MOTION
Moved by Council Member _____________________________, seconded by Council Member _________________________, that upon review and consideration of all documents, materials, exhibits and testimony relative to Appeal Case No. PAPP007054-2026, the appeal of the Planning Commission approval with conditions of Density Bonus Case No. PDBP-005269-2025 located at 3411–3427 Foothill Boulevard, and after having conducted a public hearing on the appeal on October 20, 2026, pursuant to the Glendale Municipal Code, 1995 (“GMC”), and receiving testimony, the City Council of the City of Glendale, California, based upon all of the evidence in the record, hereby denies the appeal and SUSTAINS the Planning Commission’s decision on appeal to APPROVE Density Bonus Case No. PDBP-005269-2025 based on the findings and conclusions set forth in the June 3, 2026 Planning Commission decision letter and corresponding motion (“June 3 PC Decision”), and the October 20, 2026, report to Council from the Director of Community Development, including any attachments thereto. The City Council hereby incorporates herein by reference all of the findings and conclusions in the June 3 PC Decision, as well as all conditions of approval contained therein, and as follows:
FINDINGS
In approving the Density Bonus case, the Council hereby makes the following findings:
Incentives/Concessions:
1. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs or to provide affordable rents.
The applicant is requesting concessions from maximum lot coverage standards (61% requested vs. 50% maximum permitted), FAR standards (2.49 FAR requested vs. 1.2 maximum permitted) and building height standards (5 stories/74 feet requested vs. 3 stories/36 feet maximum permitted). These requests will reduce costs for the applicant for providing affordable units by enabling a greater number of residential units to be built on the site, which will in turn create construction efficiencies and reduce land costs per residential unit. The additional units constructed will result in identifiable and actual cost reductions because the building of these units will take advantage of 2 construction efficiencies. Additionally, once completed and leased, the units will generate rental income to offset the cost of providing the 9 units at a rental rate affordable to very low-income households. If the Project were to comply with the Zoning Code regulations associated with lot coverage, FAR and building height, the volume (footprint and height) of the Project would be significantly reduced and would subsequently affect the viability of the Project to include affordable residential units. With the requested concessions, the owner/applicant will realize cost reductions that will allow it to provide 9 units at an affordable rent to very low-income households. Additionally, the requested concessions will allow the construction of a greater number of larger 2- and 3- bedroom market rate and affordable units, which are in high demand in the La Crescenta area.
Thus, based on the evidence identified above, the incentives/concessions shall be granted, as they will facilitate the project’s ability to provide affordable rents.
2. The incentive or concession will have a “specific adverse impact upon public health and safety,” as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the housing development unaffordable to low-income and moderate-income households.
As used herein, “specific adverse impact upon public health or safety” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or the land use designation in the general plan shall not constitute a specific, adverse impact upon public health or safety.
The applicant is seeking approval of three concessions for lot coverage, FAR and building height, pursuant to Government Code Section 65915, et seq. and GMC Chapter 30.36 (Density Bonus Incentives), discussed above, in exchange for providing 9 rental units affordable to very low-income households. This denial finding cannot be made as there is no evidence that these incentives will have specific adverse impacts. To the contrary, no specific adverse impacts upon public health or safety or on the physical environment or on any real property listed in the California Register of Historical Resources would occur by granting the requested concessions for increased lot coverage, floor area and height.
While the site was identified as a State Water Board (SWB) list of Leaking Underground Storage Tank (LUST) Sites (part of the database used to compile the Cortese List), the SWB issued a Confirmation of Case Closure letter in April, 2014.
In connection with this site, City staff met with representatives of the SWB’s Los Angeles Regional Water Quality Control Board who recommended conditions of approval that have been incorporated into project approval. Further, a Phase I environmental assessment was performed in 2017 and found no contamination. 3 Project site listing on the Cortese List would not have prevented the use of AB 130 statutory exemption, rather it would have required site cleanup prior to commencement of project construction.
The subject site is not located in any identified Very High Fire Hazard Severity Zone, in an Alquist-Prioto Fault Zone, in a Fault Hazard Management Zone, in a Landslide Hazard Zone or in a Liquifaction Hazard Zone.
As part of the 2025 Safety Element Update, Kittelson and Associates, a transportation engineering and planning consulting firm, prepared an evacuation analysis. This analysis identified certain street segments in the vicinity of the project site as at or exceeding roadway capacity in both the base year (2021) and future year (2040). However, the 2025 Update identifies traffic management strategies to increase evacuation capacity and efficiency. As opposed to the consulting firm cited in the 2025 Update, the appellant submitted evacuation modeling from Tim Tierney, who has a master’s degree in geology and is experienced with software for spatial analysis. Mr. Tierney’s modeling used the Lighthill-Whitham-Richards (LWR) model, which is a macroscopic traffic flow model that uses partial differential equation to describe traffic density over time and treats traffic as a continuous fluid rather than tracking individual vehicles and was executed through Google-AI.
