direction on a change in the policy, staff recommends implementing such changes via procedural rules that can be adopted in lieu of current provisions in the GMC pertaining to order of business 4 Gov’t Code §54954.3(b).
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(§2.04.080), the right to address the Council (§2.04.090), ejection (§2.04.120) and other provisions regarding Council meetings. This would require an amendment to the GMC as well.

Other Agenda and Meeting Management Issues
Rules Pertaining to Council Debate and Deliberation
At the Council Governance Workshop on August 29, 2024, councilmembers expressed support for a limit on councilmember speaking time during deliberation on items. In reviewing the procedural rules of other legislative bodies, staff notes some cities have implemented rules on Council deliberations including rules:
•Prohibiting a councilmember from interrupting a councilmember who has the floor;
•Allowing each councilmember to speak once before a councilmember is given a second opportunity to speak;
•Providing that members shall “confine their remarks to the question under debate and shall avoid personalities” and other rules regarding decorum during debate and deliberation; and
•Providing time limits for each member to speak (for example five minutes for initial comments on an item, and three minutes for second round comments and beyond).

Rules of debate are governed by Roberts Rules of Order, unless the Council has adopted a contrary or supplemental rule. If Council desires to implement rules pertaining to deliberation and debate as outlined above, it should provide further direction.

Time Limit on Council Meetings
In addition to limits and rules on deliberation and public comment, some cities (Burbank, Santa Monica) have a cutoff time after which no further agenda items will be taken up unless the Council votes to proceed. Burbank and Santa Monica both have an 11 p.m. cutoff, with Santa Monica requiring a 2/3 vote to proceed beyond the cutoff and Burbank requiring three affirmative votes to do so. In Burbank, the Council is required to confer with the City Manager prior to taking a vote as to the necessity of proceeding with any pressing matters.

The Council may want to consider a similar time limit for Glendale Council meetings. The Council conducts special meetings, Housing Authority meetings and closed session in the afternoons, sometimes as early as 1 p.m. Conducting business late into the night and sometimes into the early morning hours has the potential to affect the focus and concentration of councilmembers, staff and the public, as well as impact the ability of the 232 of 244

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public to fully participate in matters that go very late into the evening.

Agenda Preview
This portion of the agenda – usually provided by the Assistant City Manager – commenced in the 2000s to provide the public with advance notice of what will be on the next week’s agenda. Given that the City now publishes an advanced agenda forecast on its website, staff recommends removing this portion from the agenda.

Removal of Items from Agenda After Publication
The Council also inquired about the process to remove or continue a matter once the agenda has been published. City Council Resolution No. 23-50 provides that the “Mayor has discretion to control the timing of the placement on future agendas” subject to consultation with the City Manager and contrary direction by the Council. The policy is silent regarding the removal of an item from a published agenda. The past practice has been to require a Council motion or at least a Council consensus at the meeting to postpone or remove an item once the agenda has been published. Recently, items have been removed by the City Manager after consultation with the Mayor. Council should provide clarity on what policy it wants to implement and follow for removing /postponing an item that has been listed on a published agenda.

Policy on Discussion of Councilmember Future Agenda Requests In 2023, the Council instituted a new policy for agendizing staff report requests from councilmembers. Replacing the process requiring a second from a councilmember, the Council amended the GMC and adopted a resolution to require a majority vote to agendize a matter. The “Order of business” for Council agendas now includes “Discussion of Councilmember Future Agenda Requests.”
Since the adoption of this new policy, Council has inquired about revisiting or revising the policy due to the length of debate that has occurred from time to time to decide whether to agendize a matter. Staff seeks Council direction on the policy. One consideration that may be given is to give the councilmember making the request a specified amount of time, e.g. 2-3 minutes, to present the basis for the request and the other councilmembers a specified amount of time, e.g. 1-2 minutes, to discuss whether they agree or disagree with agendizing the matter.

Wide Angle of Cameras During Public Comment
At the August 29, 2024 Council Governance Session, the Council inquired into showing a wide angle of the Council dais during public comments on agenda and non-agenda items. The City Manager stated he would implement a wide angle as a pilot effort, pending the discussion of this item. Staff seeks Council direction whether to continue the wide angle for public comment, limit it to certain items, e.g. Oral Communication, or discontinue the wide angle. If Council decides to retain the wide angle, staff recommends that the City discontinue the practice for public hearings on quasi-judicial matters as speakers may show drawings, pictures, models etc. that should be captured as part of the record as the 233 of 244

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speaker is referring to them, even if the drawings, pictures, models etc. are subsequently made part of the record.

Rules for Decorum & Removal of Disruptive Individuals
The Mayor or presiding officer of a meeting may remove individuals or speakers who are disruptive or disturb a meeting. The authority to remove disruptive speakers or individuals is governed by state law (Brown Act) and case law interpreting the First Amendment of the United States Constitution, along with any adopted local rules or regulations that are consistent with both.

