Glendale City Council
March 11, 2025

A G E N D A

GLENDALE CITY COUNCIL

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

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verse,

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webpage,
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viewing

anytime

at

glendaleca.gov/agendas
.

Call

(818)

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for

program

schedules.

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public

comments

and

questions

during

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meeting,

call

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937-8100.

Public

comments

on

a

specific

agenda

item

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taken

when

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agenda

item

is

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have

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question

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matters

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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

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provided

for

meetings

through

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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.

MARCH 11, 2025

REVISED
- ITEM 8B

ROLL CALL

1. CLOSED SESSION
– 1:00 PM ( To Commence at 4:00 PM)
a.

Conference with Legal Counsel – Existing Litigation: Najarian v. City of Glendale,

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L.A.S.C. Case No. 24STCP02101; Claim of Najarian, No. 25-0009 b.

Conference with Real Property Negotiators: City-designated negotiator: Bradley Calvert. Negotiating Party: Events at Eden. Property: 1401 N. Verdugo Road.

Instructions to the negotiator(s) will concern the price and terms of payment for the lease of City-owned property

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 March 11, 2025 Regular Meeting of the Glendale City Council was Posted on March 6, 2025, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, March 18, 2025 b.

Presentation by the Greater Los Angeles County Vector Control District c.

Nominations for Appointment (Najarian/Gharpetian, 03/04/25) •
Vivian Kanchian, Sustainability Commission (Seat 5 – Replacing Werner) (Najarian (A)/Gharpetian (B))

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 Joint CIty Council and Housing Authority Meeting of March 4, 2025
b.

Public Works, re:

The Babe Herman Restroom Renovation Project, Adopt
Specification

1. Resolution adopting the Specification for the Babe Herman Restroom Renovation Project, Specification No. 3978; and directing the City Clerk to advertise for bids c.

Public Works, re:

Subrecipient Agreement between the Center for Transportation and the Environment (CTE) and City of Glendale related to the California Air Resources Control Board (CARB) FY 2021-22 and FY 2022-23 Advanced Technology Demonstration and Pilot Projects for Glendale Municipal Green Zone Project

1. Motion authorizing the City Manager, or a designee, to enter into and execute all agreements, amendments, certifications, and documents necessary to implement the grant funding for services related to the Glendale Municipal Green Zone Project, subject to the approval by the City Attorney

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.

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7. ADOPTION OF ORDINANCES

8. ACTION ITEMS
a.

Management Services, re: Organizational Strategic Plan

1. Motion to Note and File Report
b.

Community Development, re:

Consideration of Development Standards and
Conditional Use Permit for Drive Through Restaurant Facilities

1. Provide Direction to Staff as it Pertains to Potential Development Standards or Conditional Use Permit Process for Drive Through Facilities c.

Public Works, re:

Preservation and Reuse of the Former Rockhaven Sanitarium Project, Adopt Plans and Specification

1. Resolution adopting Plans and Specification for the Preservation and Reuse of the Former Rockhaven Sanitarium Project, Specification No. 4004; and directing the City Clerk to advertise for bids

2. Motion authorizing a Professional Services Agreement (PSA) with Maestro Development LLC (Maestro) in the amount of $304,730 to provide construction management services for the Preservation and Reuse of the Former Rockhaven Sanitarium Project

9. HEARINGS
a.

Community Development, re: Appeal of Design Review Board's approval of DRB Case No. PDR 002532-2023 located at 1000 Sandringham Drive for the construction of a new 2-story, 5,067 square-foot (SF) single-family dwelling with an attached 3-car garage on a vacant 31,290 SF lot located in the R1R, FAR District III Zone (Continued from February 11, 2025)

1. Motion to sustain the Design Review Board’s decision of April 25, 2024, to approve the project with conditions

2. Motion to continue the matter, directing the City Attorney to draft findings reversing the Design Review Board’s decision and denying the project

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS

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
JOINT MEETING: GLENDALE CITY COUNCIL

AND GLENDALE HOUSING AUTHORITY

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
MARCH 4, 2025
The Joint City Council and Housing Authority Meeting of the Glendale City Council convened in the City Chambers, in said City, at 3:11 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:

February 28, 2025
Date
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. February 28, 2025 Glendale, CA Upon Vartan Gharpetian at 5:00 p.m. February 28, 2025 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. February 28, 2025 Glendale, CA Upon Ara Najarian at 5:00 p.m. February 28, 2025 Glendale, CA Upon Elen Asatryan at 5:00 p.m. February 28, 2025 Glendale, CA Mayor Pro Tem Najarian called the meeting to order at 3:11 p.m.

ROLL CALL
- Absent: Asatryan (walked back in at 3:20 p.m.)
- Report of the City Clerk of the City Council and Housing Authority, re: Posting of Agenda. The Agenda for the Tuesday, March 4, 2025, joint public meeting of the City Council and Housing Authority was posted on February 28, 2025, on the Bulletin Board outside City Hall.

A JOINT PUBLIC MEETING of the City Council and Housing Authority is hereby called to meet at 3:00 PM on Tuesday, March 4, 2025, 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: Approval to Appropriate $376,000 in Affordable Housing Funds in Support of Metro Loma Apartments, an Affordable Housing Project Located at 328 Mira Loma Avenue, Currently in Default and Under Threat of First Mortgage Foreclosure
Staff Comment:

Mike Fortney, Deputy Director of Community Development – Housing Public Comments:

Alex Balekian
Fernando Roldan
4A
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2 a. Council Motion Authorizing Release of Funds
Moved: Kassakhian Seconded: Brotman
Vote as Follows
b. Council Resolution 25-28 of Appropriation in the Amount of $376,000 Moved: Brotman Seconded: Gharpetian
Vote as Follows
a.

ADJOURNMENT – 3:39 p.m.
- City Council
Moved: Kassakhian Seconded: Brotman
- Housing Authority
Moved: Brotman Seconded: Gharpetian
Ayes:

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

City Clerk of the City of Glendale
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Mayor of the City of Glendale
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25-87469

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: The Babe Herman Restroom Renovation Project, Adopt Specification

1. Resolution adopting the Specification for the Babe Herman Restroom Renovation Project, Specification No. 3978; and directing the City Clerk to advertise for bids.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for March 11, 2025 calendar

EXECUTIVE SUMMARY
The project specification has been completed for the Babe Herman Restroom Renovation Project. This project aims to improve accessibility and enhance the overall user experience at the Babe Herman Little League Field. The project will ensure that the restrooms comply with Title 24 regulations and American with Disabilities (ADA) accessibility standards, making them more inclusive and user-friendly for individuals with disabilities. The intent of this item is for the City Council to adopt the project specification and authorize the City Clerk to advertise for bids.

RECOMMENDATION
Approve the Resolution to adopt the specification for the Babe Herman Restroom Renovation Project, Specification No. 3978; and direct the City Clerk to advertise for bids.

ANALYSIS
The Babe Herman Little League Field was built in 1953 across the street from Verdugo Park on Cañada Boulevard, on city property with funding and labor supplied by the Little League. In 1986, the Verdugo Little League Field was renamed for Floyd (Babe) Herman, who played high school baseball at Glendale Union High before embarking on a long professional baseball career beginning in 1921 that included multiple stints with the Dodgers. The objectives of the Babe Herman Restroom Renovation Project are to reconfigure and remodel the site to improve accessibility and renew interior and exterior finishes.

Project Scope
•Replacement of concrete floor for the plumbing reconfiguration; 8 of 233

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• Installation of new toilet stalls with accessibility-compliant partitions and grab bars; • Installation of updating lighting to meet current standards; • Replacement of restroom fixtures with new stainless-steel fixtures; • Installation of new isolation valves for the plumbing system; • Installation of a new drinking fountain and dog fountain outside the building; • Installation of new ceramic tile on the floors and walls; • Refurbishment and new paint for the entry doors and building; and • Installation of an accessible parking space, ramp, and walkway outside the building.

On July 3, 2023, city entered into a Professional Services Agreement (PSA) with Infrastructure Architects Inc. to prepare design and construction documents and provide construction admin services for the project.

To ensure competitive bids, the city will advertise the bid on the website as well as the local newspaper, the Glendale Independent.

This comprehensive upgrade will improve functionality, safety, and the visual appeal of the facility for all visitors. This project will comply with Title 24 requirements and ADA accessibility standards.

STAKEHOLDERS/OUTREACH
The work will be coordinated with the contractor and Community Services & Parks Department staff to minimize any disruptions to operations and the public. As a result of this project, the public will gain improved accessibility at this popular recreational facility.

FISCAL IMPACT
There is no fiscal impact associated with this report. The current Engineer’s estimate for the construction of this project is $357,000 which was included as a part of the FY 2024- 25 budget.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This project is Categorically Exempt under California Environmental Quality Act (CEQA) Guidelines §15301, existing facilities. The existing facilities exemption applies to “the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” (CEQA Guidelines §15301).

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the resolution adopting the specifications for this project and the restrooms will remain non-compliant with accessibility standards, potentially 9 of 233

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limiting access for individuals with disabilities and leaving the facility outdated.

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

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Director of Public Works
Prepared by:

Arthur Asaturyan, Senior Project Manager
Approved by:

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

EXHIBITS/ATTACHMENTS
None.
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4b
RESOLUTION NO. __________

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

ADOPTING THE SPECIFICATION FOR THE
BABE HERMAN RESTROOM RENOVATION PROJECT, SPECIFICATION NO. 3978, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS.

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

SECTION 1.The Specification on file in the City Clerk’s office for the Babe Herman Restroom Renovation Project, including the various documents incorporated therein, are hereby approved, adopted, designated and shall hereafter be known as Specification No. 3978.

SECTION 2.The City Clerk is hereby directed to advertise for bids for the work, equipment and materials described in these Plans and Specification adopted by this Resolution.

Adopted this _____ day of ____________, 2025.
____________________________
Mayor, City of Glendale
ATTEST:
__________________________
City Clerk
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STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing Resolution No. _____________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _____ day of _________________, 2025, the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
___________________________
City Clerk
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25-87616

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Subrecipient Agreement between the Center for Transportation and the Environment (CTE) and City of Glendale related to the California Air Resources Control Board (CARB) FY 2021-22 and FY 2022-23 Advanced Technology Demonstration and Pilot Projects for Glendale Municipal Green Zone Project.

1. Motion authorizing the City Manager, or a designee, to enter into and execute all agreements, amendments, certifications, and documents necessary to implement the grant funding for services related to the Glendale Municipal Green Zone Project, subject to the approval by the City Attorney.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for March 11, 2025 calendar

EXECUTIVE SUMMARY
In partnership with CTE, the City of Glendale successfully applied for the CARB FY 2021- 22 and FY 2022-23 Advanced Technology Demonstration and Pilot Projects grant. On March 7, 2024, CARB preliminarily awarded the grant, contingent upon the appropriation of the local match, which was approved by the City Council on April 20, 2024. To secure grant funds for this project, an agreement with CARB and an agreement with the California Energy Commission (CEC) were established.

Additionally, the City must enter into a subrecipient agreement with CTE in the amount of $607,084 to receive grant reimbursements for the purchase of several electric construction vehicles and the EV chargers. The grant agreement includes an indemnification clause and a liquidated damages provision. As required by the Glendale Municipal Code, City Council approval is needed for indemnity contracts over $50,000, including this subrecipient agreement.
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RECOMMENDATION
Approve a motion authorizing the City Manager, or a designee, to enter into and execute all agreements, amendments, certifications, and documents necessary to implement the grant funding for services related to the Glendale Municipal Green Zone Project, subject to the approval by the City Attorney.

ANALYSIS
From August to December 2023, staff collaborated with the non-profit consultant CTE, the primary grant recipient, to submit the application for the CARB FY 2021-22 and FY 2022-23 Advanced Technology Demonstration and Pilot Projects grant. On March 7, 2024 CARB preliminarily offered the grant award, requiring several conditions being met including the requirement to appropriate the local match amount. On April 20, 2024, the City Council authorized a resolution of appropriation of the local match requirement for this grant.

The Glendale Municipal Green Zone project involves the procurement and deployment of four electric construction vehicles—two Volvo compact excavators and wheel loaders, a Chevrolet Silverado EV truck, and an electric dump truck—assigned to the Asphalt and Concrete sections of the Public Works Department. These vehicles will also be available to Community Services and Parks, as well as Glendale Water and Power. The excavator and wheel loader are already in service, while the pickup truck is expected this month and the dump truck in August. Additionally, charging infrastructure, including three Level 2 and one Level 3 chargers, will be installed at the Public Works Corporation Yard by July 1, 2025, to support these vehicles. All equipment was purchased through a competitive bidding process.

The total project cost is $2,146,787, encompassing CTE's grant management and reporting, the purchase of vehicles and charging equipment, and the required match funds. The subrecipient agreement between CTE and the City of Glendale will total $607,084, covering the cost of procuring several of the vehicles and the chargers. A detailed breakdown of the budget is provided in the table below.

Glendale
Cash Match $566,790
EV/Charger Procurement $607,084
Subtotal Up-front Costs $1,173,875
In-Kind Match (Staff time) $506,913
EV/Charger Procurement
(reimbursement)
($607,084)
TOTAL $1,073,703
CTE, as the primary recipient of the grant, will lead the administration and reporting of this. They will be responsible for ensuring deadlines are met, managing grant reporting requirements, and overseeing compliance with grant's conditions during the year-long project. The City of Glendale, as the subrecipient and contractor, will play a key role in executing the project including procuring the electric vehicles, incorporating them into its CTE
Project Management $383,500
Reporting $82,500
Glendale EV Procurement $607,084
TOTAL $1,073,084
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fleet, and fulfilling its financial match obligations, both cash and in-kind. The City will submit invoices to CTE for reimbursement of eligible expenses.

Additionally, the subrecipient agreement requires the city, as the designated contractor under the agreement, to indemnify, defend and hold harmless the State of California and CTE. The subrecipient agreement also subjects the city to liquidated damages if the city is found in breach of the agreement. The Glendale Municipal Code section 4.12.080 requires that indemnification contracts over $50,000 in value be approved by the City Council.

STAKEHOLDERS/OUTREACH
There is no outreach planned related to the subrecipient agreement.

An extensive community outreach effort is an important component of the Glendale Municipal Green Zone project and a grant requirement. The Glendale Environmental Coalition provided support for the grant application and project and agreed to leverage their outreach tools to raise awareness of this pilot project. Once all of the ZEV equipment is received, Public Works intends to participate in several community events where the new equipment is displayed for public view. The city will also make the new equipment available to neighboring municipalities considering similar transitions to ZEVs.

FISCAL IMPACT
There is no fiscal impact associated with this report. The Glendale Municipal Green Zone project will cost $2,146,787 total including the project components from CTE and Glendale. Glendale’s upfront costs of $1,173,875, including cash match and vehicle/EV procurement, are included in the FY 2024-25 budget. No new appropriation is needed at this time. The existing appropriation is outlined below:

Existing Appropriation
Amount Account String Funding Source
$346,435 GL: 51000-4090-PWD-0020-P0000
PL: PWD01161AG
CIP Reimbursement Fund
$260,650 GL: 51200-4090-PWD-0020-P0000
PL: PWD01161AG
CIP Reimbursement Fund
$566,790 GL: 51000-6010-PWD-0020-P0000
PL: PWD01161BN
Fleet Management Fund
The in-kind match amount of $506,913 represents the salaries and benefits of the existing staff members that will be working on this project and is already included as a part of the FY 2024-25 budget.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The project is categorically exempt from environmental review because of CEQA Guidelines §§ 15311.
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CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION

1. Not approve a motion authorizing the City Manager, or a designee, to enter into and execute all agreements, amendments, certifications, and documents necessary to implement the grant funding for services related to the Glendale Municipal Green Zone Project and Glendale will not receive reimbursement of grant funds for this project.

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

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Director of Public Works
Prepared by:

Shea Eccleston-Banwer, Public Works Administrator
Petra Beglarian, Public Works Manager
Approved by:

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

EXHIBITS/ATTACHMENTS

1. Subrecipient agreement between CTE and Glendale
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MOTION
Moved by Council Member , seconded
by Council Member , that the Council of the City of
Glendale authorizes the City Manager, or his designee, to enter into and execute all agreements, amendments, certifications, and documents necessary to implement the grant funding from the State of California for services related to the Glendale Municipal Green Zone Project, subject to the approval by the City Attorney.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
______________________
City Clerk
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SUBRECIPIENT AGREEMENT

BETWEEN
CENTER FOR TRANSPORTATION AND THE ENVIRONMENT, INC.

AND

THE CITY OF GLENDALE
This Agreement is made on this ______ day of ______, 2025 by and between the Center for Transportation and the Environment (herein “CTE”), located at 730 Peachtree Street, Suite 450, Atlanta, GA 30308 and the City of Glendale (herein “CONTRACTOR”), located at 633 East Broadway, Suite 209, Glendale, CA 91206 both hereinafter referred to collectively as the “Parties” and individually as “Party,” and serves as the contract for the scope of work that CONTRACTOR agrees to provide under the Glendale Municipal Green Zone Project.

WHEREAS, CTE and CONTRACTOR partnered on a proposal (herein referred to as “Project Proposal”) to the Fiscal Year (FY) 2021-22 and FY 2022-2023 Advanced Technology Demonstration and Pilot Projects Grant solicitation issued by the California Air Resources Board (CARB) and the California Energy Commission’s (CEC) Zero-emission Vehicle Infrastructure (ZVI) Grant Program; WHEREAS, CTE, as the Prime Recipient, and CONTRACTOR, as a Subrecipient, were awarded both CARB and CEC Grants to deploy the Glendale Municipal Green Zone Construction Work Crew Project (herein “Project”);
WHEREAS, CTE desires to engage the CONTRACTOR, as a sub-grantee, to render the proposed services and support related to the Project; and
WHEREAS, CONTRACTOR possesses the essential experience, skills, and breadth of knowledge to perform such services; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

The following attachments are incorporated and made part of this Agreement herein:

Attachment I: CONTRACTOR Statement of Work
Attachment II: CARB Grant Terms & Conditions (“CARB Agreement”) Attachment III:CEC Grant Terms & Conditions (“CEC Agreement”) Attachment IV: Project Proposal
1)SCOPE OF WORK / STANDARD OF PERFORMANCE
By executing this Agreement, CONTRACTOR agrees to perform and comply with the scope of work set forth in the Statement of Work (“Work”), attached and fully incorporated herein as Attachment I.

CONTRACTOR shall perform the scope of work specified in the time and manner described and in accordance with the terms and provisions of this Agreement. CONTRACTOR agrees to perform the scope of work with that standard of professional care, skill, and diligence normally provided in the performance of similar services and will obtain and maintain all required business and professional permits, licenses, and certificates required to perform such services. Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re-performance of the work, shall be borne in total CONTRACTOR.

Exhibit 1E Exhibit 1
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2) CARB/CEC FUNDING
a) CONTRACTOR acknowledges that this Agreement is funded in part by CARB and CEC. As such, CONTRACTOR shall comply with the CARB Grant Terms and Conditions, included in Attachment II and the CEC Grant Terms and Conditions, included in Attachment III, applicable to CONTRACTOR as a Subrecipient in performance of this Agreement. Without limiting the generality of the foregoing:
i. CONTRACTOR acknowledges and agrees that provisions of the CARB Agreement or CEC Agreement imposing an obligation on CTE to CARB or CEC shall be deemed to impose an obligation on CONTRACTOR to CTE.
i. CONTRACTOR shall not take any action or fail to take any action that would jeopardize CTE’s compliance with any CARB Agreement Term or Condition, any CEC Agreement Term or Condition, or any CARB or CEC Grant Solicitation term or condition. ii. Provisions, if any, in the CARB Agreement, in the CEC Agreement, or the CARB and/or CEC Grant Solicitation providing for indemnification or other hold harmless obligations by CTE to CARB and/or CEC shall be deemed to be an indemnification or hold harmless obligation by CONTRACTOR to CTE and CARB/CEC.
b) CONTRACTOR acknowledges, accepts, and agrees that the State of California, acting by and through the CARB and/or CEC, is an intended third-party beneficiary to any and all CONTRACTOR agreements, vouchers, contracts, subcontracts, awards, and grants with CTE where any CARB-provided funds are used or applied to pay or reimburse CONTRACTOR under this Project.
c) CONTRACTOR agrees to act in good faith and cooperate with CTE in completing and performing the duties and requirements of the CARB and CEC Agreements, to include but not limited to participation in project kick-offs, assistance with materials and reports for ongoing project coordination meetings and critical project review meetings, as well as participation and support of public outreach and workforce development events. 3) DOCUMENTS INCORPORATED BY REFERENCE
The documents below are incorporated by reference into this Agreement. These terms and conditions will govern in the event of a conflict, with the exception of the documents in subsection (f). Where this Agreement or California laws and regulations are silent or do not apply, the federal cost principles and acquisition regulations listed below will be utilized as guidance in determining whether reimbursement of claimed costs is allowable. Documents incorporated by reference include:

Solicitation Documents
a. The CEC and CARB funding solicitations under which this Agreement was awarded (to include the Sample Grant Agreements, if any, included in the solictations) b. The Project Proposal
Federal Cost Principles (applicable to state and local governments, Indian tribes, institutions of higher education, and nonprofit organizations)
c. 2 Code of Federal Regulations (CFR) Part 200, Subpart E (Sections 200.400 et seq.) Federal Acquisition Regulations (applicable to commercial organizations) d. 48 CFR, Ch.1, Subchapter E, Part 31, Subpart 31.2: Contracts with Commercial Organizations (supplemented by 48 CFR, Ch. 9, Subchapter E, Part 931, Subpart 931.2 for Department of Energy grants)
Nondiscrimination
e. 2 California Code of Regulations, Section 11099 et seq.: Contractor Nondiscrimination and Compliance
General Laws
f. Any applicable federal, state, or local laws or regulations 19 of 233

4)TERM OF AGREEMENT
The period of performance for this Agreement shall commence upon notification to CONTRACTOR by CTE that CARB has determined California Environmental Quality Act (CEQA) compliance has been achieved and the Grant Agreement can proceed. Services, work products and/or deliverables defined in CONTRACTOR’s Statement of Work shall be completed when CTE notifies CONTRACTOR that CARB and CEC have approved the final report or when the Grant is terminated or expires, whichever occurs first.
5)AGREEMENT AMOUNT
a) The total Agreement Amount to be paid CONTRACTOR for the scope of work defined under this Agreement shall not exceed $607,084. CONTRACTOR will invoice CTE for services provided, and/or services and equipment purchased, based on actual and allowable direct and indirect costs incurred in accordance with the budget submitted as part of the Project Proposal and in compliance with all applicable CEC and CARB Agreement Terms and Conditions and Grant Solicitations. CTE will reimburse CONTRACTOR within 10 days of CTE’s receipt of the money from CARB and/or CEC.
b) CONTRATOR Budget, as proposed in the Project Proposal, included in Attachment IV, will not be amended due to faulty estimations, increases in costs due to inflation or other reasons that have not been covered in the budget.
c) Allowable direct costs and indirect costs of CONTRACTOR are payable on a reimbursement basis only. The rates included in the Project Proposal are rate caps, or the maximum amount allowed to be billed. CONTRACTOR can only bill for actual expenses incurred at the CONTRACTOR’s actual rates not to exceed the rates specified in the Project Proposal Budget (e.g., direct labor rates, fringe benefit rates, and indirect rates). All CONTRACTOR indirect costs must be developed in accordance with generally accepted accounting principles and comply with the requirements set forth in the CEC and CARB Agreements. Costs identified as direct costs cannot also be indirect costs.
d) All CONTRACTOR expenditures must occur withing the approved term of this Agreement and must be made in accordance with the Budget and subject to CEC and CARB Grant terms and conditions, to include the Streamlining Grant Terms & Conditions, included in Exhibit C – Appendix 1 of the CEC Agreement. No reimbursement will be made for expenses that, in the judgement of the CTE, do not comply with this Agreement. 6) MATCH SHARE
Match Share means cash-match or in-kind (non-cash) match contributions that will be used in performance of this Agreement. CONTRACTOR agrees to provide a minimum of $1,073,703 in Match Share, of which $566,790 shall be in the form of cash and equipment, and $506,913 shall be in the form of in- kind labor. Furthermore, CONTRACTOR agrees to provide the minimum match share percentage of the total actual, allowed costs to-date (herein “Minimum Match Share Percentage”), even if the Agreement is terminated early or otherwise ends before Project completion. Without limiting any of CTE’s other rights or remedies, CONTRACTOR agrees that if it fails to provide the Minimum Match Share Percentage, and if requested by CTE, CONTRACTOR shall repay an amount to ensure CONTRACTOR provides, at a minimum, the Minimum Match Share Percentage. 7) RETENTION
In accordance with the retention requirements of the CARB and CEC Grant Terms and Conditions, up to ten percent of any CONTRACTOR payment request will be retained until the end of the Project. After the Project is complete and CEC and/or CARB has verified that the terms of the funding agreement has been fulfilled, the retention will be authorized for release by CTE. 20 of 233

8) TRAVEL AND PER DIEM
a) Any reimbursement for necessary travel and per diem must be at rates not to exceed those amounts paid to the State’s represented employees. Any travel not included in the original Project Proposal Budget shall require pre-approval from CTE. No travel outside the State of California will be reimbursed unless prior written authorization is obtained from CTE. b) For the purposes of payment, CONTRACTOR’s headquarters shall be considered the location of the CONTRACTOR’s office where the employees’ assigned responsibilities to this Project are permanently assigned.
c) Travel and per diem reimbursement amounts may be found online at:
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. Reimbursement must be at the State travel and per diem amounts that are current as of the date costs are incurred by the CONTRACTOR.
d) CONTRACTOR must retain documentation of travel expenses in its financial records. The documentation must be listed by trip and include dates and times of departure and return, and departure and destination cities. Travel receipts, including for travel meals and incidentals, shall be submitted with payment requests requesting reimbursement from CTE. 9)INVOICES
a) CONTRACTOR will submit monthly invoices by the 10th day following each calendar month for the work performed during the preceding month. Each invoice shall be accompanied by a status report and shall contain appropriate supporting documentation providing evidence of hours worked and associated hourly rates, as well as any documentation of actual costs incurred and paid by CONTRACTOR in performing their scope of work under this Agreement. b) In addition, CONTRACTOR’s invoices shall provide a detailed summary of the Match Amounts (cash match or in-kind cost share) contributed. This detailed summary will include a cost breakdown of the costs incurred by Direct Labor, Labor Overhead, Direct Costs (such as Travel, Materials, and Subcontracts) and G&A Overhead. CONTRACTOR certifies that any cash match or in-kind Match Amounts submitted are separate from, and in addition to, any amounts billed and that no Match Amounts contributed are included in any of the reimbursable portion of the amounts billed.
c) Submission of an invoice to CTE shall indicate CONTRACTOR’s certification that the invoice is correct and proper for payment, and reimbursement for the submitted costs has not and will not be received from any other sources, including but not limited to a government entity (as defined in Attachment III) contract, subcontract or other procurement method. d) Invoices shall be submitted by mail or other delivery carrier to the Center for Transportation and the Environment, 730 Peachtree St., Suite 450, Atlanta, GA 30308 and by email to CTE’s designated recipient ([email protected]).
e) A final invoice must be submitted by CONTRACTOR 90 days prior to the end date of the Project (February 28, 2027). If this Agreement is terminated earlier, CONTRACTOR’s final invoice must be submitted within 30 days of the early termination date. Any invoices received after the final invoice deadline may not be reimbursed by CTE.
10)TERMINATION
This agreement may be terminated in whole or in part as follows:

A. Termination for Default
Either Party may terminate this Agreement if the other Party materially fails to comply with the terms and conditions of this Agreement and such failure is not corrected within fifteen (15) days following receipt of written notice from the non-breaching party. Upon termination for default of CONTRACTOR, CONTRACTOR shall be liable to CTE for any excess costs incurred in acquiring supplies and services similar to those terminated for default, and for any 21 of 233

other damages, to include liquidated damages as defined in Article 6, whether or not repurchase is effected. CTE may withhold any payments due to CONTRACTOR until such time as the exact amount of damages, if any, due to CTE from CONTRACTOR is determined.