AB 130 is a statutory exemption rather than a categorical exemption. Under California environmental law, statutory exemptions cannot be legally challenged or overturned and, therefore, New York Reservoir, immediately north of the project site cannot be an “unusual circumstance” used to require additional environmental review.
The Project site is not listed on the National Register of Historic Places, California Register of Historical Resources, or Glendale Register of Historic Resources, and has not been identified as a historic resource in any survey. Accordingly, this denial finding cannot be met.
The requested concessions do not include or necessitate reductions in standards to the California Building Code with City of Glendale amendments, (Community Development Department), Fire Department or Engineering Division (Public Works Department) requirements or other objective, identifiable written requirements pertaining to health and safety. The proposed Project is statutorily exempt from further CEQA review because it meets the requirements for certain qualifying infill housing projects that meet certain criteria (reference Environmental Determination above) by Public Resources Code Section 21080.66 added by state budget trailer bills AB 130 and AB 131.
The additional residential density will, in fact, promote the City’s health and safety since there will be more housing opportunities for low-income households. The Project will advance the goals and policies of the General Plan, Housing Element (2021-2029), including, but not limited to, Goal 1 (“A City with a Wide Range of Housing Types to Meet the Needs of Current and Future Residents”), Goal 3 (“A 4 City with Increased Opportunities for Affordable and Special Needs Housing Development”) and Policies 3.1 and 3.2 “Encourage both the private and public sectors to produce or assist in the production of affordable housing for special needs groups such as: persons with disabilities, the elderly, large families, singleparent households, and formerly homeless” and “Promote the development of extremely low, very low, low and moderate income housing by allowing developers density bonuses or other financial incentives for providing units for low and moderate income residents. The unit mix and location of affordable housing units in density bonus projects must be approved by the City and included in an affordable housing agreement.”
3. The incentive or concession will be contrary to state or federal law. The granting of an incentive or concession shall not require or be interpreted, in and of itself, to require a general plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition.
The requested concessions for lot coverage, FAR and building height will not be contrary to state or federal law. No discretionary entitlements other than Design Review Board review and approval for the design of the project is required. The Project is designed to comply with the California Building Code with City of Glendale amendments. The proposed multi-family residential development will be consistent with the City’s General Plan. The Project meets the goals and policies in the Housing Element to provide affordable housing. There is no evidence of state or federal laws being violated. Accordingly, this denial finding cannot be met.
Since there is no substantial evidence to support any of the three findings for denial, the Director of Community Development must grant, and does hereby grant, the requested concessions.
Waivers:
1. The application of said development standard(s) will have the effect of physically precluding the construction of the housing development at the density and with the incentives or concessions granted pursuant to this chapter.
The application of the development standards requested to be waived, including providing all residential parking in subterranean and semi-subterranean levels, allowing residential units on the ground floor and providing additional open space will have the effect of physically precluding the construction of the housing development at the density and with the incentives or concessions granted pursuant to GMC Chapter 30.36.
5 The City’s Zoning Ordinance requires off-street parking spaces for residential units to be provided in subterranean or semi-subterranean garages where there is more than one dwelling unit for each 2,500 SF of lot area or when there are more than four dwelling units in one building on a lot. The project proposes one dwelling unit for each 666 SF of lot area and 87 units in the building. The 1.3 acre site contains a cross slope, sloping up both from east to west and from south to north. While requiring the project to provide all parking to be either subterranean or semisubterranean would not literally preclude the construction of dwelling units at the density and with the incentives or concessions granted, it would effectively preclude their development. Certain dwelling units in the northern and western portions of the Project would be constructed below the adjacent ground level, inhibiting their light, air and ventilation and rendering them not desirable or viable in which to reside.
Table 30.12-A of the GMC requires the ground floor level of multi-family residential developments in the CH (Commercial Hillside) zone to be occupied with permitted commercial uses. The applicant is requesting a waiver to provide ground floor dwelling units (approximately 12 units) in lieu of ground floor commercial uses. To provide the ground floor commercial and recover the dwelling units currently located on that level somewhere else on the Project Site, the applicant would need to construct a taller building, which would also significantly increase the cost of constructing the project. Allowing residential units on the ground floor would maximize the Project’s density without further increasing the mass and scale of the overall project.