Brown Act Requirements - Rights to Address Legislative Body In connection with the right of the public to address the legislative body of a local agency during meetings, the Brown Act also provides that:
•The legislative body may adopt reasonable regulations to ensure that the intent of subdivision (a)[pertaining to public comment] is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.5 •The legislative body “shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.”6
Brown Act Requirements - Removal of Disruptive Individuals With respect to removal of disruptive individuals, the Brown Act provides:
“(a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting.
(2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b).
(b) As used in this section:
(1) ‘Disrupting’ means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders 5 Gov’t Code §54954.3(b).
6 Gov’t Code §54954.3(c).
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infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force.
(2) ‘True threat of force’ means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.”7 Thus, the presiding officer may only remove individuals that are actually disrupting, disturbing, impeding or rendering infeasible the orderly conduct of the meeting, and only after providing at least one warning. However, a warning is not required to remove an individual who uses force or a threat of force in a council meeting.

Brown Act - Clearing of Council Chambers
The Brown Act also permits the presiding officer to clear the meeting room or chambers in very limited circumstances:
“In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session.

Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.”8
This provision should be used only when a group or groups of individuals are willfully disturbing the meeting and, in the opinion of the presiding officer and the sergeant at arms, order cannot be restored except by clearing the room.

First Amendment Principles
The termination of speech or removal of individuals from Council meetings is also subject to the First Amendment, as interpreted by the courts. Indeed, Section 54957.95 of the Brown Act was an effort by the Legislature to codify the holding of one of the 7 Gov’t Section 54957.95
8 Gov’t Code §54957.5
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more recent decisions of the Ninth Circuit Court of Appeals addressing First Amendment issues in the context of a city council meeting.9 A meeting of a City Council or board or commission is considered a limited public forum under First Amendment principles, created for the discussion of certain subjects.10 Thus, local agencies have a legitimate public interest in conducting efficient, orderly meetings. In this regard, the courts have held that public agencies may:
•Stop a speaker from engaging in irrelevant speech (speech not on the topic of an agenda item or within the legislative body’s jurisdiction) or repetitious speech; •Impose speaking time limitations; and
•Implement requirements that speech be directed at the body or chair.

Similarly, the courts have held that a presiding officer may terminate the speech of a speaker or remove an individual who is disruptive. As the courts have explained, however, in order to remove a speaker for disruption, the conduct or behavior must actually disrupt, impede or render infeasible the orderly conduct of the meeting. “Actual disruptions means an actual disruption. It does not mean constructive disruption, technical disruption, virtual disruption, nunc pro tunc disruption, or imaginary disruption.”11 Whether a speaker may be shut down or individual removed for disruptive conduct depends on the actual impact of that conduct on the course of the meeting.

The following examples illuminate what conduct is and is not disruptive:

Disruptive Conduct
•Exceeding the time allotted to speak and not adhering to the presiding officer’s order to stop speaking.
•Speaking without first being recognized by the presiding officer (for instance, yelling out from the audience in a manner that disrupts the meeting). •Specific, credible threats to Council or members of the public. •Encouraging members of the audience to disrupt the meeting, which results in actual disruption.
•Speaking out of order or yelling to the extent that it hinders another member of the public from addressing the legislative body.

Conduct That Is Not Disruptive
•Technical violation of rules of decorum that do not actually disturb a meeting. 9 See Acosta v. City of Cost Mesa (2013) 718 F.3d 800.
10 City of Madison Joint School Dist. v. Wisconsin Employment Relations Comm’n, 429 U.S. 1267 (1976). 11 Norse v. City of Santa Cruz (2010) 629 F.3d 966, 967 (emphasis added.) 236 of 244

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•Speech that is deemed to be merely insolent or impertinent but which does not cause a disruption or constitute a threat of violence.12 •Speech or nonverbal conduct that goes largely unnoticed by legislative body and public and therefore doesn’t disrupt meeting.13
•Personal attacks against individual councilmembers, even if it appears off-topic, as this can be considered protected political speech.14 •Criticism of City Council policies, programs, procedures or services. 15 •Criticism of City officials or employees related to City business.

Further, although the Council may terminate speakers or remove individuals for disruptive behavior, enforcement must be on a “viewpoint neutral” basis. In other words, action against disruptive behavior must be applied evenly without regard to speaker or viewpoint expressed. Thus, for example, if the presiding officer intends to strictly enforce a rule regarding staying on topic it must do so for all speakers regardless of viewpoint.