B. Termination for Convenience/Project Termination
i. CTE may terminate this Agreement, in whole or in part, upon thirty (30) days written notification to CONTRACTOR setting forth the effective date of termination, and, in the case of partial termination, the portion to be terminated. ii. This Agreement may be terminated immediately by CTE, if CTE’s prime award supporting this Letter Agreement is terminated by CARB or CEC.

In the event of Termination for Convenience or Project Termination, CONTRACTOR will use all reasonable efforts to mitigate its expenses and obligations. CONTRACTOR shall be paid in accordance with this Agreement for all Work satisfactorily performed up to the effective date of termination, which shall not exceed the total Agreement Amount. Upon termination, CTE shall be entitled to all work and CONTRACTOR shall promptly deliver to CTE all copies of documentation and other information and data prepared or developed by CONTRACTOR under this Agreement and any property or equipment purchased under this Agreement, to include works already in progress, unless otherwise instructed by CTE. 11) LIQUIDATED DAMAGES
If CTE or the State of California determines, within its or their sole and absolute discretion, that CONTRACTOR is in breach or has breached any obligation to remain in compliance with this Agreement or any applicable federal, State, or local air quality rules, regulations, and statutes, then CONTRACTOR, immediately upon demand, will pay CTE (or to CARB or CEC, as requested), as recaptured funds or liquidated damages, the full amount of all Grant Funds received to date.

CONTRACTOR agrees that quantifying the losses arising from any breach is inherently difficult insofar as breach may cause the State of California or CTE irreparable, serious, or substantial harm or damage, including to taxpayers or to the environment. CONTRACTOR further stipulates that the agreed upon amount of recaptured funds or liquidated damages is not a penalty, but rather a reasonable measure of damages based upon experience and given the nature of the losses that may result from said breach. CONTRACTOR agrees that the recaptured funds or liquidated damages have been computed, estimated, and agreed upon by all Parties and represents an attempt to make a reasonable forecast of probable actual loss because of the difficulty of estimating with exactness the damages which will result. This obligation shall apply even if there is a concurrent noncompliance or violation of air quality rules, regulations or laws caused by a third party. The remedies set out in this paragraph are contractual in nature.
12) STOP WORK
CTE may, at any time, by written notice to CONTRACTOR, require CONTRACTOR to stop all or any part of the Work under this Agreement. Stop work orders may be issued for reasons such as a project exceeding budget, standard of performance, out of scope work, dispute, delay in project schedule, misrepresentations and the like.
a) Compliance. Upon receipt of such stop work order, CONTRACTOR shall immediately take all necessary steps to comply therewith and to stop the incurrence of costs allocable to CTE. If CONTRATOR chooses to continue to work on the Project after receiving a Stop Work order, CONTRACTOR will not be reimbursed for any expenditure incurred during the suspension in the event that CTE terminates the Agreement. If CTE rescinds the Stop Work order and does not terminate the Agreement, CTE will reimburse CONTRACTOR for any expenses incurred during the suspension that are reimbursable in accordance with this Agreement and CARB and CEC Terms and Conditions.
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b) Canceling a Stop Work Order. CONTRACTOR shall resume the work only upon receipt of written instructions from CTE.
13)INSURANCE
CONTRACTOR must comply with all requirements outlined in the (A) General Provisions section and (B) Insurance Requirements section. No payment will be made under this Agreement until CONTRACTOR fully complies with all insurance requirements. (A) General Provisions
a. Coverage Term – Coverage needs to be in force for the complete Term of the Agreement. If insurance is set to expire during the Term of the Agreement, a new certificate must be received by CTE at least ten days prior to the expiration of this insurance. Any new insurance must comply with the original Agreement terms. b. Policy Cancellation or Termination & Notice of Non-Renewal – CONTRACTOR is responsible for notifying CTE and the State within five business days of any cancellation, non-renewal, or material change that affects required insurance coverage. New certificates of insurance are subject to the approval of CTE and/or the State and CONTRACTOR agrees no work or services will be performed prior to obtaining such approval. In the event that CONTRACTOR fails to keep in effect at all times the specified insurance coverage, CTE may, in addition to any other remedies it may have, terminate the Agreement upon the occurrence of such event, subject to the provisions of this Agreement. c. Premiums, Assessments and Deductibles – CONTRACTOR is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program.
d. Primary Clause – All required insurance contained herein shall be primary, and not excess or contributory, to any other insurance carried by CTE or the State. e. Insurance Carrier Required Rating – All insurance companies must carry an AM Best rating of at least “A–” with a financial category rating of no lower than VI. If CONTRACTOR is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. f. Endorsements – All required insurance shall include the additional insured endorsements physically attached to all certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. In addition, Waiver of Subrogation or Right to Recover endorsements in favor of CTE, the State of California, and the California Air Resources Board must be attached to each certificate of insurance. g. Inadequate Insurance – Inadequate or lack of insurance does not negate CONTRACTOR’s obligations under this Agreement or the Grant terms and conditions. h. Satisfying a Self-Insured Retention (SIR) - All policies with an SIR shall be endorsed to all the State to satisfy the SIR or Deductible at the State’s discretion. CTE, on behalf of the State, may deduct from any amounts otherwise due to CONTRACTOR to fund the SIR/deductible. Policies shall not contain any provision that limits the satisfaction of the SIR/deductible to the Named Insured. CONTRACTOR’s insurer may also eliminate the SIR/deductible in favor of CTE and the State’s interests. i. Use of Contractors or Subcontractors – In the case of CONTRACTOR’s utilization of any subcontractors to complete Scope of Work hereunder, CONTRACTOR shall include all subcontractors as insureds under the CONTRACTOR’s insurance or supply evidence of the subcontractor’s insurance to CTE and the State equal to policies, coverages, and limits required of the CONTRACTOR.
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(B) Grant Insurance Requirements: CONTRACTOR and each subcontractor of CONTRACTOR shall display evidence of the following on a certificate of insurance which includes all the required endorsements, including additional insured endorsements and waiver of subrogation/right to recover endorsements. Failure to provide the certificates upon request will result in the termination of this Agreement. The following coverages must be evidenced on the certificates of insurance:
a. Commercial General Liability – CONTRACTOR, and each subcontractor, shall maintain general liability on an occurrence form with limits not less than $2,000,000 per occurrence for bodily injury and property damage liability combined with a $5,000,000 annual policy aggregate. A “per project aggregate” endorsement is required. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract or grant. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to CONTRACTOR's or a subcontractor’s limit of liability. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Agreement, each insurance policy must name “CTE and the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of CTE and the State of California must also be attached to the certificate.
b. Automobile Liability – If CONTRACTOR or any subcontractor of CONTRACTOR will be using vehicles to complete the Project or driving a vehicle onto State property, automobile liability insurance is required. For vehicles used in a CARB-funded shared mobility services (e.g., electric bikes and scooters, carshare vehicles, shuttles, and buses), the CONTRACTOR and each subcontractor shall maintain motor vehicle liability with limits of not less than a $5,000,000 per accident. For any other vehicle that is not used in a CARB-funded shared mobility service (e.g., vehicles used for project planning, rebalancing, maintenance, marketing, outreach, or driving to events), the CONTRACTOR and each subcontractor shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. At the request of CTE, the CONTRACTOR and each subcontractor must show proof of automobile liability. Failure to provide proof upon request will result in the termination of this Agreement. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Agreement, each insurance policy must name “CTE, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Agreement. A blanket additional insured endorsement is not acceptable.

A Waiver of Subrogation or Right to Recover endorsement in favor of CTE and the State of California must also be attached to the certificate.
i. In the event that the Fleet Owner maintains business automobile liability insurance, the insurance policy must name “CTE, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by endorsement that states the names exactly as stated above in this Agreement. A blanket additional insured endorsement is not acceptable.
ii. By signing this Agreement, CONTRACTOR certifies that CONTRACTOR and any employees, subcontractors or servants possess valid automobile coverage in 24 of 233

accordance with California Vehicle Code Sections 16450 to 16457, inclusive.

CTE and/or the State reserves the right to request proof at any time. iii. In addition to the insurance requirements listed above, CONTRACTOR must supply specific coverage for Electric Bikes and Scooters, with a limit of at least $5,000,000. Proof of coverage can be submitted in two ways:

1. If coverage is from an Electric Bike and Scooter insurance carrier, only the certificate of insurance is required showing specific insurance for Electric Bikes and Scooters; OR,

2. If coverage is endorsed to the General Liability policy, insurance company must supply a separate endorsement showing proof of Electric Bike and Scooter Coverage.
iv. Either policy must name, by endorsement, “CTE, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds with respect to liability arising out of work or operations performed by or on behalf of any recipient of CARB funds including any electric bikes and scooters in connection with any such work or operations.” The endorsement must state the names exactly as stated above in this Agreement.

A blanket additional ensured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of CTE and the State of California must also be attached to the certificate.
c. Workers Compensation and Employers Liability – CONTRACTOR and each subcontractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of this Agreement. In addition, employer’s liability limits of $1,000,000 are required. A Waiver of Subrogation or Right to Recover endorsement in favor of CTE and the State of California must be attached to the certificate.
d. Crime Insurance – Crime insurance requirements are negotiable at CARB’s sole discretion.

At a minimum, the maximum amount of funding that CONTRACTOR and each subcontractor will have on hand at any time should be covered. Coverage shall include but not be limited to employee dishonesty, theft, forgery or alteration, and inside/outside money and securities coverages including first and third party theft for State-owned or leased property in the care, custody, and/or control of the CONTRACTOR. The policy shall include as loss payee, CTE, the State of California, California Air Resources Board.

For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Agreement, each insurance policy must name “CTE, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of CTE and the State of California must also be attached to the certificate. e. Non-Profit Organization with Volunteers Only (applicable to non-profit organizations only): A Volunteer Accident Insurance Policy with a limit not less than $1,000,000. The policy shall contain a waiver of subrogation in favor of CTE and the State of California, if such endorsement is available in the open market. Said policy shall be issued by an insurance company with a rating which is acceptable to the Department of General Services, Office of Risk, and Insurance Management. CTE and/or CARB reserves the right to review and adjust insurance requirements as necessary during the Term of this Agreement.
f. Cyber Liability coverage, with limits not less than $2,000,000 per occurrence or claim:

Coverage shall be sufficiently broad to respond to the duties and obligations as is 25 of 233

undertaken by CONTRACTOR under this Agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs, regulatory fines, and penalties, as well as credit monitoring expenses. The Policy shall include or be endorsed to include property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of CTE or the state of California in the care, custody, or control of the CONTRACTOR. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Agreement, each insurance policy must name “CTE, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of CTE and the State of California must also be attached to the certificate.
g. Professional Liability (Errors and Omissions): Insurance appropriate to the CONTRACTOR’s profession, with limit no less than $2,000,000 per occurrence or claim, $5,000,000 aggregate. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Agreement, each insurance policy must name “CTE, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of CTE and the State of California must also be attached to the certificate.
h. Self-insurance – If a CONTRACTOR has elected to be self-insured it must receive approval of its self-insurance program from the DGS Office of Risk and Insurance Management (ORIM). To obtain ORIM approval, CONTRACTOR must submit the following documents to ORIM.
i. Workers’ Compensation – CONTRACTOR will provide a copy of its Certificate of Consent to Self-Insure from the Department of Industrial Relations. ii. All Other – CONTRACTOR’s Risk Manager, or comparable position holder, shall provide a written description of the plan including what is covered, what is not covered, identify the financial limits of the plan, and identify the source of funds for financing the plan.

1. Provide the firm’s most recent audited annual financial statement including all accounting letters. The report must show the firm’s owner’s equity of at least $5,000,000 and annual profit of at least $500,000.

2. Provide a signed written statement from the firm’s CPA confirming the annual net profit for each of the prior 4 years has been at least $500,000.
i. Harbors, Ports, Waterways, Vessel, Watercraft -- If CONTRACTOR or any of the CONTRACTOR’s subcontractors (funded in whole or in part with any Grant Funds) will be working with, on, in or around any harbor, dock, marina, port or waterway or will be working with, building, designing, deploying, developing, operating or using any form of watercraft or vessel, then in addition to all other insurance coverage required in this 26 of 233

Agreement, the CONTRACTOR and said subcontractors shall also carry the following insurance coverage:
i. Marine General Liability (MGL) insurance, with no waterborne exclusions, and with a limit of not less than$5,000,000 per occurrence/$5,000,000 aggregate.

MGL shall include, at a minimum, coverage for:

1. Premises Liability

2. Contractual Liability

3. Products and Completed Operations

4. Bodily Injury and Property Damage

5. Vessel Owner/Operator Liability

6. Sudden and Accidental Pollution

7. Vessel Hull & Machinery (H&M)

8. Marina Operators Legal Liability

9. Terminal Operators/Wharfingers Liability with a limit of not less than $10,000,000 per claim/$10,000,000 aggregate.

10. United States Longshore and Harbor Workers Compensation Act (USL&H) with statutory limits, for work that will take place on or over a navigable waterway.

11. Maritime Employers Liability (MEL) with a limit of liability of not less than $1,000,000 per claim, for underwater or diving activity.

Grantee and Recipients shall only use commercially certified divers for underwater or diving activities.

12. Protection & Indemnity (P&I) (including crew and passengers) with a limit of liability of not less than $1,000,000 per claim for vessels carrying less than 25 persons (passengers or crew), and a limit of liability of not less than$10,000,000 per claim for vessels carrying greater than 25 persons (passengers or crew).

13. Vessel Pollution Liability with a limit of liability of not less than $1,000,000 per claim for vessels carrying less than 25 persons (passengers or crew), and a limit of liability of not less than $10,000,000 per claim for vessels capable of carrying greater than 25 persons (passengers or crew).
ii. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Agreement, each insurance policy must name “CTE, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of CTE and the State of California must also be attached to the certificate.
14)INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend, and hold harmless the State of California, CTE and their officers, Board members (when applicable), employees, agents, representatives, and successors- in-interest from:
1) any and all claims, losses, and expenses, including reasonable attorneys’ fees, accruing or resulting to CONTRACTOR and to any and all CONTRACTOR’s subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement; and 27 of 233

2) from any and all claims, losses, and expenses, including reasonably attorneys’ fees, accruing or resulting to any person, firm, or corporation who may be injured or damaged by the CONTRACTOR in the performance of this Agreement or out of the operation of equipment that is purchased with funds from this Agreement.

CONTRACTOR shall ensure that the same or substantially and materially the same indemnification requirements in favor of CTE and the State of California are set out in each subcontractor agreement. 15) INDEPENDENT CONTRACTOR
CONTRACTOR, its agents, employees, affiliates, subcontractors, suppliers, officers, and assigns, if any, in their, its, his or her performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of CTE, CEC, CARB or the State of California.

CONTRACTOR, its officers, employees, agents, representatives, or subcontractors shall in no sense be considered employees or agents of CTE, nor shall CONTRACTOR, its officers, employees, agents, representatives, or subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by CTE to its employees. CTE will not supervise, direct, or have control over, or be responsible for, CONTRACTOR’s or their subcontractor's means, methods, techniques, work sequences or procedures or for the safety precautions and programs incident thereto, or for any failure by them to comply with any local, state, or federal laws, or rules or regulations, including state minimum wage laws and OSHA requirements. CONTRACTOR shall promptly notify CTE of any material changes to subcontracts that affect the Agreement’s scope of work, deliverable schedule, and/or payment/cost schedule.
16) KEY PERSONNEL
CONTRACTOR’s key Project personnel, as identified in the Project Proposal, will participate in an initial Project kick-off meeting and periodic review meetings. Any changes to key personnel, require prior written approval from CTE, CARB, and CEC. Any work performed by new key personnel without prior written approval is at CONTRACTOR’s sole risk and may not be reimbursed.

17) INTELLECTUAL PROPERTY
CONTRACTOR grants CARB and CEC any and all rights and/or ownership of any webpage(s), websites, social media, patents, software, databases, program data, copyrights, tradenames, data, metadata, trademarks, computer programs, art or artwork, publications, writing, photos, images, sound recordings, film and other media or other intellectual property (collectively and each the “Intellectual Property”) developed, created or purchased using Grant Funds (in whole or part) for the purposes of administering or implementing the Project.
18) COMPLIANCE WITH AIR QUALITY LAWS
CONTRACTOR understands, acknowledges, and agrees that compliance with all applicable federal, State, and local air quality rules, regulations and statutes is a precondition to the receipt or use of any State funds provided by or through the California Air Resources Board (CARB), and is a continuing obligation for the consecutive five (5) years following receipt of any State funds on a rolling continuous basis. CONTRACTOR understands, acknowledges and agrees that a failure to comply in whole or in part with any local, State or federal air quality rules, regulations or statutes, or a failure to comply, in whole or in part, with any of the requirements or obligations under the Project or program, this Agreement, contract, subcontract, award, voucher, or grant (as applicable) is, in each instance, a material breach of the conditions under which State funds were provided or made available, and such breach will result in undue hardship and damages to CTE and the State of California some or all of which may be impossible to easily calculate.
19) CONFIDENTIAL INFORMATION / CONFIDENTIALITY
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a) Definitions. For the purposes of this Section, the following terms shall have the meanings set forth below:
i) “confidential information” refers to information that CEC, CARB, or CTE has designated as confidential pursuant to Title 20 CCR Section 2505 et seq., information CEC, CARB, or CTE has otherwise deemed or stated to be confidential, and other information exempt from public disclosure under the provisions of the California Public Records Act or other applicable state or federal laws.
ii) “personal information” (PI) refers to information that meets the definition of “personal information” in California Civil Code section 1798. .3(a) or one of the data elements set forth in California Civil Code section 1798.29(g)(1) or (g)(2) iii) CEC’s “special terms for confidential information” refers to CEC’s special terms and conditions for the receipt of confidential information and personal information. b) CTE, CARB, and CEC Confidential Information. CONTRACTOR agrees to keep confidential any CTE, CARB, and CEC confidential information, to include all information, deliverables, and work products developed or collected pursuant to this Project, technical data, electronic files, and other written or oral information not in the public domain or not previously known and will not disclose any such data to any other party without prior written consent unless required by law.

CONTRACTOR shall use confidential information solely for the purpose of performing its obligations under this Agreement. Notwithstanding the above, in the event CONTRACTOR is required by deposition, interrogatory, subpoena, or request for documents under the California Public Records Act to disclose information or data received or generated under this Agreement, CONTRACTOR shall provide a prompt written notice prior to disclosure with sufficient time (no less than 10 calendar days) for the affected Party to challenge or stay any release in an appropriate court of law.
a) Storage and Handling. CONTRACTOR represents and warrants that its data and information security standards, tools, technologies, and procedures are sufficient to protect Project confidential information and in compliance with the obligations outlined in Article 13.13(w) of the Sample Carb Grant Agreement included in the Solicitation Package. b) Personal Information (PI).
i) If CONTRACTOR will receive confidential information or PI from CEC, CARB, or CTE for the performance of this Agreement, CONTRACTOR must first agree to and comply with CEC’s special terms for confidential information, included in the CEC Agreement. ii) CONTRACTOR must not share or request PI or application records or supporting documentation that personally identifies or describes an individual or individuals, without prior written permission from CTE and certification that it complies with all applicable storage, encryption, and management requirements in accordance with California State Administrative Manual 5350.1 and California Statewide Information Management Manual 5305-A.
c) CONTRACTOR shall comply with all CARB/CEC Agreement terms regarding confidential information and assumes all responsibility and liability for the security and confidentiality of PII and confidential information under its control and agrees that it shall be responsible for all costs incurred by CTE, CARB, or CEC due to a security incident resulting from the acts or omissions of CONTRACTOR or any of its employees, agents, officers, or subcontractors, including any acts or omissions resulting in an unauthorized disclosure, release, access, review, or destruction of data or information; or loss, theft or misuse of information or data developed or gathered pursuant to this Agreement. CONTRACTOR shall immediately notify CTE if it experiences a loss or breach and, where required by applicable law, to State or federal officials. d) CONTRACTOR must flow-down CEC’s special terms and conditions for confidential information to any subrecipients, subcontractors, vendors, or other project partners that will be provided access to confidential information before such access is granted. 29 of 233

e) Exceptions. Data gathered on actual emissions to the air as part of the demonstration Project cannot be protected from disclosure.
20) PUBLICATIONS
a) CARB Requirements
Where applicable, CONTRACTOR agrees to acknowledge the California Climate Investments (CCI) program and CARB as a funding source and adhere to the CCI Funding Guidelines as outlined in the California Climate Investments Messaging and Communications Guide (https://www.caclimateinvestments.ca.gov/logo-graphics-request). Below are specifics requirements for acknowledgement.

Contractor agrees to include the CCI funding boilerplate and logo (see Figure 1) on all outreach and public facing materials whenever projects funded, in whole or in part by this Grant Agreement, are publicized in any news media, websites, brochures, publications, audiovisuals, or other types of promotional material.

The acknowledgement must read as follows: ‘[PROGRAM/PROJECT NAME] is part of California Climate Investments, a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment – particularly in disadvantaged communities.’ and whenever applicable, the Spanish translation acknowledgement: ‘[NOMBRE DEL PROGRAMA/PROYECTO]’ forma parte de las Inversiones del Clima de California, un iniciativa estatal que destine miles de millones de dólares de Cap-and-Trade para la reducción de gases de efecto invernadero, fortalecimiento de la economía y mejoramiento de la salud pública y el medio ambiente- especialmente en comunidades en desventaja.’ The CCI logo and name serves to bring under a single brand the many investments whose funding comes from the Greenhouse Gas Reduction Fund (GGRF). The logo represents a consolidated and coordinated initiative by the State to address climate change by reducing greenhouse gases, while also investing in disadvantaged communities and achieving many other co-benefits.

Figure 1: CCI logo
b) CEC Requirements.

No product or report produced as a result of work funded by this program shall be represented to be endorsed by the Energy Commission, and all such products or reports shall include the following statement:

LEGAL NOTICE
This document was prepared as a result of work sponsored by the California Energy Commission.

It does not necessarily represent the views of the Energy Commission, its employees, or the State of California. The Energy Commission, the State of California, its employees, contractors, and subcontractors make no warranty, express or implied, and assume no legal liability for the information in this document; nor does any party represent that the use of this information will not infringe upon privately owned rights.
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21) CONFLICT OF INTEREST
By entering into this Agreement, CONTRACTOR is or may be a direct or indirect recipient (“Recipient”) of funds received from or provided by the California Air Resources Board (“CARB”), and as such certifies, represents and warrants that he, she, it is in compliance with all applicable State and federal conflict of interest laws on the date said Agreement is signed and shall remain in compliance with all such laws during the term of this Agreement, and during all extensions. Recipient further certifies, represents, and warrants that he, she, it has no interest, and shall not acquire any interest, direct or indirect, which will conflict with Recipient’s ability to impartially perform under, or complete any tasks outlined in this Agreement, the CARB/CEC Agreements, or the Project Proposal.

The Recipient acknowledges, understands, and accepts that Recipient must disclose any direct or indirect financial interest or situation which may pose an actual, apparent, or potential conflict of interest with its duties. The Recipient acknowledges, understands, and accepts that the nature and extent of any actual, apparent, or potential conflict of interest may be a basis for disqualification from receiving any funds or termination of this Agreement. The Recipient certifies, represents, and warrants that Recipient will immediately advise CTE in writing of any potential new conflicts of interest as they arise.
22) CERTIFICATIONS AND COMPLIANCE
a) During the performance of this Agreement, CONTRACTOR and its subcontractors, consultants and agents shall ensure that no person is, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age (40 or over), mental disability, physical disability, medical condition, genetic information, marital status, veteran or military status, or sexual orientation, unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered under this Grant Agreement or funded with Grant Funds.
b) During the performance of this Grant Agreement, CONTRACTOR and its subcontractors, consultants, and agents shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment, because of race, religious creed, color, national origin, ethnic group identification, ancestry, physical disability, mental disability, reproductive health decision making (e.g. family-care leave, medical-care leave, or pregnancy-disability leave), medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 or over), sexual orientation, or veteran or military status, nor shall CONTRACTOR or any of its subcontractors, consultants or agents refuse to hire or employ any person or to refuse to select any person for a training program leading to employment, or bar or discharge any person from employment or from a training program leading to employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, religious creed, color, national origin, ethnic group identification, ancestry, physical disability, mental disability, reproductive health decision making (e.g. family- care leave, medical-care leave, or pregnancy-disability leave), medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 or over), sexual orientation, or veteran or military status
c) CONTRACTOR and its subcontractors, consultants, and agents shall ensure that the evaluation and treatment of all persons receiving or applying for Grant Funds or participating in any Grant programs, projects, or activities, along with all respective employees and applicants for employment, are free of such discrimination and harassment. 31 of 233

d) CONTRACTOR and its subcontractors, consultants, and agents shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 10000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a)-(f), set forth in Chapter 5 of Division 4.1 of title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference, and made part hereof as if set forth in full.
e) CONTRACTOR and its subcontractors, agents, and consultants shall give written notice of their respective obligations under this clause to labor organizations with which any may have a collective bargaining or other agreement. CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all contracts, subcontracts, and agreements where work is performed to fulfill any term or condition of this Agreement. 23) PREVAILING WAGE
a)Compliance. CONTRACTOR, as a material term of this Agreement, shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, CONTRATOR must either:
i) Proceed on the assumption that the Project is a public work and ensure that:
(1) prevailing wages are paid; and
(2) the project budget for labor reflects these prevailing wage requirements; and (3) the project complies with all other requirements of prevailing wage law including but not limited to keeping accurate payroll records, and complying with all working hour requirements and apprenticeship obligations;
ii) Timely obtain a legally binding determination from DIR or a court of competent jurisdiction before work begins on the Project that the proposed Project is not a public work.

If CONTRACTOR is unsure whether the Project is a “public work” as defined in the California Labor Code, it may seek a determination from the California Department of Industrial Relations (DIR) or an appropriate court. If CONTRACTOR does not timely obtain a binding determination from DIR or a court of competent jurisdiction that the Project is not a public work, before commencing work, CONTRACTOR shall assume that the Project is a public work and that payment of prevailing wages is required and shall pay prevailing wages unless and until such time as the Project is subsequently determined to not be a public work by DIR or a court of competent jurisdiction.
b) Indemnification and breach. Any failure of CONTRACTOR or its subcontractors to comply with the Prevailing Wage requirements herein shall constitute a breach of this Agreement that excuses CTE’s performance of this Agreement, at CTE’s option, and shall be at CONTRACTOR’s sole risk. Furthermore, CONTRACTOR agrees to indemnify and hold harmless CTE, CARB, and CEC for any and all financial consequences arising out of or resulting from CONTRACTOR’s failure to pay prevailing wage or any CONTRACTOR’s subcontractors’ failure to pay prevailing wage.
c) Certification. CONTRACTOR shall certify to CTE on each request for payment, either that (1) prevailing wages were paid to eligible workers who provided labor for work covered by the payment request and that CONTRACTOR and all subcontractors otherwise complied with all California prevailing wage laws, or (2) that the Project is not a public work requiring the payment of prevailing wages. In the latter case, CONTRACTOR shall provide competent proof of a DIR or court determination that the Project is not a public work requiring the payment of prevailing wages.
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24) REPORTING
CONTRACTOR acknowledges and agrees that this Project is subject to CEC and CARB project monitoring and reporting requirements, as further detailed in Attachments II and III. Required reporting includes, but is not limited to, Supporting Documentation, Status Reports, a Final Report, and Other Reporting, as defined in Article 9, Reporting and Documenting Expenditure of Grant Funds, of the CARB Grant Terms and Conditions and Article 6, Reports, of the CEC Grant Terms and Conditions. CONTRACTOR shall promptly and diligently comply with all reporting requests and provide CTE with any information, status, data, or results needed for any required monitoring. In addition, CONTRACTOR shall provide prompt notification of any circumstances that may place Project completion into jeopardy.

25) RECORDS AND AUDITS
a) Project Records. CONTRACTOR agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of Grant funds to a level of expenditure adequate to establish that such Grant funds have not been used in violation of CARB or CEC Grant Terms and Conditions. CONTRACTOR shall establish and maintain Project accounts in accordance with generally accepted accounting principles and CARB and CEC Grant terms and conditions including but not limited to those contained in Article 7.7, Article 7.8, Article 9 and Article 11 of the CARB Grant Terms and Conditions and Article 18 of the CEC Grant Terms and Conditions regarding fiscal management, Project records and adequate documentation of all significant actions relative to the Project. Such systems shall be sufficient to permit tracking of Project funds to a level of expenditure adequate to establish that such funds have not been used in violation of State law, CARB, or CEC Grant Terms and Conditions.
b) CONTRACTOR shall maintain records containing pertinent information (including billings, invoices, dates, length of time, services rendered, progress reports, records for nonexpendable personal property acquired with grant funds, etc.) for a period of five (5) years after expiration or termination of this Agreement.
c) Cooperation with Audits. CONTRACTOR agrees that CTE, CEC, CARB, the California Department of General Services, the California Department of Finance, the Bureau of State Audits, or any of their respective designated representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement and all Grant Funds received. CONTRACTOR warrants, represents, and agrees to cooperate fully, without delay, in all audits, inquiries and investigations initiated by any of the above parties concerning or relating to compliance with local, State, or federal air quality laws, or this Agreement, including but not limited timely submission of any and all records requested and full cooperation with any on-site inspections.
d) Flow down. CONTRACTOR agrees to include a similar audit right of CTE and the State in any subcontracts related to performance of this Agreement.
26) SEPARATE ACCOUNTS
When holding Grant Funds, CONTRACTOR shall not commingle Grant Funds with any other accounts, revenues, grants, donations, or funds and must maintain all such grant or subgrant funds in a separate bank account designated specifically for the purposes of carrying out the intent and purpose for which said funds were provided. The bank account must be held in the name of the CONTRACTOR (the official legal entity’s name, and not a dba), and under no other name, person, or entity. Funds received are NOT the assets of the CONTRACTOR. Grant and subgrant funds shall not be used as collateral for or an obligation to any debt, loan or other commitments of CONTRACTOR, its officers, agents, assigns, contractors, subcontractors, subgrantees or affiliates. CONTRACTOR shall ensure that CTE is designated in writing as a third-party beneficiary of and to all such bank 33 of 233

accounts in which said funds are maintained or held. Any interest earned on any held funds must be expended on eligible program costs or returned to the funding agency. 27) OVERSIGHT AND ACCOUNTABILITY
a) CTE, or its designed, reserves the right to audit at any time during the duration of this Agreement CONTRACTOR’s costs of performing and to refuse payment of any reimbursable costs or expenses that in the opinion of CTE or its designee are unsubstantiated or unverified.

CONTRACTOR shall cooperate with CTE or its designee including, but not limited to, promptly providing all information and documents requested, such as all financial records, documents, and other information pertaining to reimbursable costs, and any matching costs and expenses. b) CONTRACTOR shall comply with all oversight responsibilities and CTE, CARB, CEC, or their designee may recoup Grant Funds that were received based on misinformation or fraud, or as otherwise allowed under any other term or condition of this Agreement, the CARB Grant Terms and Conditions, the CEC Grant Terms or Conditions, or State law. c) CONTRACTOR represents, warrants, and agrees that upon notification by CTE or its authorized representative of an overpayment, a wrongful payment, or a violation of or failure to comply with any of the CARB or CEC Grant Terms and Conditions, the terms of this Agreement, the Solicitation Document terms, voucher or program requirements or obligations, CONTRACTOR will, without challenge or delay, remit to CTE or its authorized representative the requested amount within 60 calendar days from the date of issuance of said notice. 28) EQUIPMENT/VEHICLE OWNERSHIP
a) All personal property (including Equipment) and all real property acquired by CONTRACTOR or any of its subcontractors during the Term of this Agreement using, in whole or in part, any Grant Funds, is, upon acquisition, the exclusive property of CARB or CEC (whichever Grant Funds were utilized). Equipment is defined as having a useful life of at least three years from the date of purchase, having an acquisition unit cost of at least $5,000, and includes any products, objects, vehicles, computers, Intellectual Property, hardware, licenses, vessels, engines, machinery, apparatus, implements, or tools purchased, used, or constructed within the Term. CEC or CARB, within their discretion, may elect to determine the normal useful life of any real or any personal property which may be more than three years. All such real and personal property shall be used solely for the purposes of carrying out the obligations of this Agreement. b) If requested by CARB or CEC, the real or personal property shall be returned upon cancellation, termination, or expiration of this Agreement, whichever occurs first, and CARB and/or CEC shall solely determine the future use of all such real and personal property (inclusive of Equipment).

CONTRACTOR understands that CARB/CEC will not make any claims as to ownership of any vehicles, vessels, equipment, or infrastructure funded by Grant Funds, unless CONTRACTOR fails to perform or fulfill their commitments as set out in the Project Proposal and/or the executed CARB/CEC Grant. After expiration or termination of the Agreement, all acquired real and personal property that remains the property of CONTRACTOR shall continue to be used exclusively for the benefit of the Project, and shall NOT be sold, repurposed, abandoned, transferred, disassembled, destroyed, donated, leased, or used as security for a debt or collateral for a loan.
c) Vehicle Charging Infrastructure and Equipment. If CONTRACTOR utilizes Grant funds under this Agreement to install electrical charging equipment for use by on-road transportation vehicles, CONTRACTOR must obtain and provide:
a. An Assembly Bill (AB) 841 Certification that certifies the Project will comply with all AB 841 (2020) requirements or describes why the AB 841 requirements do not apply to the Project. The certification shall be signed by CONTRACTOR’s authorized representative.
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b. Electric Vehicle Infrastructure Training Program (EVITP) Certification Numbers of each EVITP certified electrician that will install electric vehicle charging infrastructure or equipment.
29) FORCE MAJEURE
Neither CTE nor CONTRACTOR shall be liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy or hostile governmental action, strikes, labor disputes, pandemics, fire or other casualty, inability to obtain labor or materials or reasonable substitutes for labor or materials necessary for performance of the services, or other causes, except financial, that are beyond the reasonable control of CTE or CONTRACTOR. Notwithstanding the above, if the cause of the force majeure event is due to a Party’s own action or inaction, then such cause shall not excuse that Party from performance under this Agreement. If either party intends to invoke this clause to excuse or delay performance, the party invoking the clause must provide written notice to the other party immediately but no later than within fifteen (15) calendar days of when the force majeure event occurs and reasons that the force majeure event is preventing that party from or delaying that party in performing its obligations under this Agreement. CTE may terminate this Agreement immediately in writing without penalty in the event CONTRACTOR invokes this clause.

If this Agreement is not terminated by CTE pursuant to this clause, upon completion of the event of force majeure, CONTRACTOR must recommence the performance of its obligations under this Agreement. CONTRACTOR must also provide a revised schedule to minimize the effects of the delay caused by the event of force majeure. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event nor is any Party relieved from those obligations which survive termination of this Agreement. 30) SITE VISITS
CTE, CARB, CEC and/or their designees have the right to make site visits at reasonable times to review Project accomplishments and management control systems and to provide technical assistance, if required. CONTRACTOR must provide and must require subcontractors to provide reasonable facilities and assistance for the safety and convenience of the representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work.
31) AMERICANS WITH DISABILITIES ACT (ADA)
CONTRACTOR must ensure that all products and services submitted to CTE and/or CARB or CEC, uploaded, or otherwise provided to or funded under this Agreement, or offered to or made available to the public by CONTRACTOR or any of its subcontractors, including but not limited to data, software, plans, drawings, specifications, reports, operating manuals, notes and other written or graphic work prepared in the course of performance of this Project (collectively, the “Work”), comply with Web Content Accessibility Guidelines 2.0 levels A and AA, and otherwise meet the accessibility requirements set forth in California Government Code Sections 7405 and 11135, the federal Americans with Disabilities Act (42 U.S.C. §12101 et seq.), and Section 508 of the federal Rehabilitation Act (29 U.S.C. §794d) and the regulations promulgated thereunder (36 C.F.R. Part 1194) (collectively, the “Accessibility Requirements”). For any Work provided in PDF format, CONTRACTOR, along with its subcontractors, shall also provide an electronic version in the original electronic format (for example, Microsoft Word or Adobe InDesign). CONTRACTOR agrees to respond to and resolve, at no cost to CTE, any complaint brought to its attention regarding accessibility of deliverables under this Agreement.
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32) FUNDING PROHIBITIONS
CONTRACTOR may use or authorize the use of Project funds only in any manner that is consistent with applicable laws, including California Constitution, article XVI, section 5, article IX, section 8, and federal law. CTE and CARB reserve the right to obtain additional information from CONTRACTOR and others to determine compliance with California Constitution, article XVI, section 5 and article IX, section 8. Failure to provide any requested information may result in denial of Administrative Fees, Grant Funds, future or termination of this Agreement or any other agreements.
33) AUTHORIZED SIGNATURE
CONTRACTOR agrees and acknowledges that it has signed or has authorized the signing of this Agreement with CTE, and by doing so hereby declares under penalty of perjury, under the laws of the State of California, that all statements and responses made in said grant, proposal, award, and/or this Agreement are true and correct, with full knowledge that all statements and responses are subject to investigation and that any incomplete, unclear, false, or dishonest response may be grounds for disqualification from receiving any existing or further funding or participating in any programs or projects using the CARB-provided or CEC-provided funds, or from doing business with the State of California or with CTE. CONTRACTOR acknowledges, understands, and accepts that by providing or making any false statements or providing false information, CONTRACTOR may be in a violation of the California False Claims Act (Government Code Section 12650 et seq.). CONTRACTOR certifies, represents, and warrants that the individual signing on its, his or her behalf herein below is an authorized representative of CONTRACTOR with full power and legal authority to sign below and by said signature CONTRACTOR is bound to and will comply with all terms, conditions and obligations set forth in this Agreement, grant, voucher, application and/or contract, as applicable. 34)MISCELLANEOUS
A.Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.

B.Assignment. Neither Party may assign, in whole or part, its respective rights or duties under this agreement to any third Party (except to a successor in interest to substantially all of the business of the assignor or those otherwise enumerated herein) without the prior written consent of the other Party.

C.Assurances. CTE reserves the right to seek further written assurances from CONTRACTOR that Work performed will be performed consistent with the terms of this Agreement.

D.Child Support Compliance Act. CONTRACTOR acknowledges that: (1) it recognizes the importance of child and family support obligations and shall fully comply with all applicable State and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and (2) to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

E.Clayton Act, Cartwright Act Claims. CONTRACTOR assigns to CARB all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) and, where applicable, under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from or relating to any and all purchases of goods, materials, or services by CONTRACTOR relating to their CARB/CEC Grant Agreement obligations. 36 of 233

F.Compliance with Laws. CONTRACTOR must prepare and obtain any required permits and environmental documents and shall comply with all applicable federal, state, and local laws, ordinances, codes, regulations and orders of public authorities in the performance of this Agreement. For Work involving installation or construction services, CONTRACTOR agrees that only licenses professionals will be used to perform services under this Agreement where such services are called for and licensed professionals are required for those services under California law.

G.Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered, shall be deemed an original, and all of which together shall constitute the same contract.

H.Drug Free Workplace. By signing this Agreement, CONTRACTOR certifies under penalty of perjury under the laws of the State of California that CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the actions outlined in the CEC Agreement, Article 11, subsection c, Drug-Free Workplace Certification.

I.Due Diligence. CONTRACTOR agrees to take timely actions which, taken collectively, move this Project to completion.

J.Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter of the Agreement and supersedes all previous oral and written agreements, understandings, and communications of the Parties relating to such matters.

K.Environmental Justice. In the performance of this Agreement, CONTRACTOR shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the State.

Equal access includes, but is not limited to, ensuring language barriers are fully addressed to the satisfaction of CARB and as otherwise required by local, state, or federal law.

L.Governing Law. This Agreement will be governed by and constructed in accordance with the laws of the State of California, USA, without regard to the conflict of laws principles thereof. Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Los Angeles, California, or in the United States District Court in and for the Central District of California.

M.Headings. Headings on the clauses of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.

N.Office of Foreign Asset Control. CONTRACTOR represents, warrants, and agrees that neither CONTRACTOR nor any of its subcontractors, affiliates, agents, employees, officers, representatives, or assigns are in violation of any federal law or laws pertaining to any entity or individual listed on any of the Office of Foreign Assets Control (“OFAC”) lists.

O.Order of Precedence. In the event of any inconsistency between the exhibits, attachments, specifications, or provisions which constitute this Agreement, the following order of precedence shall apply:
a. CARB Grant Agreement Cover Sheet
b. CARB/CEC Grant Terms and Conditions
c. This Agreement
d. CONTRACTOR Statement of Work
e. CARB/CEC Solicitation Packages
f. All other Exhibits incorporated into the Grant Agreement as listed on the Grant Agreement Cover Sheet
P.Priority Populations. CONTRACTOR, for the purposes of this Project, will ensure that the Project benefits designated priority populations, as identified by CalEnviroScreen 4.0. 37 of 233

Q.Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6- 22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law.

By their signature below, CONTRACTOR certifies that they are not a target of Economic Sanctions and understands and agrees that if it is later determined they are a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that it shall be grounds for termination of this Agreement.

R.Severability. Should any part of this agreement be rendered or declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of any other provision, which shall remain in full force and effect.

S.Subcontracting. CONTRACTOR may subcontract with third party providers in performance of specific tasks included in CONTRACTOR’s Statement of Work. In the event that subcontractors are used, CONTRACTOR must notify CTE of the intent to use subcontractors and obtain CTE approval. CONTRACTOR shall ensure subcontractor adherence to the same quality standards and assurances required of CONTRACTOR, including adherence to applicable Federal Terms and Conditions and non-disclosure agreements.

T.Survival of Terms. CONTRACTOR acknowledges, agrees, and accepts that those terms, conditions, provisions, and exhibits which by their nature should survive termination, cancellation or expiration of the grant, award, contract, voucher, subcontract, or this Agreement, shall so survive, including but not limited to those sections and provisions pertaining to indemnity, records and audits, oversight and accountability, third party beneficiary status, return or recapture of funds, data security, insurance, confidentiality, and the general provisions.

U.Timeliness. Time is of the essence in this Agreement. CONTRACTOR shall proceed and complete their Work under the Project in an expeditious and timely manner.

V.Non-limitation. Nothing stated herein above in any way limits, prevents, or precludes the State of California or CTE from taking any enforcement action, exercising any police power, or prosecuting any violation of law against CONTRACTOR, its employees, officers, agents, assigns, representatives, contractors, subcontractors, affiliates, grantees, sub awardees, subgrantees, or any third parties.

W.Waiver. No waiver of any rights with respect to a default or other matter arising under this Agreement shall be held to be a waiver of any of rights with respect to any other default or matter. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided therein or by law.

IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives on the day and year first written above. 38 of 233

Center for Transportation & the
Environment (CTE):

By:

Title:

Date:

Read, agreed to, and accepted by City of
Glendale:

By:

Title:

Date:

Enclosures:

Attachment I: CONTRACTOR Statement of Work
Attachment II: CARB Grant Terms & Conditions (“CARB Agreement”) Attachment III:CEC Grant Terms & Conditions (“CEC Agreement”) Attachment IV: Project Proposal
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Attachment I: CONTRACTOR Statement of Work
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Attachment II: CARB Grant Terms & Conditions (“CARB Agreement”) 41 of 233

Attachment III: CEC Grant Terms & Conditions (“CEC Agreement”) 42 of 233

Attachment IV: Project Proposal
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AGENDA ITEM

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL
Report: Organizational Strategic Plan
1) Motion to Note and File Report

COUNCIL ACTION

EXECUTIVE SUMMARY
The Organizational Strategic Plan outlines key projects and strategic initiatives that will guide the City’s efforts over the next three years. While the City continues to provide essential daily services, this plan focuses on major initiatives that align with City Council priorities and enhance the organization’s effectiveness.

The plan identifies lead departments and project timelines, ensuring realistic execution based on available funding and capacity. Some projects may require additional resources, and their feasibility will be assessed as funding becomes available.

Four overarching goals define the City's strategic direction:
•Financial Sustainability and Organizational Health
•Community Well-being and Economic Development
•Quality Infrastructure and Environmental Stewardship
•Diverse Housing and Livable Neighborhoods
Developed through input from City Council priorities and the Executive Management Team, this plan is coordinated by the City Manager’s Office, which will oversee progress reporting.

Item Type: Action Item
Approved for3/11/25 calendar
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RECOMMENDATION
Council to note and file this report.

BACKGROUND AND ANALYSIS
The Organizational Strategic Plan (Exhibit 1) has been created to provide the City Council and staff with a comprehensive list of major projects and strategic initiatives over the next three years.

Our organization delivers significant services on a day-to-day basis. These are the backbone of what we do for our community. Supplementing these are important projects that move our community forward, meet critical needs, and help us plan.

Council priorities are represented within this Organizational Strategic Plan, as are major projects of importance to the effective functioning of the organization. Day-to-day operations are not included. The Organizational Strategic Plan indicates which department has lead responsibility along with timelines associated with each project or strategic initiative.

It is the intent of this document that the items included be those that are realistic in terms of funding and organizational capacity. Several projects are noted for which funding and/or staffing capacity are not currently known to be available. As resources become available, we will reassess the timing of those items.

Content for the Organizational Strategic Plan was provided through a review of City Council priorities, interviews with City Council and input from the Executive Management Team. The City Manager’s Office is coordinating this effort and will be reporting progress on this plan.

Four multi-year goals have been defined. They are intended to encompass the City Council’s priorities:

1. Financial Sustainability and Organizational Health: Provide prudent financial planning, foster employee well-being, support an engaged and equitable organization, and continuously improve in all we do.

2. Community Well-being and Economic Development: Provide quality services for a safe and clean community, encourage our vibrant business and arts sector, engage with our residents, and offer recreational and library services that meet community needs and interests.

3. Quality Infrastructure and Environmental Stewardship: Provide for energy reliability, environmental stewardship, and well planned and maintained utilities, parks, streets, libraries, community centers, and other infrastructure.

4. Diverse Housing and Livable Neighborhoods: Provide for a diverse array of high-quality housing types to meet a variety of affordability needs and sustain livable neighborhoods with appropriate amenities such as parks and libraries. 45 of 233

FISCAL IMPACT
There is no fiscal impact associated with approving the Organizational Strategic Plan.

Projects and initiatives without identified funding will be considered through the City’s annual budget process or brought to the City Council individually as funding opportunities arise.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
N/A

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION

1. Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Roubik R. Golanian, P.E., City Manager
Approved by:

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

EXHIBITS
Exhibit 1: Organizational Strategic Plan
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the City Council hereby notes and files the Report dated March 11, 2025, by the City Manager regarding the City’s Organizational Strategic Plan 2025-2027.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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Organizational
Strategic Plan
2025 - 2027
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02 Overview of Glendale
01 Executive Summary
06 Organizational Strategic
Plan Overview
06 Mission and Values
17 Moving Forward
05 Accomplishments
and Challenges
09 Major Projects
and Strategic Initiatives
08 Multi-Year Goals
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Executive Summary
This Organizational Strategic Plan
has been created to provide the City
Council and staff with a comprehensive
list of major projects and strategic
initiatives over the next three years.

Our organization delivers significant services on
a day-to-day basis. These are the backbone of
what we do for our community. Supplementing
these are important projects that move our
community forward, meet critical needs, and
help us plan for the future.

Council priorities are represented within this
Organizational Strategic Plan, as are major
internal projects of importance to the effective
functioning of the organization. Day-to-day
operations are not included. The Organizational
Strategic Plan indicates which department has
lead responsibility and has timelines associated
with each project or strategic initiative.

It is the intent of this document that the items
included be those that are realistic in terms
of funding and capacity. Several projects are
noted for which funding and/or staffing capacity
are not currently known to be available. As
resources become available, we will assess the
timing of those items.

Content for the Organizational Strategic
Plan, was provided through a review of City
Council priorities and input from the Executive
Management Team. The City Manager’s Office
is coordinating this effort and will be reporting
progress on this plan.

Organizational Strategic Plan | 01
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Overview of Glendale
The City of Glendale is nestled near the Verdugo Mountains and is home to a population of just over 190,000. The City is known for its diverse community, with a significant Armenian population.

It has a median household income of $81,219 and a median age of 42.5. Glendale is home to major employers in the healthcare and retail sectors, and its location provides easy access to both downtown Los Angeles and the San Fernando Valley. The City is home to several museums and galleries, reflecting its diverse arts and cultural scene. The Americana at Brand, a popular outdoor shopping and entertainment center, is a key attraction.

Since its incorporation, Glendale has been a charter city governed by a City Council/City Manager form of government. Five Councilmembers are elected at-large and serve 4-year staggered terms. Each year, the Mayor’s position is rotated among the five Councilmembers. The Mayor serves a largely ceremonial role, presiding over meetings and representing the City at official events.

The day-to-day administration of the City is handled by a professional City Manager, who is appointed by the City Council. The City Manager acts as the Chief Executive Officer responsible for implementing the Council’s policies, managing city operations, and overseeing the various city departments. This form of government allows for a balance between elected leadership and professional management, aiming to ensure that the City’s operations are conducted efficiently while remaining responsive to the needs of the community. 02 | City of Glendale
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The numbers above are according to the U.S. Census
Bureau, Department of Finance, and/or city documents
1906
Year of Incorporation
over 190k
Population
1,644
Total Full Time Employees
64%
Speak a Language Other
Than English at Home
22 Boards and Commissions

30.6 Square Miles
$1.2B
FY 2024-25 Budget

42.5 Median Age
$81,219
Median Household Income
78,332
Total Housing Units
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Organizational Chart
City Attorney
City Manager
City Council
Boards and
Commissions
Police
Public Works
Library, Arts
& Culture
Human Resources
Glendale
Water and Power
Information
Technology
Finance
Fire
Community
Development
Community
Services & Parks
City Treasurer
City Clerk
Electorate
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Accomplishments and Challenges
Among the City’s many recent accomplishments are the following:

Adoption of the City’s updated Housing Element to meet future housing needs from 2021 through 2029, while celebrating the completion and approval of new affordable housing projects with 500+ units: 900 E. Broadway (127 units), 920 E. Broadway (66 units), and 515 Pioneer Drive (340 units).