Proposed Rules of Decorum and Procedure for Removing Disruptive Individuals Following the Brown Act requirements, case law, the City’s past practice and custom, and the rules imposed by other jurisdictions, it is recommended the Council adopt a formal procedure regarding what constitutes disruptive conduct as well as a procedure for effectuating removal of disruptive individuals. The following can be included in procedural rules as a basis for terminating a speaker’s time or ordering removal of an individual, after appropriate warnings:
•A prohibition on the utterance of threatening, abusive or loud language or sounds, whistling, clapping, booing, hissing, stamping of feet, repeated waiving of arms, presenting of signs that interfere with the participation of others in the audience, or other similar disruptive acts;
•A prohibition on any signs, placards, banners/flags, props or similar items larger than 8.5 x 11, illuminated, or attached to any pole, stick or other device; •A prohibition on all noisemakers;
12 See Acosta, supra, 800 F.3d at 816.
13 Norse, supra, 629 F.3d at 976
14 Dowd v. City of Los Angeles, 2013 WL 4039043 (U.S.D.C. – C.D. – Cal. 2013). 15 Gov’t Code §54953.3(c).
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•A requirement that members of the public shall only address the body from the audience microphone, unless authorized by the Mayor/Chair to speak from another location;
•A requirement that members of the public shall direct comments to the body as a whole or the presiding officer, and not to staff, individual members of the body, or the public and that no person shall be permitted to interrupt members of the body, staff presentations, or members of the public who are at the microphone during a meeting;
•Speakers must cease speaking immediately when their speaking time has ended;
•Public comment on agenda items must relate to the subject matter of that item; and
•Non-agenda Oral Communications are limited to the matters within the City Council's subject matter jurisdiction.

In accordance with the Brown Act and First Amendment jurisprudence, the Council can adopt a procedure for addressing disruptions:
•The Mayor or presiding officer will provide at least one warning to a speaker that is being disruptive. The presiding officer should explain the conduct that is disruptive, and what will be the consequence of failing to abide by the warning, e.g. that the speaker will be terminated from speaking or removed from Chambers.
•After providing at least one (1) verbal warning, if an individual continues to speak in violation of an order to cease speaking (e.g. is off-topic or has exceed the allotted time) or is otherwise disrupting the proceedings, the presiding officer may order the individual to be removed from chambers. Again, when providing the warning, the presiding officer should explain the conduct that is disruptive, and what will be the consequence of failing to abide by the warning, e.g. that the individual may be removed from the Council chambers. Before ordering the sergeant-at-arms to remove a disruptive individual, the presiding officer should give the disruptive individual the opportunity to leave chambers voluntarily. •Warnings will not be required for use of force or true threats of force. •The enforcement of rules – whether it be enforcing the requirement to stay on topic, to stop speaking when the allotted time is up, or removing individuals for disrupting the proceedings – must be neutrally applied and may not discriminate against viewpoint of the speaker/attendee.
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STAKEHOLDERS/OUTREACH
N/A.

FISCAL IMPACT
There is no fiscal impact associated with this report.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This activity involves organizational and administrative activities of the government related to election procedures and eligibility requirements, and such internal procedural and eligibility changes have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. As such, this action is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION

1. Council can choose not to provide direction regarding public comment, oral communication, rules of decorum and removal of disruptive members of the public.

2. Council can choose an alternative not identified by staff.

ADMINISTRATIVE ACTION
Submitted by:

Michael J. Garcia, City Attorney
Prepared by:

Michael J. Garcia, City Attorney
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS

1. Public Comment Period Survey
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M O T I O N
Moved by Council Member , seconded by Council
Member , that, with respect to the Report to City Council dated December 3, 2024 pertaining to public comment on agenda and non-agenda items, order of business for Council agendas, rules governing Council deliberation and debate; removing items from agendas after publication, rules governing decorum and disruptive individuals, and related agenda matters, the Council directs staff to pursue the options provided in the Report as follows:
•[Public comment on agenda items __________________________________________ _____________________________________________________________________]; •[Public comment on non- agenda items _____________________________________ _____________________________________________________________________]; •[Council debate and deliberation __________________________________________] •[Cut-off time__________________________________________________________]; •[Removal of agenda preview _____________________________________________]; •[Councilmember Future Agenda Requests _______________________________] •[Wide Angle _______________________________________________________] •[Rules of Decorum -__________________________________________________] •[Procedure for removal _______________________________________________] 240 of 244

Vote as follows:

Ayes:

Noes:

Absent:

Abstain
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City/County Survey - Public Comment/Oral Communications Periods City
Limit Per
Speaker
(Min) Requirements
Anaheim 3
Two public comment periods. First period is a total of 90 minutes or until all agenda comments are heard.

Non-agenda items are allowed after agenda items during the first 90-minute period of oral communications or at the end of the meeting
Burbank Varies
4 public comment periods: Closed Session, General Public Comment, Public Hearing Public Comment and Study Session Public Comment. General Public Comment precedes the consent calendar and the Reports to Council calendar (which is the Burbank equivalent of Glendale’s Action calendar). Speakers may speak on non-agenda items and/or agenda items during General Public Comment. Speakers also may separately speak on Reports to Council items (Action) after the oral staff report but before deliberation, provided they did not speak on the item during General Public Comment.