Development of the Grayson Energy Center, with multiple units demolished and site demolition concluded to grade. Three Wartsila engines have been purchased and construction is under way.

Adopted Phase I of the Glendale Safe initiative to add 23 new sworn police positions. The 23 new police officer positions will include more patrol officers, traffic motorcycle officers, and additional school resource officers.

Achievement of technological advancement in the launch of the Real Time Intelligence Center, a platform that centralizes both real-time and historical data sources to aid in proactive police work. This initiative is complemented by the deployment of 73 traffic cameras, body-worn cameras, Flock cameras, and automatic license plate readers, with plans for further expansion.

The City is grappling with several challenges as it navigates an increasingly complex financial and operational environment.

These challenges include:

Workforce recruitment and retention remain difficult in a competitive labor market, while succession planning becomes increasingly important as the pace of retirements increases.

Training and professional development will continue to be critical to keep up with evolving technology, staff turnover, and new mandates.

Financial resources are under strain as rising costs outpace declining revenue growth, with unfunded mandates from the state adding pressure, along with impacts of January 2025 windstorms. This growing gap between revenues and expenditures complicates efforts to maintain essential services and launch new initiatives.

Aging infrastructure, including parks, fire stations, sewer and water systems, and electric systems, requires significant investment to bring it up to modern standards and ensure it meets the needs of the community.

Community engagement efforts are evolving to reach residents in new ways, especially as many are busy and hard to engage. The City also is working on plans to enhance our efforts in reaching our diverse, multi-lingual and multi-cultural population by offering a variety of communication methods.

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Mission and Values

MISSION
VALUES
There are many possible terms available in a document like this Organizational Strategic Plan. The terms used here are defined below. The goals shown below are intended to reflect the interests expressed by members of the City Council in their interviews with Raftelis’ facilitator early in the process of identifying priorities. Goals also encompass the core work carried out by the City of Glendale.
• Goals: Long-term aspirations in four essential categories. Council policies, projects, initiatives, and core city services are aligned to help the City reach these goals over a period of years. • Major Projects and Strategic Initiatives: Significant items that are not ongoing work that are funded or likely to be funded in the three years of this Organizational Strategic Plan. They reflect Council priorities and/or important initiatives that support the work of the organization and have a start and end-point. • Lead Department: Department that will be leading the effort, in collaboration with other city departments. • Timeline: During the three years of this Organizational Strategic Plan, major progress will be made during the year(s) shown or the work will be completed. In some cases, the project will extend beyond the three years of the Organizational Strategic Plan.

This Organizational Strategic Plan contains a new mission statement and set of values. These were created by the Executive Management Team during a work session held on October 2, 2024.

Organizational Strategic Plan Overview
A mission statement is to tell the purpose of the organization.

The City’s new mission is:

Dedicated to creating and sustaining a safe, well-maintained, and thriving community for all.

Values reflect the expected behaviors of the people within the organization.

The top values identified by the Executive Management Team are:
• Integrity: We are trustworthy, do what we say we will do, and are honest in all aspects of our work.
• Communication: We keep each other and our community informed, practice effective teamwork, and provide information with transparency, clarity and promptness.
• Professionalism: We provide leadership in our areas of expertise, continually improve our skills and competence, do our work with fiscal responsibility, and plan for the future well-being of the community.
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“Teamwork
gives you
the best
opportunity
to turn vision
into reality.
--John C. MaxwellJohn C. Maxwell
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Multi-Year Goals
Four multi-year goals have been defined as part of
this process. They are intended to encompass the City
Council’s priorities and what we are aiming for over
a period of years. Our annual budgets and capital
improvement plans, along with our core city services,
are all in support of these goals.

Goal C - Quality Infrastructure and Environmental
Stewardship: Provide for energy reliability, environmental stewardship, and well planned and maintained utilities, parks, streets, libraries, community centers, and other infrastructure.

Goal A - Financial Sustainability and Organizational
Health: Provide prudent financial planning, foster
employee well-being, support an engaged and equitable
organization, and continuously improve in all we do.

Goal B - Community Well-being and Economic
Development: Provide quality services for a safe and clean community, encourage our vibrant business and arts sector, engage with our residents, and offer recreational and library services that meet community needs and interests.

Goal D - Diverse Housing and Livable Neighborhoods:

Provide for a diversity of high-quality housing types to meet a variety of affordability needs and sustain livable neighborhoods with appropriate amenities such as parks
and libraries.
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Major Projects and Strategic Initiatives
The following pages contain the major projects and initiatives associated with each goal. Each goal contains two sections.

The first section is funded projects and initiatives that the Executive Management Team believes are realistic to achieve, either to completion or important milestones if the project will extend beyond the three-year duration of the Organizational Strategic Plan.

The second section is a list of major projects or strategic initiatives that are anticipated but are not currently funded or for which staff capacity may not be available during the three years of this Organizational Strategic Plan. Staff will seek funding for these projects and initiatives, and if new resources become available, projects can proceed.

As a note, many of the projects listed were underway prior to the 2025 start of this Organizational Strategic Plan. The timeline noted indicates when the project will be either fully completed or significant milestones will be achieved.

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GOAL A - FINANCIAL SUSTAINABILITY

AND ORGANIZATIONAL HEALTH
Provide prudent financial planning, foster employee well-being, support an engaged and equitable organization, and continuously improve in all we do.

Major Projects and Strategic Initiatives
Cost Recovery | 2025-2026
Develop a cost recovery policy consideration
to align user fees with the cost of providing
applicable services.

FINANCE
Cybersecurity | 2025
Strengthen cybersecurity capacity through
upgrades, new systems, additional job
classifications, and annual testing.
311 System | 2025-2026
Conduct needs assessment, issue RFP , and
conduct vendor selection to implement a
new 311 system to intake and manage citizen
requests and relations management system.

AI Chatbot | 2025
Implement a plan for a city website to
improve customer experience.

Dashboard Visualization for Enhanced
City Decisions* | 2026
Develop ESRI dashboards and applications
to improve asset management and data-
driven decision-making.

INFORMATION TECHNOLOGY
Employee Development | 2025-2027
Implement a structured leadership and employee
development training program aimed at increasing
leadership and management competency,
employee engagement and development,
recruitment and retention, and equity and
inclusiveness awareness.

HUMAN RESOURCES
Communications and Outreach | 2025
Conduct a thorough assessment of existing
communication and outreach efforts, develop
a set of recommendations, and implement
recommendations.

Lobbying/Advocacy | 2025
Enhance and heighten Glendale’s interests at the
state and federal level, including advocating for
legislation and actively seeking grant funding.

CITY MANAGER’S OFFICE
NeoGov | 2025
Implement NeoGov software across all departments,
reducing manual administrative tasks and decreasing
the overall time-to-hire.

HUMAN RESOURCES/

INFORMATION TECHNOLOGY
Projects noted with an * indicate partial funding
City Records | 2025-2027
Launch city records digitization, records
maintenance, and destruction policy/
process/program.

CITY CLERK
Transportation Impact Fee | 2025-2026
Develop a Transportation Impact Fee program.

COMMUNITY DEVELOPMENT

FUNDEDFUNDED
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Centralized Procurement
Implement centralized procurement including
Glendale Municipal Code (GMC) revisions and
process improvements to increase efficiencies.

FINANCE
Employee Recognition
Conduct an employee survey to establish
programs for celebrating department wins and
awards to recognize staff.

CITY MANAGER’S OFFICE; HR
Permit and Entitlement Process Improvements
Improve and reduce overall permit timelines by
creating simplified processes for permits and
entitlements.

COMMUNITY DEVELOPMENT
Funding Strategy
Develop an overall funding strategy to plan for needed
infrastructure, including fire stations, library relocation/ reconstruction, open spaces for parks, and other city
infrastructure needs.

ALL DEPARTMENTS; FINANCE AND
CITY MANAGER’S OFFICE TO LEAD
11 FUNDEDFUNDED

NOT CURRENTLY FUNDEDNOT CURRENTLY FUNDED
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GOAL B - COMMUNITY WELL-BEING

AND ECONOMIC DEVELOPMENT
Provide quality services for a safe, clean community, encouraging our vibrant business and arts sector, engaging with our residents, and offering recreational and library services that meet community needs and interests.

Arts, Culture and Entertainment
Destination | 2026-2027
Expand the Creative Crosswalks program, explore
opportunities for sister city collaborations, and
prepare a cultural arts strategic plan in advance of
the 2028 Olympics and Paralympic Games.

LIBRARY, ARTS AND CULTURE;

PUBLIC WORKS
Public Art | 2026-2027
Install public artwork at the Glenoaks Boulevard
median, the Montrose Circular Benches, the
Fremont Park Columns, and the Palmer Park
Basketball Court.

Electric Bookmobile | 2026
Complete the new plan of service for the Electric
Bookmobile.

LIBRARY, ARTS AND CULTURE
Vision Zero | 2026
Complete development of the Vision Zero policy.

Bicycle Transportation Plan | 2025
Complete the Citywide Bicycle Transportation
Plan.

COMMUNITY DEVELOPMENT
Pedestrian Safety* | 2027
Implement Phase 2 project of the Citywide
Pedestrian Safety Plan throughout various
CIP projects as the corridors are due for
street rehabilitation.

Beeline* | 2026
Complete a comprehensive operational
analysis of Beeline.

PUBLIC WORKS
Glendale Safe Initiative | 2025-2027
Implement Phase 1 by adding 23 new sworn
police positions.

Expand Real Time Intelligence Data
Canter | 2025
Fully implement and staff this new center.

POLICE
Economic Development | 2025-2027
Update and implement the Economic
Development Strategic Plan.

COMMUNITY DEVELOPMENT
Projects noted with an * indicate partial funding

FUNDEDFUNDED
Major Projects and Strategic Initiatives
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Homelessness
Implement Homeless Action Plan to reduce
homelessness.

COMMUNITY SERVICES AND PARKS
Traffic Safety Enforcement and Education
Increase services such as directed traffic enforcement at school zones, educational meetings, special operations (DUI, distracted/impaired driving, and pedestrian/bike safety); and secure annual grant funding.

POLICE
Cultural and Entertainment Programming
Develop new cultural and entertainment
programming in consultation with the Arts
and Culture Commission to support the
business community regarding fiber
connectivity.

Community Cleanliness
Enhance code enforcement
to be more focused with
faster response times to
maintain community
cleanliness.

COMMUNITY DEVELOPMENT

NOT CURRENTLY FUNDEDNOT CURRENTLY FUNDED

FUNDEDFUNDED
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Projects noted with an * indicate partial funding

GOAL C - QUALITY INFRASTRUCTURE

AND ENVIRONMENTAL STEWARDSHIP
Provide for energy reliability, environmental stewardship, and well-planned and maintained utilities, parks, streets, libraries, community centers, and other infrastructure.

Climate Action and Adaptation Plan | 2026
Present the Climate Action and Adaptation Plan to City Council to consider adoption.

CITY MANAGER’S OFFICE
South Glendale Greenspace | 2025-2027
Identify sites for acquisition of property to add greenspace and/or athletic fields in South Glendale.

COMMUNITY SERVICES AND PARKS
Fire Stations | 2026
Complete Phase 1 programming and preliminary design guidelines for the reconstructions of three fire stations (F26, F28, F29), to include library integration or relocations at stations 26 and 29.

Transportation Networks* | 2025-2027
• Update the Emergency Vehicle Fire Response Route map and upgrade signal preemption to GPS for Fire and Police vehicle detection.
• Implement four Highway Safety Improvement Program grants to upgrade signs and enhance pedestrian safety.
• Install Accessible Pedestrian Systems in Downtown Glendale for safe crossings for pedestrians with limited vision.
• Integrate complete streets strategies into Capital Improvement Program projects to improve safety and connectivity for all users (pedestrians, bicyclists, vehicle and transit users).

Fleet Electrification | 2025-2027
Implement funded phases of city fleet electrification.

Central Park | 2027
Complete the Central Park project.

PUBLIC WORKS

FUNDEDFUNDED
Major Projects and Strategic Initiatives
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Solar Energy | 2025
Develop a plan to increase solar penetration and
develop additional distributed energy resources.

WATER AND POWER
Electric Vehicle Chargers | 2025-2027
Increase electric vehicle chargers per capita in Glendale.

Water System Master Plan | 2026
Develop a capital improvements plan phasing and
prioritize improvements to meet operational goals and
provide a reliable system to meet current, future, and
emergency demands.

Recycled Water Master Plan | 2026
Prepare a master plan with the objective of diversifying water supply, reducing reliance on imported water and
pursuing investments in water reuse.

WATER AND POWER
Scholl Canyon
Perform strategic planning for the future of Scholl
Canyon landfill to identify feasible development
alternatives of each portion of the site.

Facilities
Implement the annual facilities condition assessment
recommendations for maintenance of facilities.

PUBLIC WORKS, COMMUNITY

SERVICES AND PARKS

NOT CURRENTLY FUNDEDNOT CURRENTLY FUNDED

FUNDEDFUNDED
Rockhaven | 2026
Implement Phase 1 and identify funding for additional
phases and operations (public park and museum) on
the former Rockhaven Sanitarium property.

COMMUNITY DEVELOPMENT

AND PUBLIC WORKS
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Projects noted with an * indicate partial funding

GOAL D - DIVERSE HOUSING

AND LIVABLE NEIGHBORHOODS
Provide for a diversity of high-quality housing types to meet a variety of affordability needs and sustain livable neighborhoods with appropriate amenities such as parks and libraries.

City-Led Housing Developments* | 2025-2027
Identify new sites for future housing developments.

Zoning and Development Standards | 2025
Complete zoning and development standards
changes for mixed use and multi-family objective
design standards.

Long-Term Growth and Planning Initiatives*
| 2025-2027
Develop a community plan for the East and West
portions of the City, including historic survey, and a
plan for city-owned properties.

Land Use Element | 2025
Complete the update of the Land Use Element as well
as associated zoning.

City-Owned Parking Lots | 2025
Identify highest and best use for city-owned
parking lots
Housing
Identify opportunities for increasing home ownership..

COMMUNITY DEVELOPMENT
Tree Canopy Plan | 2027
Continue with annual tree plantings in accordance
with the 25% citywide tree canopy goal.

PUBLIC WORKS

FUNDEDFUNDED
Major Projects and Strategic Initiatives
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This Organizational Strategic Plan
is intended to guide our work in
support of key City Council priorities.

A new mission statement and set of
values have been articulated as part
of the process of creating this plan.

Those are fundamental to our overall
approach to how we carry out our
services on a day-to-day basis.

Thank you to each person
who helped create this
Organizational Strategic
Plan. We look forward to
utilizing it as a tracking and
communication vehicle to
convey progress on many of
the critical projects underway
in our organization.

Moving Forward
Teamwork across our organization and
partnership with the City Council is always
fundamental to our success. It matters
whether we are delivering our core services
or implementing a critical project. This
Organizational Strategic Plan relies on teamwork
in its implementation. The major projects and
strategic initiatives included will involve multiple
departments, with staff working collaboratively.

The items in this plan will be tracked and
reported on periodically. We will communicate
progress to the organization and City Council.

Lead responsibility for tracking and reporting
will be with the City Manager’s Office, with
input from all city departments.

Implementing, Tracking,
and Communicating
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613 E. Broadway, Glendale, CA 91206
(818) 548-4844 | glendaleca.gov
Prepared by:
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Consideration of Development Standards and Conditional Use Permit for Drive Through Restaurant Facilities

1. Provide Direction to Staff as it Pertains to Potential Development Standards or Conditional Use Permit Process for Drive Through Facilities

COUNCIL ACTION
Item Type: Action Item
Approved for March 11, 2025 calendar

EXECUTIVE SUMMARY
At the March 4, 2025 City Council meeting, Council expressed interest in discussing and comparing the previously proposed Conditional Use Permit and the potential development standards that could be applied to new drive through restaurant developments. The consideration of new standards or a new process is in response to the impacts that drive throughs have had on surrounding neighborhoods, such as overflow onto city streets and noise. The information put forth is to provide a comparison of the two different potential solutions, and to request direction from Council on which alternative will provide the desired outcome to mitigate these impacts. 68 of 233

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RECOMMENDATION
To provide direction to staff as it pertains to the potential creation of new development standards or Conditional Use Permit process for drive through restaurant facilities.

ANALYSIS
On August 13, 2024, CDD staff introduced an ordinance to amend the zoning code requirements for drive-through establishments to include creating definitions for drive- throughs and implementing a conditional use permit (CUP) process. On August 20, 2024, adoption of the ordinance failed with 3 in favor and 2 opposed, where a 4/5th vote is required. On November 19, 2024, Councilmember Brotman requested this topic be brought back as an informational item regarding development standards specific to new drive-through establishments. Staff returned to Council on March 4, 2024 with alternatives for development standards. Council expressed an interest in returning with more information regarding the standards, as well as the difference between the development standards and the previously proposed CUP.

The March 4, 2025 discussion focused on standards that related to minimum lot size, minimum queuing length, and distance from residential developments. Other standards would also be considered in the process, but the aforementioned standards represent the best alternatives to mitigate the concerned impacts of drive through facilities The original consideration for development standards would create four tiers based on the estimated trip generation of each facility, and were defined as such:

Tier 1: Fast-food restaurants that generate significantly fewer trips than the average rates estimated in the Institute of Transportation Engineers Trip Generation Manual.

Tier 2: Fast-food restaurants that generate trip rates comparable to the averages in the Institute of Transportation Engineers Trip Generation Manual.

Tier 3: Fast-food restaurants that generate significantly more trips than the rates estimated in the Institute of Transportation Engineers Trip Generation Manual.

Tier 4: Coffee shops with a drive-through operation.

Council also noted a desire to eliminate the use of public alleys to serve as queuing space for any drive through. This could be accomplished by prohibiting access from alleys to drive through facilities, or prohibiting the use of alleys only for queueing. During the Council meeting it was suggested to consider a minimum queuing length of 1000’ for Tier 3 restaurants and a minimum of 250’ from residential uses, schools, hospitals, parks, police stations, and fire stations. An estimated minimum lot size would need to be 69 of 233

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in relationship to the minimum queuing length to ensure that the queuing area would fit within the lot.

The benefit of development standards is that they would provide clear and objective standards that are predictable and known to applicants. This allows for proposals that can be checked against these objective standards with a clear compliance or failure to comply determination, utilizing standards that are based upon the Institute of Transportation Engineers Trip Generation Manual. The challenge with the Institute of Transportation Engineers Trip Generation Manual is that it severely underestimates trip generation for restaurants that are extremely popular or accounting for the shifting popularity that drive throughs have experienced since the pandemic. As such, a standard was developed by measuring existing drive throughs in Glendale. As acknowledged during the prior Council meeting, even this standard falls short of accommodating some of the current conditions that Glendale has experienced with drive throughs, which will ultimately require even larger requirements for queuing and lot size.

Part of the challenge of development standards are the rigidity. As seen during different significant events like the pandemic, demand can change leading to increased usage of drive through facilities that may no longer be able to accommodate with negative impacts that could spill off site. The rigidity of the development standards would also make it more challenging to make changes if conditions are impacted shifting market and utilization conditions. Inadvertently, if standards are set too high, it may make some drive throughs prohibitive and inversely if they are set too low may not effectively mitigate negative impacts. The limited flexibility in standards such as queuing length or lot size, even when assigned to tiers may not allow for standards to address unique and local conditions per location. Additionally, a project can always apply for a variance to deviate from the standards, but a variance runs with the land and would be granted to any subsequent businesses with no expiration.

Another challenge with development standards is the ability to retroactively address challenges. As seen with existing drive throughs, development standards have not maintained pace with the demand of some locations. The rigidity of the development standards does not allow for modifications or increases in certain requirements. As such, the existing facility may be in compliance with the development standards, but the demand far exceeds. This creates conditions such as queuing lengths that are too short, rendering the City with limited to no options to require modifications that may be mitigate the negative impacts, as the development is in full compliance with the code.

The benefit of a CUP is that it still incorporates development standards or baseline requirements while providing flexibility for staff to condition the project based on unique 70 of 233

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circumstances or contextual sensitives. This is particularly effective as it relates to the required queuing length as any application would need to submit a trip generation and queuing analysis study that would be evaluated by Community Development and Public Works. The CUP will require existing standard findings regarding consistency with the General Plan, impacts to public health or safety, and potential conflicts with uses within 500 feet of the proposed project, as follows:
•That the proposed use will be consistent with the various elements and objectives of the general plan.
•That the use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment. •That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property. •That adequate public and private facilities such as utilities, landscaping, parking spaces and traffic circulation measures are or will be provided for the proposed use.

The proposed ordinance requires three additional CUP findings specific to drive through restaurants, as follows:
•That the proposed drive-through establishment has adequate vehicle queuing distance, including due consideration for menu board location(s), clear of any adjacent public right-of-way, and shall not create any vehicular or pedestrian travel hazards as demonstrated in a traffic study prepared to the satisfaction of the Director of Public Works.
•That the proposed location of the drive-through establishment will not result in adverse impacts on the surrounding neighborhood after considering a litter clean- up plan and the hours of operation, site plan, and includes buffering sufficient to control any spillover impacts, including but not limited to noise, light, and debris. •That the location and design of the facility is compatible with the existing surrounding uses, includes a prominent main entrance at street or lot frontage, attractive landscaping, and includes sufficient pedestrian amenities in the street lot frontage, and interior floor area.

As part of the original CUP proposal, drive throughs would be allowed only in C2, C3 and CH zones, limiting their impact on other uses such as residential.

Concerns were raised that since the CUP does have the flexibility to condition a project in response to its location and traffic and queuing analysis, it could lead to inconsistent requirements or treatment of applicants. The CUP is a process that the City has in place for other types of applications, such as banquet halls, and has not encountered challenges of this nature to date. When conditions are applied, they are then presented to the reviewing authority where the conditions are further assessed and may be modified, eliminated, or added. Additionally, Conditional Use Permits can be appealed if 71 of 233

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an applicant believes that conditions have been unfairly applied or inappropriate for a project.

As previously stated, development standards do not allow staff to go back and request modifications if the conditions of a development prove to have negative impacts.

Conditional Use Permits require renewals, allowing staff to continue to monitor and evaluate a development, and applying new conditions at points of renewal if necessary.

Next Steps
Pending Council direction, each alternative presents different timelines. If Council directs staff to create development standards, the estimated timeline would be approximately 6 months with current workload. Research and alternatives will need to be developed and presented to Council, Planning Commission, and potentially other boards and commissions for feedback. If Council directs staff to proceed with the Conditional Use Permit, staff projects a completion timeframe of 60 days or less. As the ordinance has already been written, it will require less review and can be returned to Council in a short period of time. If Council chooses either of the alternatives, staff will also be seeking direction on pipeline status. Typically, Council has established a threshold of receiving a Design Review approval or building permit approval in order to be exempt from land use code changes. For reference purposes, there is currently one pre-application for a drive through restaurant facility (a pre-application approval is required to move onto a Design Review application), and a handful of inquiries regarding various existing drive-throughs to be converted to new businesses.

STAKEHOLDERS/OUTREACH
No outreach has been conducted as part of this analysis. Additional outreach and public meetings would be a part of either alternative

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

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Staff is seeking direction only. CEQA review will be completed prior to any Zoning Code amendment.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION

1. Direct staff to proceed with establishing the Conditional Use Permit process for 72 of 233

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drive through facilities.

2. Direct staff to proceed with drafting alternatives for development standards for drive through facilities.

3. Any other alternative not provided by staff.

ADMINISTRATIVE ACTION
Submitted by:

Bradley Calvert, Director of Community Development
Prepared by:

Bradley Calvert, Director of Community Development
Approved by:

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

EXHIBITS/ATTACHMENTS

1. Council report from the March 4, 2025 meeting

2. Council report from the August 20, 2024 meeting

3. Draft ordinance establishing a Conditional Use Permit process for drive throughs from the August 20, 2024 meeting.
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MOTION
Moved by Council Member ____________________________, seconded by Council Member ____________________________, that regarding the Report to Council dated March 11, 2025 regarding Consideration of Development Standards and Conditional Use Permit for Drive Through Restaurant Facilities (“Report”), the Council provides direction as follows:

Vote as Follows:

Ayes:

Noes:

Absent:

Abstain:

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Drive-Through Technical Report: Design and Procedures for Evaluating Developments with Drive-Through Operations

1. Motion to Provide Direction to Staff Regarding Design and Procedures for Evaluating Developments with Drive-Through Operations

COUNCIL ACTION
Item Type: Action Item
Approved for March 4, 2025 calendar

EXECUTIVE SUMMARY
In response to a growing number of applications for modifications to existing and new construction of drive-through establishments, the City Council enacted a moratorium on drive-through establishments on September 27, 2022. This decision aimed to address safety, aesthetics, traffic and environmental concerns associated with such developments. The city engaged JB & Associates, a traffic and transportation consultant with expertise in drive-through analysis and design, to study and develop solutions for drive-through establishments in Glendale. There were also two extensions to the moratorium adopted, until September 26, 2024, to allow staff time to review existing requirements and develop an approval process and design standards for drive-through establishments. On August 13, 2024, CDD staff introduced an ordinance to amend the zoning code requirements for drive-through establishments to include creating definitions for drive-throughs and implementing a conditional use permit (CUP) process.

On August 20, 2024, adoption of the ordinance failed with 3 in favor and 2 opposed, where a 4/5th vote is required. On November 19, 2024, Councilmember Brotman requested this topic be brought back as an informational item regarding development standards specific to new drive-through establishments.

The scope of the JB & Associates study included selecting a list of 19 existing drive- throughs in and around the city, conducting field observations (e.g., trip generation data, queueing analysis, etc.), reviewing zoning and design standards of other cities for drive- through establishments, and developing design guidelines. Based on field observations 75 of 233

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of the 19 establishments in and around Glendale, the consultant analyzed trip generation data and categorized the drive-through establishments into four different tiers, depending on the volume of trips generated during peak operating hours. The study also provides some recommendations for drive-through establishment development standards related to their design, including location of drive-through features (e.g., entrance, proximity to residential, etc.), queuing lengths that are dependent on tier classification, operational standards, accommodations for mobile order pickup areas, minimum lane dimensions, and a requirement for bypass lanes. The study provides additional considerations for banks and pharmacies, pedestrian oriented access, and parking. Staff also recommends looking into establishing minimum lot size standards; this would be consistent with existing standards in place for other automobile-related uses (e.g., car washes, gas stations, vehicle dealerships).

RECOMMENDATION
Staff is requesting the City Council to provide direction on considerations regarding future drive-through development standards.

BACKGROUND / ANALYSIS
In response to a growing number of applications for modifications to existing and new construction of drive-through establishments, the City Council enacted a moratorium on drive-through establishments on September 27, 2022. This decision aimed to address safety, aesthetics, traffic and environmental concerns associated with such developments. Extensions to the moratorium were adopted to allow staff time to review existing requirements and develop an approval process and design standards and the moratorium expired on September 26, 2024.

On October 23, 2023, the city engaged JB & Associates, a traffic and transportation consultant with expertise in drive-through analysis and design, to study and develop solutions for drive-through establishments in Glendale. Additionally, the Mobility Section of the Community Development Department (CDD) partnered with the Public Works Traffic Engineering Division worked with JB & Associates to assess the performance of existing drive-through establishments in the city and focus on options to improve their overall design and performance. The scope of the JB & Associates study included the following tasks:
•Selecting a list of existing drive-through establishments in Glendale and adjacent cities to study their associated traffic operations and patterns. 76 of 233

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•Conducting field observations of the selected fast-food restaurants and coffee shops, collect trip generation data, and drive-through queueing data during the peak operation periods, and identify traffic impacts on vehicles, pedestrians, and bicyclists.
•Reviewing current Zoning Codes and Standards of other cities in California related to uses typically associated with drive-through lanes. •Developing design guidelines for drive-through operations with additional consideration for less typical drive-through uses such as banks, and pharmacies.

On August 13, 2024, CDD staff introduced an ordinance to the City Council that amended the zoning code requirements for drive-through establishments which included creating definitions for drive-throughs and implementing a conditional use permit (CUP) process for existing and new drive-through establishments. This was intended to be the first phase of changes to be adopted before the moratorium expired, with staff also initiating the second phase of amendments to address design standards (e.g., minimum lot size, queuing lengths, menu and order board separations, landscape buffers, etc.). During the hearing, Council directed staff to amend the proposed ordinance to omit the CUP requirement for existing drive-through establishments. On August 20, 2024, the amended ordinance was presented to council, however the City’s charter requires a 4/5th vote for zoning amendments and the ordinance failed with 3 in favor and 2 opposed to the adoption. On November 19, 2024, Councilmember Brotman requested this topic be brought back as an informational item regarding development standards specific to new drive-through establishments.

The study prepared by JB & Associates identified seven tasks that were necessary in developing the design guidelines and included research on current design guidelines, ordinance and procedures from other cities, conducting field observations, data collection and analysis for trip generation rates, developing guidelines, and establishing a traffic analysis procedure.

Task: Research on Current Drive-Through Design Guidelines, Ordinances, and Procedures from Various Public Agencies
In preparation for establishing standards and guidelines for businesses with drive- through operations in the City of Glendale, staff members from JB & Associates, in collaboration with Community Development staff, conducted comprehensive research on city ordinances, zoning codes, and design guidelines relevant to drive-through 77 of 233

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establishments. This research encompassed policies from the following 19 public agencies across California including cities of Pasadena, Long Beach, Irvine, Anaheim, Santa Ana, Arcadia, Torrance, Whittier, Orange, Buena Park, Burbank, Santa Clarita, Huntington Beach, Monrovia, Lancaster, Elk Grove, La Puente, Jackson, and Union City.

Task: Field Observations
In consultation with City staff, JB & Associates selected a total of 15 food-oriented and 4 non-food-oriented establishments for field observation and data collection, as outlined in Table 1 below. The majority of these locations are in Glendale, with the exception of two establishments in Pasadena and one in Los Angeles near the city boundary line. Field observations were conducted at all 19 study locations, with video recordings capturing all ingress and egress movements, as well as drive-through operations, during the establishments' hours of operation.

Task: Data Collection
Trip counts were conducted for 14 food-oriented locations during the morning and No. Street Address Business Use
1 Starbucks--1143 W. Glenoaks Boulevard, Glendale Coffee Shop 2 Carl's Jr.--1124 W. Glenoaks Boulevard, Glendale Fast-food Restaurant 3 Del Taco--6550 San Fernando Road, Glendale Fast-food Restaurant 4 El Pollo Loco--235 S. Glendale Avenue, Glendale Fast-food Restaurant 5 Jack in the Box--805 N. Pacific Avenue, Glendale Fast-food Restaurant 6 Taco Bell--1113 E. Colorado Street, Glendale Fast-food Restaurant 7 Burger King--1200 E. Colorado Street, Glendale Fast-food Restaurant 8 McDonald's--1326 E. Colorado Street, Glendale Fast-food Restaurant 9 In-N-Out Burger--310 Harvey Drive, Glendale Fast-food Restaurant 10 Carl's Jr.--424 W. Los Feliz Road, Glendale Fast-food Restaurant 11 Starbucks--1801 S. Brand Boulevard, Glendale Coffee Shop 12 Chick-fil-A--790 N. Lake Avenue, Pasadena Fast-food Restaurant 13 Chick-fil-A--1700 E. Colorado Boulevard, Pasadena Fast-food Restaurant 14 Starbucks--3517 Foothill Boulevard, Glendale Coffee Shop 15 In-N-Out Burger--6225 Foothill Boulevard, Los Angeles Fast-food Restaurant 16 Bank of America at 611 North Brand Boulevard, Glendale 17 Bank of America at 3812 San Fernando Road, Glendale
18 CVS Pharmacy at 125 N. Central Avenue, Glendale
19 Walgreens Pharmacy at 105 E. Glenoaks Boulevard, Glendale Table 1
Drive-through Study Locations
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afternoon commuter peak periods (6:30 to 9:30 am and 4:00 to 7:00 pm). Additionally, for fast-food restaurants that generate trips comparable to or exceeding the average rates estimated in the ITE Trip Generation Manual—specifically Chick-fil-A, In-N-Out Burger, McDonald’s, Taco Bell, El Pollo Loco, and Jack in the Box—trip counts were also conducted during the midday peak period (11:00 am to 2:00 pm).

Drive-through queueing surveys were conducted at five study locations, noted below, during peak periods. Vehicle counts at the order board and pick-up window were recorded at 1-minute intervals during peak hours: 7:30 to 9:30 am for Starbucks, and 11:00 am to 2:00 pm for Chick-fil-A and In-N-Out Burger. •Starbucks, Glenoaks Blvd, Glendale
•McDonald’s, E. Colorado St, Glendale
•Starbucks, S. Brand Blvd, Glendale
•Chick-fil-A, N. Lake Ave, Pasadena
•In-N-Out Burger, Foothill Blvd, Los Angeles
Task: Data Analysis
According to the City of Glendale's Transportation Impact Analysis Guidelines, vehicle trips generated by a project should be estimated using the average trip generation rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual.

However, when comparing trip generation rates derived from data collection with the ITE averages for fast-food restaurants and coffee shops, there were significant variations that can be attributed to factors such as building size, location, and brand popularity. To provide a more accurate trip generation estimate for this study, the 19 study sites were categorized into the following groups:

Tier 1: Fast-food restaurants that generate significantly fewer trips than the average rates estimated in the ITE Trip Generation Manual.

Tier 2: Fast-food restaurants that generate trip rates comparable to the averages in the ITE Trip Generation Manual.

Tier 3: Fast-food restaurants that generate significantly more trips than the rates estimated in the ITE Trip Generation Manual.

Tier 4: Coffee shops with a drive-through operation.

Drive-through Queue Length Analysis
Based on the peak-period drive-through queue data, a drive-through queueing analysis was conducted for the peak hour of business at each of the following five study locations:
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Site No. 1—Starbucks on Glenoaks Boulevard, Glendale (Tier 4) Site No. 8—McDonald’s on E. Colorado Street, Glendale (Tier 2) Site No. 11—Starbucks on S. Brand Boulevard, Glendale (Tier 4) Site No. 12—Chick-fil-A on N. Lake Avenue, Pasadena (Tier 3) Site No. 15—In-N-Out Burger on Foothill Boulevard, Los Angeles (Tier 3) For each study site, the frequency of each observed queue length, from zero vehicles up to the maximum observed queue, the cumulative frequency, and the probability of the queue not exceeding a certain length were calculated based on the observed data:

Drive -Through Establishment Design Guidelines
The goal of design guidelines is to ensure the safe and efficient circulation of vehicular, pedestrian, and bicycle traffic, while also minimizing potential nuisances caused by vehicle backups and conflicts associated with drive-through operations.

The design guidelines have been developed based on:
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•Field observations of 19 existing fast-food restaurants and coffee shops. •Research by the City and JB& Associates on design guidelines from 19 other cities.
•Previous traffic studies conducted by JB & Associates on similar fast-food restaurants and coffee shops with drive-through operations.

The location and design of a drive-through establishments depends on factors like site size, parking, brand popularity and traffic flow. Key elements in designing drive-through establishments can include:

1.Location:
oDrive-through features (e.g., lanes, order boards, pick-up windows, etc.) must be 100 feet from residential areas to limit noise and emissions. oThe entrance to any drive-through lane should be 60 feet from the property line and from public street intersections.
oThe drive-through lane should be at the back of the restaurant to minimize visibility from the street.

2.Design:
oThe lane width should be a minimum of 10 feet along straight sections and 12 feet along curves, with a minimum curve radius of 10 feet. oThe drive-through lane must have enough capacity to prevent traffic from spilling onto streets or parking areas. The study establishes minimum queuing capacities based on the use and different tiers:
▪Tiers 1 and 2 Fast-food Restaurants: 10 vehicles (220 feet).

Includes 6 vehicles (132 feet) between drive-through entrance and order board, and 4 vehicle (88 feet) between order board and pickup window.
▪Tier 3 Fast-food Restaurants: 25 vehicles (550 feet).
▪Tier 4 Coffee Shops: 15 vehicles (330 feet). Includes 11 vehicles (242 feet) between drive-through entrance and order board, and 4 vehicle (88 feet) between order board and pickup window. oEmployees may assist with remote ordering with hand-held tablets and delivering orders to customers in vehicles during peak periods at Tier 3 restaurants.
oClear signage and pavement markings should direct traffic flow. oTier 3 restaurants may have a bypass lane to allow customers to leave the queue after receiving their order.
oDouble drive-through lanes (side-by-side) shall be entered from a single lane that splits and converges back into one lane before exiting. oMobile order pickup areas should be considered for fast food restaurants and coffee shops.

3.Other Considerations:
oBanks and pharmacies have different queueing capacity needs and the recommended minimum queueing capacities are:
▪Bank: 5 vehicles (110 feet) per ATM
▪Pharmacy: 3 vehicles (66 feet) per window
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oLimiting hours of operation based on proximity to residential uses. oPedestrian access is important for urban planning as it affects walkability, safety, and neighborhood appeal. To improve it, commercial developments should be near the street with the main entrance facing it. oA minimum 4-foot-wide walkway should connect the street to the development's main entrance.
oPedestrian walkways should avoid crossing drive-through lanes, but if they do, they must be clearly visible with special paving or markings. oOn-site parking should be allocated for employees (to avoid taking up on- street parking), delivery vehicles (to maintain traffic flow), and bicycles (to promote alternative transportation).
oFor Tier 3 fast-food restaurants and coffee shops on major streets, consider adding left-turn and/or right-turn deceleration lanes for easier access.
oDrive-through access can be provided through public alleys, but the alley cannot be used as part of the drive-through storage lane. If that's not possible, limit access to only right-turn entry and exit.

An additional development standard that could apply to drive-through establishments includes establishing minimum lot size standards specific to drive-throughs. This would be consistent with current use specific development standards in the Zoning Code for automobile-related uses, including car washes, gas stations and vehicle dealerships.

Establishing minimum lot size requirements will help ensure that building sites can adequately accommodate the anticipated development, including vehicular circulation and queueing capacities.

STAKEHOLDERS/OUTREACH
Not required at this time as this is an informational item. Depending on Council direction, where applicable, staff will conduct public outreach for items that impact zoning development standards for drive-throughs.

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

ENVIRONMENTAL REVIEW (CEQA)
N/A

CAMPAIGN DISCLOSURE
N/A
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ALTERNATIVES TO STAFF RECOMMENDATION

1. Provide direction to begin modifications regarding development standards for drive- through developments.

2. Decline to initiate changes regarding development standards for drive-through developments.

3. Any other alternative not presented by staff.

ADMINISTRATIVE ACTION
Submitted by:

Bradley Calvert, Director of Community Development
Prepared by:

Fred Zohrehvand, Principal Mobility Planner
Approved by:

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

EXHIBITS/ATTACHMENTS
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8a

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Adoption of Ordinance Amending Title 30 of the Glendale Municipal Code, 1995, (Case No. PZC-0010-2024) Relating Generally to Standards and Processes for Drive- through Establishments, and Miscellaneous Zoning Code Clean-Ups.

1. Ordinance Amending Title 30 Relating Generally to Standards and Processes for Drive-through Establishments, and Miscellaneous Zoning Code Clean-Ups

COUNCIL ACTION
Item Type: Adoption of Ordinances
Approved for August 20, 2024 calendar

EXECUTIVE SUMMARY
On September 27, 2022, Council enacted a citywide moratorium on drive-through waiting lanes in response to a growing number of applications for drive-through establishments (modifications to existing and new construction) and concerns regarding the safety, aesthetics, and environmental impacts of this activity. Extensions to the moratorium concerning drive-through lanes were adopted to allow staff time to review existing requirements and develop an approval process and design standards, access, and circulation analyses. The moratorium will expire on September 26, 2024.

On August 13, 2024, Council introduced an ordinance relating to standards and processes for drive-through establishments and miscellaneous zoning code clean ups.

The ordinance includes establishing definitions for drive-through establishments, both for restaurant and non-restaurant uses, establishing a conditional use permit (CUP) requirement for new drive-throughs, and prohibiting new drive-throughs in certain zones. The proposed amendments also include miscellaneous code clean-ups related to outdated Title 5 references and minor grammar and formatting, which do not change the substance or meaning of the text. During the August 13, 2024, hearing, Council directed staff to amend the proposed ordinance to omit the CUP requirement for existing drive-throughs. The ordinance for adoption has been amended to address Council comments from the hearing.
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RECOMMENDATION
That the City Council review and adopt the ordinance amending Title 30 of the Glendale Municipal Code, 1995, related generally to standards and processes for drive-through establishments, and miscellaneous zoning code cleanups.

ANALYSIS
On August 13, 2024, Council introduced an ordinance relating to standards and processes for drive-through establishments and miscellaneous zoning code clean ups.

The ordinance includes establishing definitions for drive-through establishments, both for restaurant and non-restaurant uses, establishing a conditional use permit (CUP) requirement for new drive-throughs, and prohibiting new drive-throughs in certain zones.

The proposed amendments also include miscellaneous code clean-ups related to outdated Title 5 references and minor grammar and formatting, which do not change the substance or meaning of the text. During the August 13, 2024, hearing, Council directed staff to amend the proposed ordinance to omit the CUP requirement for existing drive- throughs. The ordinance for adoption has been amended to address Council comments from the hearing.

DISCUSSION OF PROPOSED AMENDMENTS
There are three components to the proposed Zoning Code amendments for drive- through establishments:
•Establishing definitions of drive-through establishments for restaurant and non- restaurant uses. Common examples of drive-through establishments for non- restaurant uses include banks and pharmacies.
•Limiting the zones where new drive-through establishments could be proposed to focus future development of drive-throughs on the more intensive commercial zones – C2, C3 and CH (Foothill Blvd). New drive-throughs would not be allowed in industrial and transit zones, mixed use zones and transit-oriented zones, or in all districts of the Downtown Specific Plan zone, where drive- throughs are already prohibited.
•Establishing a conditional use permit (CUP) requirement for new drive-through establishments that would help mitigate any potential negative impacts.

Adding definitions for drive-through establishments and implementing a CUP requirement allows the city to focus on drive through waiting lanes and their potential impacts, where today there are limited standards in the Zoning Code that could be applied. This is the first phase of proposed amendments to the Zoning Code to be implemented while staff continues to work with the City’s consultant to finalize zoning standards, (that may include minimum lot size requirements, queuing length minimums, 85 of 233

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signage requirements, landscape buffers, etc.) associated with drive-through establishments. As part of the second phase, staff will explore implementing standards that would apply to new drive-through establishments.

City Council Meeting on August 13, 2024
This ordinance was introduced for adoption during the August 13, 2024, City Council meeting. During that hearing, Council provided direction to staff regarding the proposed amendments which has been incorporated into the final version of the ordinance.

In an effort to address the concerns regarding the impacts of existing drive-through establishments the original ordinance included provisions that would require them to go through the CUP process and established a five-year timeframe for those businesses to do so. During Council deliberations at the August 13, 2024 hearing, there were concerns from the majority of the Council members regarding this requirement. The primary concerns were that it seemed unfair to require an established business to go through a CUP process to continue operating, that it could result in an existing business being required to cease operations if they could not meet the CUP requirements, and that it imposed a burden on existing businesses that could also result in financial impacts. Based on this discussion, council directed staff to omit the requirement for existing drive-through establishments to be required to obtain a CUP, and to only require it for new establishments.

In response to Council’s expressed concern and direction regarding existing drive- through establishments at the August 13, 2024 hearing, the ordinance was introduced with the following changes which have been incorporated into the final version of the ordinance:
•Section 30.42.020 (B)(2) – This section discusses submittal requirements for different types of applications. It has been amended to clarify that only new drive- through establishments would be required to include the trip generation and queuing analysis with their CUP application. This study would be reviewed by the City’s Traffic Engineer.
•Section 30.42.030 (J) – This section outlines the additional required findings of facts for drive-through establishments associated with a restaurant use. It has been amended to clarify that only new establishments would be subject to the findings.
•Section 30.60.040 (Q) – This section discusses non-conforming uses. It has been amended to omit the requirement for existing drive-throughs to obtain a CUP within five years. It also clarifies that they may continue to operate, with reference to the standard exception for all non-conforming uses which terminates 86 of 233

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a use that has ceased operation for one year.

STAKEHOLDERS/OUTREACH
The Code requires public notice when the Council considers adoption of amendments to the Zoning Code. Staff has published all required notices for this hearing. Public notice was also provided for the Planning Commission hearing of July 17, 2024. Staff did not receive any written comments for that hearing, and there was no public testimony, as discussed above. For both the Planning Commission and City Council hearing on August 13, 2024 public notices were also mailed out to all the property owners and business owners of the existing drive-through facilities inventoried.

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

ENVIRONMENTAL REVIEW (CEQA)
Community Development Department staff analyzed the environmental effects of adoption of this ordinance (“Project”), and concluded that the Project is categorically exempt from further California Environmental Quality Act (CEQA) review pursuant to Sections 15061(b)(3) and 15305 because the Project involves minor changes to land use regulations which do not result in any changes in land use or density, and because there is no possibility that the Project may have a significant effect on the environment.

The Project adds a new requirement for review and approval of drive-through facilities through a conditional use permit (CUP) application. The review will include a study of queuing lines and trip generation, with the aim of ensuring faster service when using drive-through facilities. Any new drive-through facility would be specifically individually reviewed under CEQA once an application is submitted to the Community Development Department for review.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION

1. Decline to adopt the proposed amendments to Title 30 of the GMC, 1995 which relate generally to standards and processes for drive-through establishments, and miscellaneous Zoning Code clean-ups.

2. Choose any other alternative not proposed by staff.
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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
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1 ORDINANCE NO. ________________

AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA
AMENDING SECTIONS 30.12.020, 30.13.020, 30.14.020, 30.16.020, 30.40.020, 30.42.030,

30.60.030, 30.70.050 and 30.70.190, OF TITLE 30
OF THE GLENDALE MUNICIPAL CODE, 1995,

RELATING TO DRIVE-THROUGH ESTABLISHMENTS, AND MISCELLANEOUS ZONING

CODE CLEAN UPS
(Case No. PZC-0010-2024)
WHEREAS, the California Constitution, the Glendale City Charter, and the State Planning and Zoning Law (California Government Code Sections 6500, et seq.) broadly empower the City of Glendale ("City") to plan for and regulate the use of land in order to provide for orderly development, the public health, safety and welfare and a balancing of property rights and desires of the community; and WHEREAS, concerns have been raised over the number of
developments with uses and/or standards that include new and converted drive-through waiting lanes in all parts of the City; and
WHEREAS, residents, Councilmembers, and other stakeholders and individuals have expressed concerns that current zoning regulations may not fully address the impacts that drive-through waiting lanes may have in the community, and the effects of drive-through waiting lanes on the City's major streets; and WHEREAS, when drive-through waiting lines extend significantly on private property, the lines can create parking and circulation conflicts within the property where they are located and those lines can extend across sidewalks and into drive-way aprons, and even onto City streets, which can result in significant traffic hazards, including, but not limited to, unexpected stopping of vehicles, blind spots, unsafe lane changes to avoid lines on City streets, and hazards to pedestrians and cyclists attempting to cross driveway aprons and streets impacted by lines of cars; and WHEREAS, the goal of any new drive-through waiting lane zoning standards, allowable uses and regulations is to develop comprehensive regulations which recognize and balance the various interests related to drive-through waiting lanes in a manner tailored to the City's unique needs and community vision, and which are 89 of 233

2 supportive of more walkable and pedestrian friendly environments, and which reflect the land use and zoning policy choices of the City; and WHEREAS, the Glendale Municipal Code contains the standards for the approval of drive-through waiting lanes and establishes the desired physical development requirements; and
WHEREAS, the development standards established for drive-through waiting lines are meant to allow development with drive-through waiting lanes in a logical and safe manner by accommodating patrons of drive-through waiting lanes on- site, thereby minimizing conflicts with multi-modal forms of transportation (walking, cycling, vehicular) in the use of City streets, alleys, bike lanes and sidewalks; and WHEREAS, the drive-through waiting lane development standards contained in Section 30.32.090 and accompanying Chart IX (Section 30.32.180) of the Glendale Municipal Code ("Parking and Loading - Parking Area Design and Layout Standards") allows development projects that propose a drive-through waiting lane with the minimum dimensions and layout standards for an onsite vehicular waiting lane, including start of lane distances from service windows for restaurant uses and other uses, and from ordering devices, as well as a requirement for a separation lane from the onsite circulation to off-street parking spaces. These standards are intended to eliminate encounters of vehicles using the drive-through waiting lane versus vehicular access to off-street parking as well as, eliminate the spillover of waiting vehicles onto adjacent public-right-of-way’s or neighboring properties; and WHEREAS, there are several current and future uses that are eligible and may propose new or converted drive-through waiting lanes Citywide, and there is one current development proposing a drive-through waiting lane using the drive-through waiting lane development standards that has received some level of discretionary review, Starbucks - 216-222 S Glendale and 611 Orange Grove (Return for Redesign); if developed, this would allow a 1,414 square-foot counter service restaurant with a drive-through waiting lane; and
WHEREAS, the City Council has adopted an ordinance amending the Downtown Specific Plan (DSP) to prohibit developments with drive-through waiting lanes in the DSP because such developments are contrary to the City's goal of creating a pedestrian friendly environment and encouraging residents to walk and bike in the DSP, and the City wishes to comprehensively study the benefits of such a prohibition Citywide; and
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3 WHEREAS, drive-through waiting lane developments utilizing current development standards are a permitted use in most all Commercial, Mixed-Use and Industrial Zones (currently prohibited in the DSP, and in the IMU-R and SFMU Zones for fast food restaurants only) and do not require any special conditional or other use permit; and
WHEREAS, on September 27, 2022, the City Council, by a fourth-fifths vote, adopted Interim Ordinance No. 5994 imposing a 45-day moratorium on the approval of any new or conversion of drive-through waiting lane development in the City; and
WHEREAS, on November 1, 2022, the City Council adopted Interim Ordinance No. 5996 extending the existing 45-day moratorium on the approval of any new or conversion of drive-through waiting lane development in the city by 10 months and 15 days; and
WHEREAS, on September 26, 2023, The City Council adopted Interim Ordinance No. 6010 extending the moratorium on the approval of any new or conversion of drive-through waiting lane development in the City until September 26, 2024; and WHEREAS, the Planning Commission considered and recommended approval of these amendments to Sections of Title 30 at its meeting of July 17, 2024; and WHEREAS, notice of the date, time and place of the public hearing for this Ordinance was given pursuant to Government Code Sections 65090, by publication in Glendale Independent on August 1, 2024, and by posting and making available the written report referenced herein, which notified the public the City would be considering an ordinance regarding new or conversion of existing drive-through waiting lane developments.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council of the City of Glendale finds that the above recitals are true and correct and are hereby incorporated by reference.
91 of 233

4 SECTION 2. 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 permit 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.
92 of 233

5 Table 30.12-A

COMMERCIAL DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2)(5) 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
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
Drive-through establishment, non-
restaurant C C C
Drive-through establishment, restaurant C C C
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
93 of 233

6 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2)(5) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

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
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
94 of 233

7 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2)(5) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

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
95 of 233

8 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2)(5) 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
96 of 233

9 PERMIT REQUIREMENT BY ZONE
LAND USE (1)(2)(5) C1 C2 C3 CR CPD CH CA
See
Standards in
Chapter or
Section

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
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. 97 of 233

10 (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.
(5) For an existing drive-through establishment, either in conjunction with a restaurant or non-restaurant use, see Section 30.60.030 regarding non-conforming uses.

SECTION 3. Section 30.13.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.13.020 Industrial district land uses and permit requirements.

A. Permitted Primary Use and Structures. No building, structure or land shall be used and no building, structure or use in the industrial zoning districts shall be erected, structurally altered, enlarged or established except the following permitted uses, buildings and structures identified with a “P” in Table 30.13-A.

B. Conditional Uses and Structures. The following uses and structures identified with a “C” in Table 30.13-A may be permitted in the industrial 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 30.13-A may be permitted in the commercial zoning districts subject to approval of a 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 30.13-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 30.13-A.