Speaking time on established on a sliding scale based on the number of speakers for each period:
1-20 Speakers – 3 minutes each
21-39 Speakers – 2 minutes each
40+ Speakers – 1 minute each
Culver City 3
Public comment for non-agenda items is limited to 20 minutes, but a continuation is added at the end of the agenda if needed. Comments on agenda items taken at time of presentation and registration is required. 3 minutes max time per speaker may be reduced at mayor’s discretion to reduced minutes to allow enough time to cover the business on the agenda. At Mayor’s discretion, there may be an allotted maximum time limit for speakers per agenda item (i.e. one hour) to allow City Council adequate time for deliberation.

Ceding of time: Persons who are present in the meeting may cede one minute of time to one other person per agenda item.

Garden
Grove 3
Council may limit public input based on number of people requesting to speak, length of the agenda, or business of the Council. Mayor may request one spokesperson for large groups to avoid unnecessary repetition.

Huntington
Beach 3
One public comment period at beginning of meeting, speaking time reduced depending on number of speakers. Public comment cards are accepted until the commencement of the comment period.

Inglewood 3
Two public comment periods, first on agenda items, last (end of meeting) on non-agenda items. Council members limited to 10 minutes each under Council Initiatives, 3 minutes each for closing remarks, and 5 minutes each for general debate on any agenda item. 242 of 244

Irvine 3 General public comment for non-agendized items, agenda item comment public comments continue at end of meeting.

City of Los
Angeles
Non-agenda items (“General Public Comment): 1 minute each (L.A. City Council meets 3 times per week).

Agenda items: One item: 1 minute.

Multiple Agenda Items: A member of the public speaking on more than one agenda item shall be allowed to speak for up to one minute per item up to a total of three minutes per meeting.

Los Angeles
County BOS 3 3 minutes per meeting on agenda items and 3 minutes per meeting on non-agenda items.

Pasadena 3
Comment periods: First - non-agenda items , limited to 20 minutes at the beginning of the meeting and continued thereafter to the end of meeting;. Second - consent calendar items. Third - multiple agenda items. Fourth - each agenda item.

Riverside 3
Multiple comment periods. Afternoon and evening sessions. Public comment on closed session, consent calendar as a whole, and agenda discussion items (action) and non-agenda items limited to three minutes.

Council reserves the right to determine the total amount for public comment and the amount for individual speakers.

San Diego
County
Board of
Supervisors Varies
(1) Matters Not on Consent Calendar up to two (2) minutes. If there are 10 or more speakers wishing to speak on an agenda item, the Chairperson may limit all individuals to speak for up to one (1) minute. (2) Consent calendar Each speaker is allowed two (2) minutes to comment on the entire Consent Calendar.
(3) Non-Agenda Public Communication: Twenty (20) minutes scheduled at the beginning of meeting for members of the public to address the Board, each speaker to be allowed no more than two minutes, on any subject matter within the jurisdiction of the Board and which is not an item on the agenda for that session. Each speaker must file with the Clerk a written Non-Agenda Public Communication Request to Speak form prior to the scheduled opening time of the session. In the event that more than ten (10) individuals request to address the Board (five individuals requesting to speak in person, five individuals requesting to speak remotely, the first ten (10) will be heard at the beginning of the meeting. The remaining speakers will be heard at the conclusion of the meeting and granted two (2) minutes each. The Chairperson shall have discretion to allow more than ten (10) individuals to speak at the beginning of the session. Each speaker must file with the Clerk a written Non-Agenda Public Communication Request to Speak form prior to the scheduled opening time of the meeting Santa Ana 3
General public comment at beginning of meeting includes agenda items and non-agenda items. Public comment cards are accepted until the commencement of the comment period.

Santa
Clarita 3
A public comment period is conducted for non-agenda items (30 -minute limit, 10 speakers), cards must be submitted before period begins. Remaining speakers after 30 minutes can be heard at end of meeting.

Additionally, public comments are taken prior to the start of each agenda item. 243 of 244

Santa
Monica 2 or 1
Remarks from the public are limited to a total of 6 minutes per Council meeting per individual with maximum two minutes and minimum one minute per public comment section.

Torrance 3
Two Oral Communications, speakers can only participate in #1 or #2. Oral Communications #2 is limited to 30 minutes, 3 minutes per speaker for non-Council Agenda items. Public can comment on agenda items before the item is discussed.

West
Hollywood 2
Public comments may address items on Consent Calendar (20 minutes, 2 min per speaker), all other comments will be heard at the time the item is considered during the meeting. A second public comment occurs at the end of the meeting for non-agenda items. Speakers can only speak once. 244 of 244

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