F. Wireless Telecommunications Facilities. Wireless telecommunications facilities, identified with a “W” in Table 30.13-A may be permitted subject to the approval of a wireless telecommunications facility permit as set forth in Chapter 30.48 of this code. 98 of 233

11 G. 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.

H. Uses not Listed. Land uses that are not listed on Table 30.13-A, or are not shown in a particular zoning district are not allowed, except where 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 30.13-A

INDUSTRIAL ZONING DISTRICTS AND PERMIT REQUIREMENTS

PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)(5)
IND T
See
Standards
in Section
or Chapter
Accessory Structures and Uses
Accessory uses P
Antennas (pole type) and flagpoles P
Carts (freestanding, non-motorized, portable
type) P 30.34.040
Dish antennas P 30.34.050
Home occupations P 30.45
Home-sharing P 5.56
Outdoor storage, incidental P
Reverse vending machines P 30.13.040
Signs P 30.33
Solar energy equipment P 30.30.050
Industrial Mixed Use/Large Scale Projects
Industrial mixed use/large-scale project,
including all primary, accessory and temporary
uses and structures and all uses and structures
conditionally permitted in the C3 zone. Uses
specified in the C3 zone shall be subject to
specific development standards as required in
the C3 zone.

P
Education, Public Assembly, Recreation
99 of 233

12 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)(5)
IND T
See
Standards
in Section
or Chapter
Nightclubs C
Schools, physical instruction A
Schools, private C
Schools, private specialized education and
training A
Taverns C
Manufacturing and Processing
Backlots/outdoor facilities—Production P
Broadcasting studios and indoor support
facilities—Production P
Heavy manufacturing P
Light manufacturing P
Printing, publishing, and lithographic services P
Recycling C
Research and development P
Soundstage—Production P
Warehousing P
Wholesaling, including wholesaling of alcoholic
beverages P
Residential and Institutional Uses
Conversion of a live/work unit to entirely
residential or entirely business use C
Domestic violence shelters P
Emergency shelters P
Live/work C 30.34.090
Retail
Alcoholic beverage sales A(3)
Building materials, supplies, sales and service P
Christmas tree sales lots, when maintained
between November 1st and January 9th T 5.36
Hardware stores P
Jewelry stores P
Nurseries and garden supply sales P
100 of 233

13 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)(5)
IND T
See
Standards
in Section
or Chapter
Paint and wallpaper stores P
Pharmacy P
Pumpkin sales lots, when maintained between
October 15th and November 1st T 5.36
Spas and swimming pools, sales and service P
Vehicle sales, leasing and rental agencies P 30.34.160 Service Uses
Ambulance services P
Body shops and painting booths P 30.34.150
Business support services P
Car washes (full or self service) P 30.34.030
Day care centers A
Equipment rental yards P
Gas stations P 30.34.020
Heating and air conditioning sales and service
(HVAC) P 30.34.040
Kennel, animal boarding and daycare P(4)
Laundries and dry cleaning plants P
Medical and dental laboratories P
Moving services P
Repair and maintenance, consumer products P
Restaurant, counter service with limited seating P
Restaurants—Fast food P
Restaurants—Full service P
Storage, personal facilities P
Storage, outdoor facility P
Tire stores P 30.34.140
Towing services and impound yards P 30.34.145
Vehicle repair garages P 30.34.150
Office Uses
Contractor’s office and/or storage, temporary T
Medical and dental offices P
Office P
101 of 233

14 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)(5)
IND T
See
Standards
in Section
or Chapter
Office, consumer services P
Veterinary offices, including hospitalization
services P
Transportation and Communication Facilities
Nonemergency heliports C
Parking lots or structures P P 30.32

30.51.020
Utility and transmission facilities P P
Wireless telecommunications facilities W W Chapter 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) An Administrative Use Permit (AUP) is not required for supermarkets with 20,000sq. ft. of floor area or greater or for wholesaling.
102 of 233

15 (4) Not to be located nearer than two hundred (200) feet to the R1, R1R, ROS, R-3050, R- 2250, R-1650 and R-1250 zones if use includes outdoor facilities. (5) For an existing drive-through establishment, either in conjunction with a restaurant or non-restaurant use, see Section 30.60.030 regarding non-conforming uses.

SECTION 4. 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 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 103 of 233

16 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)(7)

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
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
104 of 233

17 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)(7)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
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) 30.34.090 105 of 233

18 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)(7)

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(7) P(7) P(7) Restaurants, fast food P(7) P(7) P(7)
Restaurants, full service P(7) P(7) P(7)
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
106 of 233

19 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)(7)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
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,
2006, or for any new facilities on separate or
non-contiguous lots
C 30.34.160
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
107 of 233

20 PERMIT REQUIREMENT
BY ZONELAND USE (1)(2)(7)

IMU IMU-R SFMU
See Standards
in Section or
Chapter
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
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:
108 of 233

21 (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) For an existing drive-through establishment, either in conjunction with a restaurant or non-restaurant use, see Section 30.60.030 regarding non-conforming uses. New drive-through facilities are not 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, R16-50 and R-1250 zones if use includes outdoor facilities.
(11) For upholstery services it shall include furniture only, no vehicles.

SECTION 5. 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.
109 of 233

22 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.

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)(7) 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
110 of 233

23 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2)(7) TOD I TOD II
See Standards
in Section or
Chapter
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
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
111 of 233

24 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2)(7) TOD I TOD II
See Standards
in Section or
Chapter
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
Emergency shelter C
Multiple residential dwelling units P(5) P(5)
112 of 233

25 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2)(7) TOD I TOD II
See Standards
in Section or
Chapter
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
113 of 233

26 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2)(7) TOD I TOD II
See Standards
in Section or
Chapter
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(7) P(7) Restaurants, fast food P(7) P(7)
Restaurants, full service P(7) P(7)
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
114 of 233

27 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2)(7) TOD I TOD II
See Standards
in Section or
Chapter
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
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
115 of 233

28 PERMIT REQUIREMENT

BY ZONE
LAND USE (1)(2)(7) TOD I TOD II
See Standards
in Section or
Chapter
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.
(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.
116 of 233

29 (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) For an existing drive-through establishment, either in conjunction with a restaurant or non-restaurant use, see Section 30.60.030 regarding non-conforming uses. New drive-through facilities are not 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 6. Section 30.40.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.40.020 Application filing.

A. Requests for variances, administrative exceptions, conditional use permits, administrative use permits, density bonus housing plan/agreement, inclusionary housing plan/agreement, parking exceptions, wireless telecommunications facilities permits, design review, development projects in the SR special recreation zone, parking reduction permits, and parking use permits shall be made on forms prescribed by the director of community development, except for design review for murals. Design review applications for murals shall be made on forms prescribed by the director of library, arts and culture. Requests for setback ordinances or amendments to the General Plan, zoning map or the text of the zoning ordinance shall be filed with the community development department. Applications for approval of a precise plan of design and a precise plan of design overlay zone designation shall indicate the proposed use of the buildings; identify all materials required for final design review as specified in subsection G of this section; include an explicit inventory of all ways in which the proposed project plans and proposed uses deviate from the standards and restrictions of the underlying zone; and shall provide all other architectural and engineering data as may be required to ascertain compliance with the provisions of this title. Applications and accompanying materials for variances, administrative exceptions, administrative use permits, parking exceptions, conditional use permits, wireless telecommunications facilities permits, design review, development projects in the SR special recreation zone, parking reduction permits, and parking use permits shall also be filed with the director of community development, except for design review for murals. Design review applications for murals shall be submitted to the director of library, arts and culture. Requests shall contain all information necessary to 117 of 233

30 evaluate the proposal including but not limited to maps, drawings to scale of land and existing and/or planned buildings, dimensions, descriptions and data. No request shall be accepted unless such sufficient information is provided.

B. Requests shall also contain:

1. For variances and administrative exceptions, a statement containing any facts, arguments or ground in support of the variance or exception which the applicant wishes to make.

2. For conditional use permits, administrative use permits and wireless telecommunications facilities permits, all information necessary to demonstrate that all the required findings of fact exist with respect to the proposed conditional use permit, administrative use permit or wireless telecommunications facilities permit. For conditional use permits for new drive-through establishments, restaurant and new drive-through establishments, non-restaurant, applications shall include a trip generation and queuing analysis study, in form and methodology approved by the Director of Public Works.

3. For density bonus housing plans/agreements, any information necessary to determine the type and amount of affordable or other types of housing units proposed, whether the applicant can satisfy the replacement obligation set forth in Section 30.36.100, and whether and in what amounts the applicant qualifies for any requested density bonus and/or any concessions or waivers.

4. For inclusionary housing plans/agreements, information required pursuant to the Implementation Policies related to inclusionary housing in effect at the time.

5. For parking reduction permits, parking exceptions and parking use permits, a statement containing any facts, arguments or grounds in support of the parking reduction permit, parking exception or parking use permit which the applicant wishes to make.

6. For General Plan amendments, all information necessary to demonstrate that the proposed General Plan amendment is in the public interest of the city.

7. For a change of zone or amendment to the zoning ordinance text, all information necessary to demonstrate that the proposed change of zone or amendment is in general conformance with the General Plan. Where a proposed zone change is not in conformance with the General Plan, a concurrent application for a General Plan amendment shall also be made.
118 of 233

31 C. All applications shall be deemed filed after thirty (30) days unless the director of community development rejects such application, in writing, within thirty (30) days after submission, specifying why the application is incomplete.

D. For conditional use permits, administrative use permits, variances, change of zone, or amendment to the zoning ordinance text or to the General Plan, development plans in the SR special recreation zone, parking reduction permits, or parking use permits, or when a public hearing is required for a wireless telecommunications facilities permit, applicants shall also submit certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within a five hundred (500) foot radius of the exterior boundaries of the real property that is the subject of the hearing, or in the case of an administrative use permit, a written decision, except that if such property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be included, property ownership map keyed to the mailing labels. If additional mailed notice is required, it shall be the responsibility of the applicant to provide certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within an area determined by the director of community development to be directly affected by the request and to provide a property ownership map keyed to the mailing labels.

E. Special setback ordinance requests shall also contain certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within the boundaries of the area proposed for special setbacks and a property ownership map keyed to the mailing labels.

F. Applications for design review shall be made on forms prescribed by the director of community development and contain all information required therefor, except for design review for murals, which shall be made on forms prescribed by the director of library, arts and culture.

For all projects, except for murals, the director of community development shall determine whether the applications and materials are complete prior to review by the review authority.

The director of library, arts and culture shall determine whether the applications and materials for mural projects are complete prior to review by the arts and culture commission. Only applications that are deemed complete by the city will be considered for review. For the purposes of this section the term “review authority” shall mean the design review board, the city council, the director of community development, the historic preservation commission, or the arts and culture commission, as applicable.

1. Preliminary design review for projects outside of the DSP zone. Information to be supplied for preliminary review need not show finished details but shall include: project data and calculations; site plan studies; proposed site plan; general location of proposed 119 of 233

32 improvements; location of adjoining development including, for projects in the R1, R1R and ROS zones, the location of windows; precise location, type, and size of existing trees on the site and within twenty (20) feet of the site on adjacent property; photographs of the site and surrounding properties; all building elevation views, which may be colored; reduced-size building elevation views, which may be colored; identification of the architectural style of proposed building or structure; a general description of the materials and colors to be used; certified public notice mailing information for all owners and occupants pursuant to Chapter 30.61; a property. ownership map keyed to the mailing labels; a general description or statement concerning proposed landscaping; a general description or statement of consistency with applicable city design guidelines; a general description of compliance with National Pollution Discharge Elimination System (NPDES) requirements; and other information as necessary to demonstrate the extent to which the proposed development is in keeping with the intent, purpose, and standards of design review.

2. Final design review for projects outside the DSP zone. In addition to requirements for preliminary design review, the final design review submittals shall include the following:
dimensioned site plan; building floor plans; rendered perspective; sight-line studies for hillside development, complete colored building elevation views; reduced-size colored building elevation views; samples of primary building materials to be used; certified public notice mailing labels for all owners and occupants within a five hundred (500) foot radius of the project in. compliance with Chapter 30.61; a property ownership map keyed to the mailing labels; a landscape plan indicating the type, size (both size at planting and anticipated size at maturity for new plantings), number, and location of proposed and existing plants; the materials and texture of all walls, windows, doors, roofing, hardscape and other features; and other information as necessary to demonstrate the extent to which the proposed development is in keeping with the intent, purpose, and standards of design review.

3. Stage I preliminary design review submittals in the DSP zone. In addition to the items specified in G.1., applications for Stage I preliminary or conceptual review for projects in the DSP zone shall also include: perspective drawings with at least one showing a street level viewpoint; project sections; conceptual lighting plan and nighttime rendering(s); conceptual landscape plan; and conceptual public art, if applicable.

4. Stage II final design review submittals in the DSP zone. In addition to the above items specified for Stage I, applications for Stage II final design review shall also provide:
interior elevations of major public interior spaces, if applicable; additional perspective 120 of 233

33 drawings, including both daytime and nighttime renderings, as well as perspective drawings of all publicly accessible open spaces; and public art, if applicable.

5. Design review for new dwelling units in ROS or R1R zones. Applications for design review involving new dwelling unit construction in the ROS or R1R zones are required to provide a temporary frame. The director of community development shall have the discretion to require applications for design review involving all other projects in the ROS and R 1R zones and construction of enclosed space above the first floor level of existing dwelling units in the R1 zone to also provide a temporary frame. Projects for which a temporary frame is required by this section shall be deemed incomplete until a temporary frame is constructed.
a. Temporary frame specifications. The temporary frame shall, at a minimum, consist of wood posts or other sturdy and rigid material located at all corners of the structure(s) and at either end of all proposed ridgelines, with a taut rope of minimum one-twenty-third (1/23) inch diameter marked with triangular flagging connecting the posts. All temporary framing shall be constructed to the satisfaction of the director of community development. Temporary frames must remain in place until the end of the appeal period for a design review, or variance decision, or, when an appeal has been filed, until the appeal body has made a design review, conditional use permit, or variance decision, plus any appeal period for that decision. Temporary frames must be removed within twenty-two (22) days of an approval, approval with conditions, or denial decision of a design review case unless an appeal is filed, or within sixty (60) days of a return for redesign decision, unless a new application based on a return for redesign decision is filed within sixty (60) days. Temporary frames must be removed within twenty-two (22) days of a decision on a conditional use permit or variance case, unless an appeal is filed, or within sixty (60) days of a final decision on a variance case, unless a design review application or variance case is filed within sixty (60) days. The director of community development may, upon showing of good cause, approve an alternative method other than the construction of a temporary frame which aids envisioning the project proposal.

G. Requests for wireless telecommunications facilities permits shall be made on forms prescribed by the director of community development and submitted to the community development department. The director of community development shall amend application requirements from time to time as necessary to comply with applicable laws and regulations, or to otherwise ensure the provision of information necessary and useful to the evaluation of wireless telecommunications facility permit applications. In addition to the application submittal requirements for permits set forth in subsection A of this section, the information listed below is 121 of 233

34 supplemental and required at the time a wireless telecommunications facility permit application is submitted to the community development department.

1. All proposed locations.
a. An accurate map, compatible with the city’s latest version of GIS mapping software, indicating the proposed site and detailing existing wireless telecommunications facility locations owned and operated by the applicant within the city on the date of application submittal.
b. An engineering certification demonstrating planned compliance with all existing federal radio frequency emissions standards, and providing technical data sufficient to justify the proposed height of the proposed wireless communication facility. c. An alternative configuration analysis, assessing the feasibility of alternative wireless telecommunications facility construction configurations—both at the proposed site and in the surrounding vicinity—which would result in a more visually compatible antenna(s), as deemed necessary by the director of community development. This analysis shall include an explanation of why other wireless telecommunications facility construction configurations were not selected. d. A projection of the applicant’s anticipated future wireless telecommunications facility siting needs within the city, which information may be used by the city as part of a master planning effort designed to ensure a more planned, integrated and organized approach to wireless telecommunications facility siting. e. An identification of the geographic service area for the subject installation, including a map showing all of the applicant’s existing sites in the local service network associated with the coverage gap the wireless telecommunications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation.
f. An accurate visual impact analysis showing the maximum silhouette, view shed analysis, color and finish palette and proposed screening for the wireless telecommunications facility. The analysis shall include photo simulations and other information as necessary to determine the visual impact of the wireless telecommunications facility. A map depicting where the photos were taken shall be included. The analysis shall include a written description of efforts to blend the wireless telecommunications facility with the surrounding area. 122 of 233

35 g. The height and diameter of the facility, together with evidence that demonstrates that the proposed wireless telecommunications facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. If the facility will exceed the maximum permitted height limit, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be provided.
h. A description of the maintenance and monitoring program for the wireless telecommunications facility and associated landscaping. i. A written statement of the applicant’s willingness to allow other carriers to co- locate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable.
j. A written description of any good faith efforts to co-locate the proposed wireless telecommunications facility on another site or building, including a GIS compatible map of the sites and engineering information or letters from the owners of the site describing why co-location would not be feasible.
k. A written description of all accessory wireless equipment for the wireless telecommunications facility. Describe the function of this ancillary equipment and the need to locate same on or near the wireless telecommunications facility. l. A written description of any requested exceptions to the standards set forth in Chapter 30.48 and the reasons therefor.
m. For applications requiring planning commission review: certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within a five hundred (500) foot radius of the exterior boundaries of the real property that is the subject of the hearing except that if such property is owned by the same person or entity, the owners of contiguous real property to that owned by the applicant shall also be included, property ownership map keyed to the mailing labels. If additional mailed notice is required, it shall be the responsibility of the applicant to provide certified public notice mailing labels for all owners of real property as shown on the latest equalized assessment roll within an area determined by the director of community development to be directly affected by the request and to provide a property ownership map keyed to the mailing labels. 123 of 233

36 n. An alternative site analysis, assessing the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site, as deemed necessary by the director of community development. Said alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites located outside a ROS, R1R, R1, R-3050, R-2250, R-1650 and R- 1250 zone. Said alternative site analysis shall include a map that shows other potential stand-alone locations for the proposed wireless telecommunications facility that have been explored, and shall describe why the proposed location is superior to other potential locations. Factors that must be considered in the alternative site analysis include, but are not limited to, cost, visual benefits and detriments of alternative sites and proximity to single-family dwellings. o. Noise/acoustical information derived from the manufacturer’s specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties. p. A conceptual landscape plan as determined necessary by the director of community development. Said plan shall show all existing trees and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site as determined by the director of community development.
q. The director of community development may require additional information related to topography, including slopes, contours and proposed grading. r. All other information as determined necessary by the director of community development may be required by the city’s wireless telecommunications facility permit supplemental application form.

2. Expert review. In the event that the director of community development in his or her discretion determines the need to hire an independent, qualified consultant to evaluate technical and other aspects of the application, the applicant shall provide the city with written authorization for the city to do so. Such authorization shall include a written agreement by the applicant to advance the city for all reasonable costs associated with such consultation. The city may require the applicant to submit a cash deposit for the estimated cost of such consultation, and to replenish said deposit if consumed by reasonable costs associated with such consultation. Such consultation is intended to be a site-specific review of technical aspects of the proposed wireless telecommunications facility and shall address all of the following:
124 of 233

37 a. Compliance with applicable radio frequency emission standards; b. The appropriateness of granting any requested exceptions; c. The accuracy and completeness of submissions;
d. The applicability of analysis techniques and methodologies; e. The validity of conclusions reached; and
f. Any specific technical issues designated by the city.

3. If a permittee proposes any modifications to any wireless telecommunications facility permit after said permit is granted, the permittee shall submit an application to the community development department for consideration by the approval body specified in Section 30.48.020; provided, however; that the city and the approval body need not accept and/or process said application unless and until the permittee: (a) demonstrates the existing wireless telecommunications facility’s compliance with all applicable local requirements; and (b) certifies that the existing wireless telecommunications facility complies with all applicable state and federal requirements. In the case of co-locations, minor structural modifications may be permitted if necessary to accommodate said co- located facility.

SECTION 7. Section 30.42.030 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.42.030 Findings of Fact.

A conditional use permit shall be granted only if the review authority first finds that each of the following exists:

A. That the proposed use will be consistent with the various elements and objectives of the general plan.

B. That the use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment.

C. That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property.

D. That adequate public and private facilities such as utilities, landscaping, parking spaces and traffic circulation measures are or will be provided for the proposed use. 125 of 233

38 E. For applications involving the sale, serving or consumption of alcoholic beverages, the following criteria shall be considered in making the findings in subsections A through D:

1. That where an existing or proposed on-site use is located in a census tract with more than the recommended maximum concentration of on-site uses or that where an existing or proposed off-site use is located in a census tract with more than the recommended maximum concentration of offsite uses, both as recommended by the California Department of Alcoholic Beverage Control, such use does not or will not tend to intensify or otherwise contribute to the adverse impacts on the surrounding area caused by such over concentration;

2. That where the existing or proposed use is located in a crime reporting district with a crime rate which exceeds 20% of the city average for Part I crimes, as reported by the Glendale police department, such use does not or will not tend to encourage or intensify crime within the district;

3. That the existing or proposed use does not or will not adversely impact any church, public or private school or college, day care facility, public park, library, hospital or residential use within the surrounding area;

4. That adequate parking and loading facilities are or will be provided for the existing or proposed use, or other reasonable alternatives satisfy the transportation and parking needs of the existing or proposed use; and

5. That, notwithstanding consideration of the criteria in subsections (E)(1) through (4), the existing or proposed use does or will serve a public necessity or public convenience purpose for the area.

F. Applications for new multi-family residential uses proposed to be located within the IMU-R zone shall consider the following criteria in making the findings in addition to subsections A through D:

1. That the proposed multi-family housing development is allowed within the respective zoning district with the approval of a conditional use permit and complies with all other applicable provisions and performance standards identified in this zoning ordinance and the municipal code.

2. That the proposed multi-family housing development would not result in the displacement of existing, or limit future, employment on the subject site or on surrounding sites.

3. That the subject site is physically suitable for the type and density/intensity of the proposed multifamily housing development.
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39 4. That the proposed multi-family housing development will be compatible with the surrounding existing and future land uses allowed in the IMU-R zoning district.

G. Applications for live/work units to be located in the IND, IMU, IMU-R, and SFMU zones shall consider the following criteria in making the findings in addition to subsections A through D:

1. The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in the area where the project is proposed;

2. The structure containing live/work units and each live/work unit within the structure has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

3. Any changes proposed to the exterior appearance of an existing structure will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses.

H. Applications for nightclubs shall consider the following criteria in making findings in addition to subsections A through D and E:

1. The proposed nightclub is designed to ensure the reduction of noise impacts by using techniques such as double doors; and

2. An area for outdoor smoking be designed and located in an area to not impact surrounding uses.

I. Decisions related to development in the ROS and R1R zones shall consider the hillside development review policy contained in Section 30.11.040(A).

J. Applications for a new drive-through establishment in conjunction with the operation of a restaurant shall consider the following criteria in making findings in addition to subsections A through D:

1. That the proposed drive-through establishment has adequate vehicle queuing distance, including due consideration for menu board location(s), clear of any adjacent public right-of-way, and shall not create any vehicular or pedestrian travel hazards as demonstrated in a traffic study prepared to the satisfaction of the Director of Public Works.

2. That the proposed location of the drive-through establishment will not result in adverse impacts on the surrounding neighborhood after considering a litter clean-up plan and the hours of operation, site plan, and includes buffering sufficient to control any spillover impacts, including but not limited to noise, light, and debris. 127 of 233

40 3. That the location and design of the facility is compatible with the existing surrounding uses, includes a prominent main entrance at street or lot frontage, attractive landscaping, and includes sufficient pedestrian amenities in the street lot frontage, and interior floor area.

SECTION 8. Section 30.60.030 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.60.030 Nonconforming uses.

The following provisions shall be applicable to all nonconforming uses:

A. A nonconforming use may be continued as-is provided there is no expansion of use or enlargement of floor area except as provided below:

B. Nonconforming licensed day care centers located in the ROS, R1R, or R1 zone or in the SR zone may be continued, altered or enlarged on the same site in any manner consistent with current state licensing regulations and municipal code site design criteria as if no nonconformity existed.

C. A nonconforming use shall be allowed to change within its own major land use type. For example, a nonconforming manufacturing/warehouse use may be interchanged with another manufacturing/warehouse use; a retail, office or service use may be interchanged with another retail, office or service use; or, a full service restaurant may be interchanged with a fast food restaurant; except that a nonconforming commercial or industrial use in a residential zone or a nonconforming industrial use in the C1 or C2 zone shall not be allowed to change to any other type of nonconforming use.

D. A nonconforming use, or portion thereof, shall be terminated if such use is discontinued for one year or if the building or structure where the use is located loses its nonconforming status due to damage or voluntary reconstruction as provided for in Section 30.60.040.

E. The addition of alcoholic beverage sales to existing automobile service stations shall not be permitted.

F. All nonconforming outdoor storage areas shall be required to conform to the applicable provisions for screening and/or enclosure on or before October 29, 1986.

G. Any arcade establishment not located in the CBD zone and any billiard establishment for which a conditional use permit has not already been granted shall obtain a conditional use permit on or before October 6, 1996. Any arcade establishment which was lawfully in operation in the CBD zone prior to October 6, 1994 and any arcade establishment or billiard 128 of 233

41 establishment for which no conditional use permit has been granted shall be discontinued on or before October 6, 1999.

H. All nonconforming arcade establishments and billiard establishments existing on October 6, 1994 shall be discontinued on or before October 6, 1999, unless said period has been extended as follows:

1. If an arcade establishment or billiard establishment is subject to a written lease, entered into prior to May 1, 1994 with a termination date extending beyond January 1, 1999, the arcade establishment or billiard establishment may continue until the expiration of the present term of the lease, but in any event no later than January 1, 2002, provided the arcade establishment or billiard establishment is otherwise in compliance with all provisions of law, including, but not limited to, Chapter 30.42, Chapter 5.04 and Sections 5.16.010 through 5.16.080 of the Glendale Municipal Code.

2. If, on May 1, 1994, the arcade establishment or billiard establishment was owned by the property owner, the arcade or billiard establishment may continue until January 1, 2002; provided, the arcade establishment or billiard establishment is otherwise in compliance with all provisions of law; including, but not limited to, Chapter 30.42, Chapter 5.04 and Sections 5.16.010 through 5.16.080 of the Glendale Municipal Code.

I. A conditional use permit for an arcade establishment existing in the CBD zone on May 1, 1996 may be extended by filing an application for a new conditional use permit, but in no case may such new conditional use permit be granted to extend beyond May 1, 1999 or January 1, 2002, provided the arcade establishment or billiard establishment is otherwise in compliance with all provisions of law and said application meets the standards to justify a favorable decision on the conditional use permit as set forth in Title 30 of this code.

J. If on April 25, 2002, a liquor store, market, banquet hall or tavern is in operation in conformance with zoning regulations, including parking, such establishment may continue as a nonconforming use provided that there is no increase in the floor area of the establishment or increase in the bar service area within the existing establishment. Any existing liquor store, market, banquet hall or tavern with a valid conditional use permit on April 25, 2002, may apply for and may be granted a new conditional use permit. Notwithstanding Section 30.60.030, should an existing use with a valid conditional use permit on April 25, 2002, fail to obtain a new conditional use permit prior to its expiration, or if an alcoholic beverage control (ABC) license is revoked or suspended, the use shall lose its nonconforming status. In the case of revocation or suspension of an ABC license an administrative hearing conducted in a manner consistent with Section 30.64.020 shall be held to determine if the subject use failed to operate under the criteria set forth under the Business and Professions Code 23790. 129 of 233

42 K. A nonconforming use may only be expanded in the IND, IMU, IMU-R and SFMU zones in compliance with the following provisions:

1. The total expansion shall not exceed 20% of the existing gross lot area;

2. The expansion is limited to one time for the full life of the use;

3. Off-street parking for the entire area of the expansion shall be provided in full compliance with Chapter 30.32 (Parking and Loading) without diminishing the existing off-street parking provided for the existing use; and

4. The parking lot or parking structure area required to provide the required parking shall not be included within the 20% limitation of the expansion area identified in paragraph 1, above.

For illustrative purposes only, the following example would comply with the expansion provisions of this subsection:

Existing lot: 10,000 square feet
Maximum permitted use expansion: 2,000 square feet
Minimum number of additional off-street parking spaces required within the IND zoning district (to be provided at a ratio of one parking space for each 500 square feet of gross floor area): 4 spaces
L. All nonconforming businesses that provide shopping carts for use by their patrons shall comply with all provisions related to containment and control of shopping carts within the boundaries of store premises, as set forth in Title 30 of this code on or before (12 months after the effective date of the ordinance codified herein).

M. A massage establishment lawfully in existence on or before March 3, 2016 (a legal nonconforming massage establishment) for which a conditional use permit has not already been granted must comply with the following requirements:

1. On or before March 3, 2016, a legal nonconforming massage establishment must fully comply with all applicable requirements in Chapter 5.64 of this code for which a building permit is not required.

2. On or before March 1, 2017, a legal nonconforming massage establishment must submit an application under Chapter 30.42 of this code for a conditional use permit.

3. On or before March 1, 2018, a legal nonconforming massage establishment must fully comply with all applicable requirements in Title 30 of this code.

4. If a legal nonconforming massage establishment has been granted a conditional use permit, any improvement or alteration to the building or structure of that massage 130 of 233

43 establishment for which a building permit is required, and which is required by either the conditional use permit, Title 30 of this code, Chapter 5.64 of this code, or the Glendale Building and Safety Code, must be completed with a final inspection on or before the 180th consecutive calendar day after the date on which the conditional use permit was granted. Any one or more extensions to complete the work contemplated under the building permit that are granted by the Building Official shall extend this deadline accordingly, for as long as the permit remains current and valid.

5. Notwithstanding paragraphs 1 through 4 above, a legal nonconforming massage establishment must cease all business operations if any one or more of the following events or circumstances occur:
a. The massage establishment use is discontinued for a period of 90 consecutive calendar days;
b. The massage establishment fails to submit an application for a conditional use permit on or before March 1, 2017;
c. The massage establishment fails to obtain a conditional use permit on or before March 1, 2018;
d. The massage establishment’s application for a conditional use permit is denied, including through exhaustion of city administrative appeals as provided in Title 30 of this code and Chapter 2.88 of this code, and judicial remedies under California Code of Civil Procedure Section 1094.6;
e. The massage establishment fails to comply with the requirements in Title 30 of this code; or
f. The massage establishment fails to comply with the requirements in Chapter

5.64 of this code.

6. A legal nonconforming massage establishment must cease all business operations on or before March 1, 2018. All signs, advertising and displays relating to that business must be removed completely on or before March 31, 2018.

N. On or before March 3, 2016, a legal nonconforming massage establishment must fully comply with all applicable requirements in Chapter 5.64 of this code for which a building permit is not required.

O. On or before May 31, 2020, all existing home-sharing uses shall obtain a home-sharing license as required in Chapter 5.110.

P. On or before May 31, 2020, all vacation rental uses shall terminate. 131 of 233

44 Q. A drive-through establishment, either in conjunction with a restaurant or non-restaurant use lawfully in existence on or before August 20, 2024 (a legal nonconforming drive-through establishment) may continue operation consistent with Section 30.60.030 (D) above.

SECTION 9. 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.

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 132 of 233

45 domestic violence. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility.

Drive-through establishment, non-restaurant. “Drive-through establishment, non- restaurant” means an establishment that serves to occupants in vehicles in conjunction with the operation of a bank or financial institution, pharmacy, personal service use, retail store, or a supermarket.

Drive-through establishment, restaurant. “Drive-through establishment, restaurant” means an establishment that operates in conjunction with a restaurant, counter service with limited seating; restaurant, fast food; or restaurant, full service or similar establishment which is engaged in the business of preparing and purveying food where provisions are made for serving of food to patrons in vehicles for consumption at a separate location either on or off the premises.

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.

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 10. Section 30.70.190 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

30.70.190 Definitions, “R”.

The following definitions are in alphabetical order:

Radio frequency. “Radio frequency” means with regard to wireless telecommunications antennas pursuant to Chapter 30.48 of this code, radio frequency radiation in the portion of the spectrum from 300 kHz (kilohertz) to 300 GHz (gigahertz). 133 of 233

46 Recreational camps. “Recreational camps” means facilities offering short-term recreational or educational opportunities, which may include overnight camping, including enclosed group quarters or area for tents, trailers or recreational vehicles. Recreational camps do not include schools of any kind.

Recycling. “Recycling” means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of state law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial or industrial designated parcel used solely for the recycling of material generated on the parcel.

Repair. “Repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

Repair and maintenance, consumer products. “Repair and maintenance, consumer products” means service establishments where repair of consumer products is the principal business activity, including, but not limited to: electrical repair shops; television and radio and other appliance repair; tool sharpening and repair; watch; clock and jewelry repair; re- upholstery, refinishing and furniture repair (no manufacturing). This use does not include shoe repair (see personal services).

Research and development. “Research and development” means facilities including, but not limited to: scientific research, and the design, development and testing of computer software, and electrical, electronic, magnetic, optical and mechanical components of product manufacturing. Research and development also includes chemical and biotechnology research and development and does not include medical laboratories, which are included under “Medical and dental laboratories.”
Residential congregate care living, limited. “Residential congregate living, limited” means a dwelling including a common eating area, with or without on-site assistance with activities of daily living, limited to six or fewer individuals or one household. Residential congregate living, limited includes assisted living centers; boarding or lodging houses; residential congregate care facilities, limited; retirement and rest homes; supportive housing; and transitional housing.

Residential congregate living, medical. “Residential congregate living, medical” means a residential use with or without private kitchens and including a common eating area, with or without on-site assistance with activities of daily living and on-site assistance with counseling or medical care, and with seven or more beds. Residential congregate living, medical includes 134 of 233

47 convalescent homes, extended care, and skilled nursing facilities. This use does not include hotels or motels which are defined separately.

Residential congregate living, non-medical. “Residential congregate living, non-medical” means a residential use with or without private kitchens and including a common eating area, with or without on-site assistance with activities of daily living, and with seven or more individuals. Residential congregate living, non-medical includes assisted living centers; dormitories; fraternities or sororities; residential congregate care facilities, retirement and rest homes; supportive housing and transitional housing. This use does not include hotels and motels which are defined separately.

Restaurant, counter service with limited seating. “Restaurant, counter service with limited seating” means an establishment which serves prepared food, of which there is no on-site consumption, or on-site consumption of food is limited to an area containing a maximum of eight seats.

Restaurant, fast food. “Restaurant, fast food” means an establishment which is engaged primarily in the business of preparing food and purveying it on a self serve or semi-self serve basis, and with more than eight seats. Customer orders and/or service may be by means of a walk-up counter or window. Consumption may be either on or off the premises. This definition does not include a drive-through establishment, which is defined separately.

Restaurant, full service. “Restaurant, full service” means an establishment that is engaged primarily in the business of preparing and serving meals for consumption on the premises.

Such restaurants employ help to fully accommodate customer orders at the table and primarily serve the general public. Such restaurants shall have less than 30% of the serving area available for private party rental where access by the general public is restricted. A restaurant, full service is not a banquet hall.

Retail stores, general merchandise. “Retail stores, general merchandise” means stores selling new or used merchandise including but not limited to:

Antique stores;
Art stores or galleries;
Bicycle, sales and service;
Book stores;
Camera stores;
Carpet and floor covering stores;
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48 China and glassware stores;
Clothing and apparel stores;
Department stores;
Drapery stores;
Drugstores;
Food stores and markets (under 20,000 square feet);
Florist and plant shops;
Furniture stores;
Gift shops;
Hobby shops;
Lighting stores;
Mail order houses, retail and catalogue;
Music stores;
Pet shops;
Portrait studios;
Radio, television and similar electronic component stores; Shoe stores;
Sporting goods store;
Stamp and coin shops;
Stationary stores;
Telephone and communication services;
Tobacco shops; and
Toy stores
Retirement or rest home. “Retirement or rest home” means a residence where ambulatory persons, or ill persons are provided limited dietary, and other limited personal services, but excluding cases of contagious or communicable diseases and excluding surgery or primary treatments as are customary in sanitariums and hospitals. No services are provided to nonresidents.

Reverse vending machine. “Reverse vending machine” means an automated mechanical device, which accepts at least one or more types of empty beverage containers, including but not limited to, aluminum cans, glass and plastic bottles; and issues a cash refund or a redeemable credit slip, with a value not less than the container’s redemption value, as determined by the state. A “reverse vending machine” may sort and process containers mechanically, provided that the entire process is enclosed within the machine. 136 of 233

49 Riding academies or stables. “Riding academies or stables” means a facility that offers instruction in horseback riding and related equine education, and also includes related stables.

This use is 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 (Horse) overlay zone.

Roof. “Roof” means a part of a building completely covering any portion of such building and permanently attached but excluding chimneys, antennas, vents and mechanical equipment.

Roof mounted antenna. “Roof mounted antenna” means an antenna with its support structure placed directly on the roof of any building or structure.

Room. “Room” means an unsubdivided portion of the interior of a dwelling, excluding bathrooms, closets, hallways and service porches.

SECTION 11. Pursuant to the California Environmental Quality Act (CEQA) the City Council hereby finds that the proposed amendments to the Zoning Code are exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, Section 15061(b)(3) and 15305 because the project involves minor changes to land use regulations which do not result in any changes in land use or density, and because there is no possibility that the project may have a significant effect on the environment. The project adds a new requirement for review and approval of drive-through facilities through a conditional use permit (CUP) application. The review will include a study of queuing lines and trip generation, with the aim of ensuring faster service when using drive-through facilities. Requiring existing drive- through facilities to apply for a CUP would not result in new impacts since vehicle trips are already occurring. Any new drive-through facility would be reviewed under CEQA once a new application is submitted to the Community Development Department for review.

SECTION 12. 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.

Adopted by the Council of the City of Glendale on the ____ day of ________, 2024. ___________________________________
Mayor
ATTEST:
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50 _____________________________
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing Ordinance No. _________ was adopted by a 4/5 ths 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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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Preservation and Reuse of the Former Rockhaven Sanitarium Project, Adopt Plans and Specification

1. Resolution adopting Plans and Specification for the Preservation and Reuse of the Former Rockhaven Sanitarium Project, Specification No. 4004; and directing the City Clerk to advertise for bids.

2. Motion authorizing a Professional Services Agreement (PSA) with Maestro Development LLC (Maestro) in the amount of $304,730 to provide construction management services for the Preservation and Reuse of the Former Rockhaven Sanitarium Project.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for March 11, 2025 calendar

EXECUTIVE SUMMARY
The Preservation and Reuse of the Former Rockhaven Sanitarium Project includes the renovation of Pines Cottage for use as a museum, along with improvements to the Rockhaven grounds, accessibility improvements and the establishment of off-site parking, which represents a comprehensive effort to enhance the site’s historical and functional value.

The intent of this item is for the City Council to adopt the project plans and specification, authorize the City Clerk to advertise for bids, and approve a PSA for $304,730 with the consultant Maestro for construction management services for the project. 139 of 233

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RECOMMENDATION
Approve a resolution to adopt the plans and specifications for the Preservation and Reuse of the Former Rockhaven Sanitarium Project and approve a motion to authorize a PSA with Maestro in the amount of $304,730 to provide construction management services for this project.

ANALYSIS
The Rockhaven Sanitarium is a 3.4-acre site with 15 buildings located at 2713 Honolulu Avenue. The former women’s sanitarium was acquired in April 2008 and listed on the National Registry of Historic Places in 2016. There have been three attempts since 2014 to partner with private entities to renovate the site. The last effort ended in January 2020 when Avalon Investments terminated their boutique hotel proposal.

In June 2021, State Senator Anthony Portantino announced an $8,000,000 State grant to preserve Rockhaven and provide for a museum. The grant agreement was executed in March 2023. Per the agreement the project must be completed by March 1, 2026.

SWA Architects was retained in October 2022 to assist with the project design. They initially prepared preliminary design investigations and a proposed scope of work. In July 2023 SWA Architects provided a revised scope of work focused on three objectives: (1) renovate Pines Cottage building for use as a museum; (2) renovate the Rockhaven grounds (focused on landscape, accessibility, and pathway improvements); and (3) address feasibility of off-site parking improvements. The strategy was to maintain the existing buildings and focus on the improvements required to re-open Rockhaven to the public until an operational plan and funding strategy could be developed.

In August 2024, the City Council approved the conceptual design and directed proceeding with construction documents and bidding documents. The conceptual plan provides for site improvements and for the renovation of the Pines Cottage building. The site’s variable grades and lack of ADA accessible paths of travel prevents public access. Thus, the plan identifies a network of renovated and new walkways, ramps, and hardscape improvements for the ADA paths of travel. The plan also provides for drainage, landscaping and irrigation improvements. Typical interior and exterior repairs for the Pines Cottage are also identified in the plan. The proposed improvements for both the Pines Cottage and site comply with the Secretary of Interior Standards for the treatment of a historic property.

The improvements are divided into three tiers. Tier 1 addresses baseline conditions to permit public access to the site by creating the accessible path while addressing drainage issues and providing landscaping and irrigation. Tier 2 adds landscaping and irrigation along Hermosa Avenue and west of the Honolulu main gate. Tier 3 provides further accessibility improvements by rehabilitating remaining hardscape to provide access to the remaining buildings.

On December 16, 2025, an RFP was issued for construction management services for the Preservation and Reuse of the Former Rockhaven Sanitarium Project. Six firms 140 of 233

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expressed interest; however, only two: Maestro and Transtech Engineers, Inc. submitted proposals, with the remaining firms citing heavy current workloads as the reason for not participating. After extensive interview sessions with the two candidates and a comprehensive evaluation process, staff selected Maestro as the most qualified due to their comprehensive knowledge of historic preservation projects and their extensive experience with similar work. Maestro recently worked in Glendale on the Fremont Park project. Staff negotiated a final PWA cost of $304,730 with Maestro for construction management services for the project.

The engineer’s estimate for the construction phase of the project is $7,000,000 and the balance of funds remaining in the State grant is approximately $6,800,000 not including the cost of the PSA with Maestro. Therefore, staff intends to request a resolution of appropriation from the General Fund at contract award to adequately cover the full cost of this project.

The transformation of Pines Cottage into a museum will involve structural repairs, functioning restrooms, and adherence to preservation standards, all while designing exhibit spaces that highlight the site's rich history. Accessibility improvements will also ensure the museum is welcoming to all visitors. In tandem, the Rockhaven grounds will undergo significant upgrades, including pathway restoration, enhanced landscaping, and the creation of community-friendly spaces such as picnic areas and seating. These improvements will make the grounds both visually appealing and more functional for events and gatherings. Together, these initiatives will help preserve the site's cultural significance while making it a welcoming and accessible destination for the public.

STAKEHOLDERS/OUTREACH
The work will be coordinated with the contractor and Community Services & Parks Department (CSP) staff to minimize any disruptions to operations and the public.

FISCAL IMPACT
The PSA with Maestro to provide construction management services for the Preservation and Reuse of the Former Rockhaven Sanitarium Project will cost $304,730, which was approved as 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
$304,730 43110-4090-CDD-0020-P0000
PL: CDD00921AG
CIP Reimbursement Fund
There is no fiscal impact associated with adopting plans and specification for the project at this time. Staff intends to request a resolution of appropriation from the General Fund at the time of construction contract award if the bid amounts come in at or above the engineering estimate for construction.
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ENVIRONMENTAL REVIEW (CEQA/NEPA)
CEQA does not apply to projects where the lead agency determines "with certainty that there is no possibility that the activity in question may have a significant effect on the environment." CEQA Guidelines (14 Cal. Code Regs.) § 15061(b)(3).

CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance, the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with 10% interest or more in the firm proposed for contract in this Agenda Item Report are attached in Exhibit 1, in accordance with the City Campaign Finance Ordinance No. 5744.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: The City Council may choose not to approve the Resolution and Motion thereby deferring the improvements and maintain the status quo conditions and use of these facilities.

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

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Director of Public Works
Prepared by:

Arthur Asaturyan, Senior Project Manager
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1 – Campaign Finance Disclosure Forms
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RESOLUTION NO. __________

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

ADOPTING THE PLANS AND SPECIFICATION FOR THE

PRESERVATION AND REUSE OF THE FORMER ROCKHAVEN SANITARIUM PROJECT, SPECIFICATION NO. 4004, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS.

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

SECTION 1.The Plans and Specification on file in the City Clerk’s office for the Preservation and Reuse of the Former Rockhaven Sanitarium Project, including the various documents incorporated therein, are hereby approved, adopted, designated and shall hereafter be known as Specification No. 4004.

SECTION 2.The City Clerk is hereby directed to advertise for bids for the work, equipment and materials described in these Plans and Specification adopted by this Resolution.

Adopted this _____ day of ____________, 2025.
____________________________
Mayor, City of Glendale
ATTEST:
__________________________
City Clerk
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MOTION
Moved by Council Member _____________________________________, seconded by Council Member ______________________________________, that the Council of the City of Glendale hereby:

1. Authorizes the City Manager, or a designee, to execute a professional services agreement – subject to approval by the City Attorney - with Maestro Development LLC for construction management services for the Preservation and Reuse of the Former Rockhaven Sanitarium Project, as described in the report to the Glendale City Council dated March 11, 2025, in an amount not to exceed three hundred four thousand seven hundred thirty dollars ($304,730).

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
________________________
City Clerk
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CAMPAIGN FINANCE ORDINANCE DISCLOSURE
City of Glendale
Disclosure - Campaign Finance Ordinance

In August 2011, City Council adopted Ordinance No. 5744, Campaign Finance Ordinance, which became effective on September 9, 2011 and amended it with Ordinance No. 5768 in February 2011. The Ordinance prohibits campaign contributions from parties who contract/subcontract with the City of Glendale (City), Glendale Redevelopment Agency (GRA), or the Housing Authority (HA) of the City of Glendale and prohibits Council Members from voting on matters pertaining to contracts with persons who have provided campaign contributions.

The Ordinance requires disclosure in staff reports providing the following information for the contractor and it’s subcontractor(s) receiving a contract, or a series or combination of contracts, from the City with a total value of $50,000 or more and $25,000 or more, respectively, in a fiscal year (July 1-June 30), excluding competitively bid contracts awarded to the lowest responsible Proposer:

• Name of the entity
• Name of the Chief Executive Officer/President
• Chief Operating Officer
• Chief Financial Officer
• Chairperson
• Any member of the board of directors
• Any person or entity that owns more than 10% of the contracting party or any subcontractor • Name of any campaign committee controlled or sponsored by the contracting party

Please complete the following Information for contractors & subcontractors (including Consultants & Sub- consultants):

Contractor(s) *
Name Address

Full Name Title Business Address City State Zip
North America President & CEO
Country President US
Chief Operating Officer
Chief Financial Officer
Board of Directors
Publicly Traded Company

515 South Flower Street, Fl 18, Glendale, CA 90071
Maestro Development, LLC
515 South Flower St, Fl 18 Los Angeles CA 90071 Nareg
Mouradian
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2445118.1
* For purposes of the Ordinance, the Contractor is any “person” who is the party or prospective party to the contract with the City, GRA or HA or any member of that party’s Board of Directors, its Chairperson, Chief Executive Office, Chief Financial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in the party, and any campaign committee, that is sponsored or controlled by the party. Please disclose the name and addresses of these persons above.

Subcontractor(s) **
Name Address

Full Name Title Business Address City State Zip
Chairperson
Chief Executive Officer/President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
** “Subcontractor” means a person who has entered into a contract for the performance of all or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or general or prime contract, usually by a general or prime c ontractor. For purposes of the “subcontractor”, “Person” includes the subcontracting party as well as any member of that party’s Board of Directors, its Chairperson, Chief Executive Office, Chief Financial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in the party, and any campaign committee, that is sponsored or controlled by the party. Please disclose the names and addresses of these persons above.

Campaign Committee Controlled/Sponsored by

Title Business Address City State Zip

Certification
I hereby certify, on behalf of the above-named contractor, that the names of all “person” of the contractor and subcontractor under the contract are fully set forth above. I further acknowledge that the applicant has a continuing obligation to update this disclosure form if the applicant selects additional or substitute architects, design professionals, contractor or subcontractors within ten (10) days of the selection or change. I hereby certify that I have been legally authorized by the contractor to submit this disclosure form and certify to the content hereof.

Executed on at Brea , California

Contractor’s Signature Print Applicants’ Full Name

Contractor’s Address
Contractor’s Contact Phone Number: Contractors’ E-mail Address:

Nareg Mouradian
Glendale
01/16/25
515 South Flower St, Fl 18, Los Angeles, CA 90071
310-448-3128
[email protected]
2883 East Spring Street, Suite 300. Long Beach, CA 90806 Twining
2883 East Spring Street, Ste:300 Long Beach CA 90806 Edward M.

Twining, Jr
N/A
Robert
Ryan
Linas Vitkus
Robert
Hathaway
N/A
Edward M.

Twining, Jr

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CERTIFICATION

On behalf of the above-named Contractor Subcontractor:

• I acknowledge that I have a continuing obligation to update this disclosure form if I substitute― or if I select additional― architects, design professionals, contractors, or subcontractors within ten (10) days of the selection or change; and

• I hereby certify that:
 I have identified all persons for which the Ordinance requires disclosure;  The information in this disclosure form (and any attachment to this form) is true, accurate, correct, and complete; and  I have been legally authorized to submit this disclosure form.

In total, this disclosure form (including attachments) is pages.

Executed on: , 202X, at: , California.

Signature: Print Full Name:

Address:

Phone Number: E-mail Address:
x
January 16, 2025
Glendale
Nareg Mouradian
515 South Flower Street, Fl 18, Los Angeles CA 90071
1 310-448-3128
[email protected]

148 of 233

Statement of Qualifications/Proposal A.4
CONSTRUCTION MANAGEMENT SERVICES For PRESERVATION AND REUSE OF THE FORMER ROCKHAVEN SANITARIUM • ATTACHMENT E, Campaign Finance Ordinance Disclosure

• TRANSTECH Engineers, Inc., Prime Consultant

13367 Benson Ave Chino CA 91710 TRANSTECH Engineers, Inc.

13367 Benson Ave Chino CA 91710 13367 Benson Ave Chino CA 91710 Allen Cayir President
Sybil Cayir Secretary
Ahmad Anasi Principal
149 of 233

Statement of Qualifications/Proposal A.5
CONSTRUCTION MANAGEMENT SERVICES For PRESERVATION AND REUSE OF THE FORMER ROCKHAVEN SANITARIUM

909-595-8599
TRANSTECH Engineers, Inc.

1-15-2025
Ahmad Ansari, PE, Principal
[email protected]
13367 Benson Ave Chino CA 91710

Chino
150 of 233

Statement of Qualifications/Proposal A.6
CONSTRUCTION MANAGEMENT SERVICES For PRESERVATION AND REUSE OF THE FORMER ROCKHAVEN SANITARIUM

Ahmad Ansari, PE, Principal
1-15-2025
Chino
13367 Benson Ave Chino CA 91710

909-595-8599
[email protected]
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9a

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Appeal of Design Review Board's approval of DRB Case No. PDR 002532-2023 located at 1000 Sandringham Drive for the construction of a new 2-story, 5,067 square- foot (SF) single-family dwelling with an attached 3-car garage on a vacant 31,290 SF lot located in the R1R, FAR District III Zone.

1. Motion to sustain the Design Review Board’s decision of April 25, 2024, to approve the project with conditions.

2. Motion to continue the matter, directing the City Attorney to draft findings reversing the Design Review Board’s decision and denying the project.

COUNCIL ACTION
Item Type: Public Hearing
Approved for February 11, 2025 calendar

EXECUTIVE SUMMARY
This hearing is an appeal of a decision made by the Design Review Board on April 25, 2024, to approve with conditions Design Review Case No. PDR 002532-2023 for the construction of a new two-story, 5,067 SF single-family residence and an attached three-car garage on a 31,290 SF lot in the R1R, FAR District III zone (“Project”). The first floor will contain 2,880 SF and the second floor will contain 2,187 SF. A swimming pool and 1,400 SF basement (not counted as floor area due to ceiling height) are also proposed.

The appellant is requesting that the City Council overturn the Design Review Board decision to approve Design Review Case No. PDR 002532-2023 and deny the Project.

The appellant’s arguments focus on the following:
•There was a violation of a specific provision of law, which forms the basis for the appeal;
•The Board exceeded its authority;
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•The Board failed to fulfill a mandatory duty;
•The Board refused to hear or consider certain facts before rendering its decision; •The evidence before the Board was insufficient or inadequate to support its approval decision; and
•New evidence not previously presented, which if considered, should change the Board’s approval decision.

RECOMMENDATION
That the City Council sustain the Design Review Board's approval of Case No. PDR 002532-2023, based on all of the evidence, testimony, reasoning and findings of the DRB articulated at the April 25, 2024 DRB hearing, and set forth in the DRB’s Record of Decision (PDR 002532-2023 ) dated April 25, 2024, staff’s analysis of the appeal set forth below, any additional testimony or evidence presented at this hearing, and the Project’s overall conformance with the Comprehensive Design Guidelines.

If the Council wishes to reverse the Design Review Board’s decision, a second alternate motion is included to continue the matter for three weeks, without further public notice, and direct the City Attorney to prepare written findings in support of denying the Project.

BACKGROUND
This hearing is an appeal of a decision made by the Design Review Board on April 25, 2024, to approve Design Review Board Case No. PDR 002532-2023 with conditions for the construction of a new two-story, 5,067 SF single-family residence and an attached three-car garage, with a swimming pool and a basement on a 31,290 SF lot in the R1R, FAR District III zone.

General Information
Appellant:Christopher Smee
Status of Appellant:Interested Party
Applicant:Malekian and Associates
2255 Honolulu Avenue #1A
Montrose, CA 91020
Owner:Garnik Hovsepyan
GTS Investment Group LLC.
1400 Greenbrier Road
Glendale, CA 91207
Requested Action:
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The appellant is requesting that the City Council reverse the Design Review Board decision to approve Design Review Board Case No. PDR 002532-2023.

Legal Description: PM 144-4-5 Lot A Ex Land Description in document 2447914,051011
APN: 5650-001-017
Zone:“R1R” Low Density Residential Zone, Floor Area District III Land Use Element: Low Density Residential
Lot Size and Frontage: The Project site is approximately 31,290 SF and has a frontage of approximately 75.5 feet along Sandringham Drive, near the intersection of Sandringham Drive and Balmoral Drive.

Existing Site Characteristics: The subject site is irregularly-shaped, currently vacant and located in the Greenbriar neighborhood above Verdugo Park. The northwestern portion of the site was previously graded and is relatively flat. The remainder of the site slopes steeply down to the residential neighborhoods below. Low density single-family residential neighborhoods, zoned R1R, surround the site to the north, south and west.

To the east, an 8.2 acre vacant (Bachman Open Space) site, zoned SR (Special Recreation) is City-owned. There are no protected trees on the site.

A single-family house (similar to the current proposal) was approved for the subject site in 2008. A lot line adjustment between the subject site and the adjacent City-owned parcel was approved in 2005.

Circulation: Both Sandringham Drive and Balmoral Street are classified as local streets in the City’s Circulation Element of the General Plan. On-street parking is available on both sides of these streets adjacent to the subject property.

Surrounding Land Use/Zoning: The majority of properties nearby the subject site are zoned R1R (Restricted Residential), FAR District III. Immediately north and east of the site is the Bachman Open Space area, which is approximately 8.2 acres and zoned SR (Special Recreation). Properties within the surrounding area vary widely in size. Within 300 linear feet of the site, the average lot size is 15,945 square feet. The surrounding homes are predominantly two-story. Home sizes range from 1,965 SF to 5,515 SF with an average size of 3,833 SF.

Utilities and Public Services: All municipal and private utilities are in place serving the neighborhood and other public services are currently provided in the vicinity. 154 of 233

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PROJECT HISTORY
DRB Case (PDR 002532-2023):

December 16, 2005 – Lot Line Adjustment Case No. 04-1-A between two parcels at 1000-1012 Sandringham Drive and 1376 -1382 Sunshine Drive was found to be in compliance with local zoning and building ordinances. On October 11, 2005, Certificates of Compliance and a grant deed related to the lot line adjustment were recorded at the Los Angeles County Recorder’s Office.

June 26, 2008 – Design Review Board Case No. 1-PDR-2007-134 was presented to the Design Review Board for the construction of a new, two-story, 5,113 SF single-family residence in the R1R, FAR District II zone. A swimming pool and basement were also proposed. The Board approved this project with three conditions. The design of the residence was very similar to the present design. The house was never built.

November 21, 2023 – Applicant submitted a design review application (PDR 002532- 2023) proposing the construction of a new, two-story, 5,067 SF single-family residence and an attached three-car garage on a 31,290 SF lot in the R1R, FAR District III zone.

A swimming pool and 1,400 SF basement were also proposed.

April 25, 2024 - Design Review Board Case No. PDR 002532-2023 was presented to the Design Review Board with a staff recommendation to approve the project with conditions.

The DRB voted unanimously (3-0, Kaskanian and Simonian absent) to approve the Project with three conditions:

Conditions:

1. Vines or other hanging plants shall be planted adjacent to the driveway retaining walls to soften the appearance of these features.

2. Rescale the entry of the residence slightly to reduce its mass, while maintaining the balance of the overall façade composition.

3. To visually minimize the rear retaining walls, the color and materials used shall blend with the adjacent earth and substantial landscaping shall be planted above and below them.

May 10, 2024 – An interested party (the appellant) appealed the case.

ANALYSIS
SUMMARY OF DESIGN REVIEW BOARD’S DISCUSSION FROM APRIL 25, 2024:
•Three of the five current Design Review Board members attended the April 25, 2024, meeting at which the Project was discussed. Board Members Kaskanian and Simonian were absent.
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•Board Member Welch stated that the subject Project was prominent on a unique lot. The proposed residence would be located between a high granite hillside and a very large house and while it will be visible from the street, it is setback significantly with a long driveway and in line with other homes on Balmoral Drive.

He cited no objections regarding the site planning of the project. Mr. Welch acknowledged that the proposed residence is massive and prominent but is located in a neighborhood of very large homes. The detailing of the house is well done and breaks up the straight up and down massing. The proposed residence appropriately integrates with the rest of the neighborhood. Mr. Welch noted that the design and detailing is very nice, including the copper roofing and window details and that the entry does not rise to being “monumental”. His biggest objection regarding the project was the back side of the house and the prominence of it with anyone viewing it from a distance. He stated that any downslope retaining walls need to blend with the hillside and significant landscaping should be provided in this area, along with anything else considered that would minimize these walls.
•Board Member Tchaghayan concurred with Mr. Welch. She stated that the house, while not her style, was beautifully done and she appreciates the details.

Ms. Tchaghayan acknowledged that the house was massive but that the subject site is helping the situation, where the house is away from the street and pushed back in line with other houses and no other neighbors around it. She also had concerns regarding the rear retaining walls but appreciated their terracing. •Board member Lockareff stated that she was more challenged with the Project than the other two Board members. She felt that the Project was massive and much more visible than she would have thought. Ms. Lockareff concurred with the concerns expressed regarding the rear retaining walls and her opinion regarding the potential alterations to the front of the residence to minimize its massiveness generated some Board discussion and in the end a condition to slightly rescale the entry of the residence.

The Board voted to approve the project (3 - yes, 0 – no, 2 - absent) with three conditions, as noted above.

SUMMARY OF APPELLANT’S DISCUSSION and STAFF’S ANALYSIS OF APPEAL:

In the appeal application, the appellant states that there was a violation of a specific provision of law, which forms the basis for the appeal and that the Design Review Board 156 of 233

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exceeded its authority, failed to fulfill a mandatory duty, and refused to hear or consider certain facts before rendering their decision. Further, the appellant believes that the evidence before the Board was insufficient or inadequate to support its approval and that new evidence, not previously presented, which if considered, should change the Board’s approval decision. The appellant also provided additional facts to support their opinion related to the appeal. Detailed content of the appellant’s arguments are contained in the appeal application. For clarity, staff has labeled arguments contained in the appellant’s appeal application. Below is a summary of the statements made by the appellant in the appeal application, as required by Glendale Municipal Code Section

2.88.030 and staff’s analysis of those arguments:

1. The appellant argues that the proposed Project provided insufficient notice because the required “story poles” were installed less than 10 days prior to the Design Review Board meeting, preventing neighbors from viewing the project story poles prior to this meeting.

Further, the appellant states that the appeal fee submitted is filed under protest because the hearing date was set prematurely by the City.

Staff’s Response:

The story poles for the project were installed approximately 5 days prior to the hearing, and the City’s Zoning Code does not contain a requirement that an applicant erect the temporary frames (story poles) any number of days prior to the Design Review Board hearing. All public noticing for the project, including installing an on-site sign, mailing property owners and occupants within 500 feet of the subject site notice of the public hearing, and posting the public hearing notice at City Hall and on the City’s website, were done in a timely manner. Accordingly, both the noticing and the temporary frame installation were completed in a timely manner consistent with legal requirements.

2. The appellant states that the subject parcel has an irregular shape and does not follow a clear lot line, as required by subdivision codes. The appellant questions whether the lot was created legally, whether variances were granted for lot frontage and why the property does not match the shape and square footage of the parcel description shown in the Los Angeles County Tax Assessor maps.

Staff’s Response:

The subject parcel is an irregular shape, particularly in its northern portion; however, no changes to the lot or property lines are proposed as a result of the present application.

The present application seeks approval to construct a new single-family residence on the subject lot. A lot line adjustment between 1000-1012 Sandringham (the subject site) and 1376-1382 Sunshine Drive (the lot immediately north of the subject site) was found to be in compliance with local zoning and building ordinances on December 6, 2004. 157 of 233

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Certificates of compliance and a grant deed related to this lot line adjustment were recorded at the Los Angeles County Recorder’s office on October 11, 2005. The two lots were legally altered with the approval of the lot line adjustment and the recording of the above-mentioned documents with the County. There were no variances granted for lot frontage at the time of the lot line adjustment. The submitted site plan for the project and the Los Angeles County assessor’s map for the subject site match in shape and property line dimensions, with the exception of the western property line, which is 0.01- FT in deviation – the assessor’s map shows a dimension of 336.97 feet while the survey and site plan submitted with the project application shows a dimension of 336.96 feet.

The square footages of subject site are the same on both the assessor’s map and the site plan. Accordingly, the evidence demonstrates the Project site, parcel and/or lot is legally sufficient.

3. The appellant states that there is a fire access easement across the driveway portion of the property that has been gated off, and questions the legitimacy of this. The applicant questions whether the City’s Fire Department knows about this claimed easement, given the very high fire severity zone in which the property, as well as wildlands to the north and east of the subject site and surrounding residential area, is located.

Staff Response:

Staff spoke with a representative of the City’s Fire Department and there is no fire access easement across the driveway portion of the property. The appellant is accurate in stating that the subject site and the surrounding area are located in a very high fire hazard severity zone.

4. The appellant is unclear whether a portion of Parcel A (now Bachman Open Space) that was given to the City as open space was legally or illegally subdivided. The appellant states that the California Environmental Quality Act (CEQA) review is required when a City accepts lands for public purpose, which he assumes is open space and habitat protection, and questions when the land donation was cleared through CEQA.

Staff Response:

As previously mentioned, in 2004/2005, a lot line adjustment was found in compliance with City zoning and building ordinances and certificates of compliance and a grant deed were recorded in the Los Angeles County Recorder’s office between the subject site (1000 Sandringham) and the adjacent property to the north and east, what is known as Bachman Open Space. This change in parcel boundaries was legally done with recordings of these documents. The purpose of the lot line adjustment was for the City to acquire additional open space and access to the adjacent city-owned parcel. The area of land which encompassed the lot line adjustment, approximately 20,250 SF, was 158 of 233

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donated from the private property owners of 1000-1012 Sandringham Drive to the City, which owns the adjacent Bachman Open Space.

Lot line adjustments are ministerial projects. Ministerial projects are projects where the law requires a governmental agency to act on a project using fixed standards and the agency does not have authority to use its own judgement. Ministerial projects are exempt from California Environmental Quality Act (CEQA) requirements. CEQA only applies to discretionary actions. Discretionary actions under CEQA are projects that require a government agency to use judgement to approve or disapprove them. CEQA review was not required with the lot line adjustment in the present case.

5. The appellant contends that the entire original parcel (including the subject site) should be in public ownership as open space given the area is a known wildlife corridor. The appellant notes that protection of wildlife habitat and corridors and natural resource protection is policy in the Greener Glendale Plan and the City’s General Plan and cites state law on the importance of preserving wildlife habitats and corridors. The appellant concludes that Project design that accommodates (development), while protecting wildlife corridors, falls under the purview of the Design Review Board and suggests design modifications and conditions to the Project. These modifications and conditions include the following:
a. Northern 15 feet of the property should be designated for wildlife passage, rather than the minimum 10-ft. interior setback.
b. Fencing/retaining walls should be limited to no more than 3 ft. high along the northerly 15 feet of the property to allow open access for migrating wildlife. c. No buildings/accessory structures should be constructed within 15 feet of the northerly property line, within the area designated as a wildlife passage. d. No outdoor lighting/spill over lighting should be permitted within the northern 15 feet of the property, consistent with dark skies and privacy requirements. e. A maximum of 15% or less slope should be instituted, consistent with the Glendale Municipal Code for driveways, which would allow for wildlife access as well as for firefighters during emergency events.
f. The second story of the residence should be setback from the slope along the northern edge of the property, adjacent to the wildlife passage to allow light and air flow and reduce the “tunneling” effect.
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g. Native landscaping, chosen from a fire-wise pallet and approved by the Fire Department, should be used particularly within the northern 15 feet of the property.
h. Mechanical equipment should not be located within the northerly 15 feet of the property, within the wildlife passage.
i. Trash enclosures should not be located within the northern 15 feet of the property, within the wildlife passage.
j. Consistent with the Hillside Design Guidelines, walls along the northerly property line should be decorative and contain natural material to blend into the landscape.
k. Any walled areas should include steps or terraces to allow access escape during emergencies and for fuel modification and other maintenance. l. Required drainage facilities should be colored to match the hillside and use decorative treatment.

Staff Response:

The subject site (1000 Sandringham) is privately owned and zoned R1R (Restricted Residential) zone. Single-family homes are a permitted use in this zone and the present project is the construction of a new single-family house. The subject site was initially larger in size. As mentioned, in 2004/2005, a lot line adjustment was performed between this site and the adjacent approximately 8.2 acre City-owned site, Bachman Open Space. The lot line adjustment (and deed) transferred approximately 20,500 SF of the subject site to the City-owned site for open space purposes.

The Greener Glendale Plan is the City’s sustainability plan and was adopted in March 2012. The purpose of this Plan is to describe specific measures that the City can take to address topics including, energy, water, waste, transportation, urban design, urban nature, and environmental and how the City can meet its state-mandated reduction targets for greenhouse gas emissions.

As it relates to the appellant’s suggested conditions and design modifications, staff’s responses are as follows:
a. The subject site is zoned R1R, a single-family zone, and the interior setback (northern property line) requires a minimum of 10 feet. The property currently 160 of 233

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does not include an easement for wildlife access and the Design Review Board has no authority to require an easement.
b. Retaining walls are located within the street front and interior setbacks. These walls are either a maximum of 18 inches, three feet or five feet depending on their locations, consistent with Zoning Code requirements. c. There are no buildings within 15 feet of the northern property line. There are retaining walls within this area, consistent with Zoning Code requirements. There is no area designated as a wildlife passage on this privately-owned site, zoned for single-family use.
d. The City does not have a “dark skies” ordinance and regulations related to privacy are limited to certain window locations and balconies. There will be lighting installed on the proposed residence. Staff did not note any lighting on the various retaining walls proposed for the Project.
e. There are areas of the driveway with a maximum 20% slope, as permitted in the Zoning Code. Transition slopes are also shown on the plans. During plan check, driveway slopes will be verified to ensure compliance with code requirements. f. The front of the house generally faces the northern property line. There are areas of the second floor of the residence where the second floor steps in from the first floor and other areas where the floors are “in-line”. The closest portion of the house to the northern property line is approximately 17 feet. g. Native and drought-tolerant planting is used throughout the site. A minimum 100-foot fuel modification zone is required by the Fire Department. h. Mechanical equipment is proposed in the western portion of the site adjacent to the proposed residence, approximately 10 feet from the western interior property line. The location of this equipment complies with the City’s Zoning Code. i. Trash storage is located adjacent to the garage in a “trash storage area” and covered by the walkway leading to the front door of the residence. A small portion of this area, which is in effect subterranean, is located within 15 feet of the northern property line.
j. Retaining walls are split face CMU, which is consistent with the “decorative wall” requirements in the zoning code and the Hillside Design Guidelines. k. There are a number of retaining walls proposed for the project. Some of these walls have railings above them depending on the particular circumstances. The property owner will be responsible for maintenance of the site as well as anything related to fuel modification responsibilities. The Building and Safety Division will review the Project during plan check to ensure the residence will be safe and provide proper access.
l. Staff is unsure what the appellant is referring to regarding drainage facilities. The City’s Public Works Department reviewed the proposed plans prior to the Design Review Board hearing and did not cite concerns related to drainage. During plan 161 of 233

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check, drainage will be checked by the Building and Safety Division and the Public Works Department.

Accordingly, staff does not recommend imposing any of the appellant’s proposed conditions.

SUMMARY
Based on the analysis of the appeal and the reasoning contained in the April 25, 2024, staff report, staff recommends that the City Council sustain the Design Review Board’s approval decision.

The basis of the staff’s recommendation includes the following:

Site Planning: The proposed site planning is appropriate, as modified by any conditions, to the site and its surroundings for the following reasons:
•The residence does not have much presence from the adjacent streets, given the unusual shape of the lot.
•The residence will be located on a relatively flat portion of the subject site. •The attached garage proposed is typical of the neighborhood. The garage (as well as the residence) will be located within the main body and not the “flag” portion of the lot and, therefore, is not readily visible from the public right-of-way. •The landscape plans propose drought-tolerant plants, consistent with the Hillside Design Guidelines. As conditioned, vines or other hanging plants shall be installed to soften the appearance of the driveway adjacent retaining walls as well as the walls at the rear of the house.

Mass and Scale: The proposed mass and scale are appropriate, as modified by any conditions, to the site and its surroundings for the following reasons:
•The proposed residence is located on a flat portion of a relatively steep lot. •While the south elevation of the proposed residence does not follow the topography of the site, given the location of the proposed residence as well as existing topography and development in the greater neighborhood, this should not be problematic.
•While the proposed residence (including its entry) is large and appears monumental, it is set back significantly from adjacent streets. As conditioned, the entry shall be slightly reduced in scale, while maintaining the balance of the overall façade composition.
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Building Design and Detailing: The proposed building design and detailing are appropriate, as modified by any conditions, to the site and its surroundings for the following reasons:
•The large balcony located off the primary bedroom should not pose privacy concerns given its location and orientation and distance from the adjacent property to the west.
•The various materials used, including smooth stucco, slate roofing and fiberglass windows, are of high quality and re-enforce the architectural design of the proposed residence.
•As conditioned, to visually minimize the rear retaining walls, the color and materials used shall blend with the adjacent earth.

STAKEHOLDERS/OUTREACH
The Code requires public notice when the Council considers approval of entitlements such as design review. Staff has mailed copies of the notice to all property owners and occupants within 500’ of the project. Also, a public notice was posted on-site.

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

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The project is exempt from CEQA review as a Class 3 “New Construction or Conversion of Small Structures” exemption pursuant to Section 15303 of the State CEQA Guidelines because the project is the construction of a new single-family house. The property does not appear eligible for historic designation at the federal, state or local levels and is, therefore, not considered a historic resource under the California Environmental Quality Act.

CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report are attached in Exhibit 7, in accordance with the City Campaign Finance Ordinance No. 5744.

ALTERNATIVES
The City Council has the following alternatives to consider:

Alternative 1. Sustain the Design Review Board’s decision to approve Case No. PDR 002532-2023 with any desired added, removed or modified conditions.

Alternative 2. Continue the case, directing the City Attorney to draft findings supporting denial of the Design Review Board application.
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ADMINISTRATIVE ACTION
Prepared by:

Roger Kiesel, Senior Planner
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Location Map
Exhibit 2: Project plans reviewed and approved by the Design Review Board on April 25, 2024
Exhibit 3: Staff report and Record of Decision for April 25, 2024, Board meeting Exhibit 4: Site and Neighborhood Photos
Exhibit 5: Appeal application of Board’s decision to City Council filed on May 10, 2024 Exhibit 6: Lot Line Adjustment approval
Exhibit 7: Campaign Disclosure Form
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MOTION
Moved by Council Member _____________________________, seconded by Council Member _________________________, that upon review and consideration of all documents, materials, exhibits and testimony relative to the appeal of the Design Review Board approval with conditions of Design Review Case No. PDR 002532-2023, located at 1000 Sandringham Drive (the “Design Review Case”), and after having conducted a public hearing on the appeal on February 11, 2025, pursuant to the Glendale Municipal Code, 1995, and receiving testimony, the City Council of the City of Glendale, California, based upon all of the evidence in the record, hereby SUSTAINS the Design Review Board’s decision to APPROVE the Design Review Case with conditions (the “Project”), based on the findings and conclusions set forth in the February 11, 2025, report to Council from the Director of Community Development, including any attachments thereto, and including additional findings and conditions set forth below in this motion. Further, the Council hereby adopts, and incorporates herein by this reference, the analysis, findings, conclusions and conditions of the Design Review Board in its Record of Decision dated April 25, 2024 (Exhibit 3 to the staff report to Council).

FINDINGS
In sustaining the Design Review Board’s decision and approving the Design Review Case, the Council hereby makes the following findings:

1.Site Planning: The proposed site planning is appropriate, as modified by any conditions, to the site and its surroundings for the following reasons:
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2 •The residence does not have much presence from the adjacent streets, given the unusual shape of the lot.
•The residence will be located on a relatively flat portion of the subject site. •The attached garage proposed is typical of the neighborhood. The garage (as well as the residence) will be located within the main body and not the “flag” portion of the lot and, therefore, is not readily visible from the public right-of-way. •The landscape plans propose drought-tolerant plants, consistent with the Hillside Design Guidelines. As conditioned, vines or other hanging plants shall be installed to soften the appearance of the driveway adjacent retaining walls as well as the walls at the rear of the house.

2.Mass and Scale: The proposed mass and scale are appropriate, as modified by any conditions, to the site and its surroundings for the following reasons:
•The proposed residence is located on a flat portion of a relatively steep lot. •While the south elevation of the proposed residence does not follow the topography of the site, given the location of the proposed residence as well as existing topography and development in the greater neighborhood, this should not be problematic.
•While the proposed residence (including its entry) is large and appears monumental, it is set back significantly from adjacent streets. As conditioned, the entry shall be slightly reduced in scale, while maintaining the balance of the overall façade composition.
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3 3.Building Design and Detailing: The proposed building design and detailing are appropriate, as modified by any conditions, to the site and its surroundings for the following reasons:
•The large balcony located off the primary bedroom should not pose privacy concerns given its location and orientation and distance from the adjacent property to the west.
•The various materials used, including smooth stucco, slate roofing and fiberglass windows, are of high quality and re-enforce the architectural design of the proposed residence.
•As conditioned, to visually minimize the rear retaining walls, the color and materials used shall blend with the adjacent earth.

CONDITIONS OF APPROVAL

1. Vines or other hanging plants shall be planted adjacent to the driveway retaining walls to soften the appearance of these features.

2. Rescale the entry of the residence slightly to reduce its mass, while maintaining the balance of the overall façade composition.

3. To visually minimize the rear retaining walls, the color and materials used shall blend with the adjacent earth and substantial landscaping shall be planted above and below them.

4. Malekian and Associates, Garnik Hovsepyan and/or GTS Investment Group LLC (Applicant/Owner), and their respective successors; owners by deed, deed-in-lieu of foreclosure, foreclosure or otherwise; assigns; and/or any real party in interest with an interest in the property that is the subject of this approval, and/or with an interest in the Project site, that is named as a party in any suit (hereinafter collectively the 167 of 233

4 “Developer”), agree to and shall defend, indemnify, and hold harmless the City of Glendale (the “City”), and each of its agents, officers, council members, commissioners, attorneys, employees and representatives (the “Indemnitees”) from any claim, action or proceeding brought against the City and/or the Indemnities to attack, set aside, void or annul any City land use or California Environmental Quality Act approval for the Project.

The Developer agrees to use legal counsel reasonably acceptable to the City. The foregoing shall include, without limitation, payment of all damages awarded against the City and/or the Indemnitees, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with such action or proceeding. In the event that a claim, action or proceeding referenced herein is brought, the City shall promptly notify the Developer of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. As used herein, “land use approval” shall refer to decisions of the City approving requests of applicants for planning permits, including, but not limited to, general plan amendments, annexations, zone changes, zoning ordinance text amendments, tentative maps, vesting tentative maps, tentative parcel maps, reversions to acreage, final maps, final modifications or amendments, time extensions, parcel map waivers, lot line adjustments, boundary line adjustments, certificates of compliance, conditional certificates of compliance, design review approvals, development agreements, conditional use permits, conditional use permit modifications, conditional use permit extensions, variances, variance modifications, precise plan of design, specific plans, density bonus review/housing plan applications, sign permits, parking reduction permits, site plans, temporary use permits, any administrative or discretionary permit pertaining to a land use approval, and/or any 168 of 233

5 accompanying California Environmental Quality Act determination(s) pertaining to the type of approval referred to in this section, and any other similar approval.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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MOTION
Moved by Council Member _____________________________, seconded by Council Member _________________________, that upon review and consideration of all documents, materials, exhibits and testimony relative to the appeal of the Design Review Board approval with conditions of Design Review Case No. PDR 002532-2023, located at 1000 Sandringham Drive (the “Design Review Case”), and after having conducted a public hearing on said appeal on February 11, 2025, pursuant to the Glendale Municipal Code, 1995, and receiving testimony, the City Council, based upon all of the evidence in the record, hereby REVERSES the Design Review Board’s decision and DENIES the Design Review Case. The City Council hereby continues this matter for three weeks until the March 4, 2025 City Council meeting, without further public notice, and directs the City Attorney to prepare written findings in support of denying the Design Review Case.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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