The CH (Commercial Hillside) zone permits ground level residential uses with approval of a conditional use permit. It could be possible to replace the ground floor commercial with dwelling units through this process. However, if the conditional use permit were not granted, units could not be located at the ground floor, resulting in either fewer affordable units or the need for additional floors on the Project.
The City’s Zoning Ordinance requires that projects on lots with a minimum width of 90 feet and with density exceeding the maximum density permitted by code for lots with less than 90 feet in width, that additional open space be provided equal to 900 SF plus an additional 20 SF for each additional foot of lot width over 90 feet. The Project is required to provide 1,607 SF (900 SF + (170.34 ft. (width of lot) – 90 feet x 20 SF)) of additional open space. If the Project were required to provide this additional open space, it would further restrict where the building footprint could be located on the lot and physically prevent construction of the housing development at the density and with the incentives or concessions granted. This additional open space must be located within 50% of the lot depth/width nearest the street-front or street-side property line, visible from the public street and be integrated with the landscaping of the contiguous setback area and open to the sky. These criteria limit the additional open space to ground-level areas and, as a result, this requirement further constrains the footprint of the building, which, in turn, reduces the area available for residential units. It also limits the ability to design vertically, as extending the building upward without encroaching into the additional open 6 space would necessitate a smaller building footprint. The constrained footprint means fewer units can be built at all levels of the building.
2. The waiver or reduction in development standards will not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; The waivers for parking location, ground floor residential units and additional open space do not include or necessitate reductions in standards to any state or local Building and Safety Division (Community Development Department), Fire Department or Engineering Division (Public Works Department) requirements or any other objective, identifiable written requirements pertaining to health and safety.
The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code (PRC) Section 21080.66.(a) for a housing development project as defined in subdivision (b) of Section 65905.5 of the Government Code, and the Project is subject to the requirements of AB 130 [PRC Section 21080.66. (b) (1) (A)]. The Project meets each standard/criteria for PRC § 21080.66 in-fill statutory exemption, as outlined below:
• Housing Development Project: The Project is a multi-family development, which is devoted entirely to residential use and qualifies as a “housing development project” under the statute.
• Urban Location and Site Size: The Project site is less than 20 acres in size and located in the City of Glendale, which is designated as an urban area by the U.S. Census Bureau.
• Previously Developed Site: The Project site was previously developed with an auto dealership and a commercial center containing retail and restaurant uses, which are considered urban uses.
• Consistency with Objective Plans and Standards: The Project complies with the Glendale General Plan and the City’s Zoning Ordinance, except where deviations are allowed through concessions/incentives and waivers pursuant to the Density Bonus Law.
• Minimum Density Requirement: The Project will meet the minimum density requirement of at least 50% of the default density (44 units per acre), which equals 22 units per acre. The Project proposes a density of 65 units per acre, well above the minimum.
7 • Exclusion from Sensitive Environmental Areas: The Project site is not located within any of the following areas:
o Coastal Zone
o Wetlands, as defined by the U.S. Fish and Wildlife Service o Prime farmland, farmland of statewide importance, or land zoned/designated for agricultural production
o Sites included on the Cortese List or otherwise identified as hazardous waste sites by the Department of Toxic Substances Control (DTSC) o Delineated earthquake fault zones
o Special flood hazard areas
o Regulatory floodways as designated by FEMA
o Areas identified for conservation in an adopted natural resource protection plan
• No Sensitive Habitat: The site does not contain habitat for species that are identified as candidate, sensitive, or special status by federal or state wildlife agencies.
• No Conservation Easement: The site is not subject to a conservation easement.
• No Designated Historic Resources: The site does not contain any historic resources listed on the national, state, or local historic registers.
The Project setbacks comply with the Zoning Code to provide light, air and ventilation for adjacent buildings and uses, including New York Park to the north, commercial buildings to the east, west and south and residential buildings to the east and west of the subject site. The requested waivers allow for additional buildable area on the site, which will then accommodate additional dwelling units.
The additional density will promote the City’s health and safety in that there will be greater housing opportunities for very low-income households. The Project will advance the goals and policies of the General Plan, Housing Element (2021- 2029), including, but not limited to, Goal 1 (“A City with a Wide Range of Housing Types to Meet the Needs of Current and Future Residents”), Goal 3 (“A City with Increased Opportunities for Affordable and Special Needs Housing Development”) and Policies 3.1 and 3.2 (“Encourage both the private and public sectors to produce or assist in the production of affordable housing for special needs groups such as: persons with disabilities, the elderly, large families, singleparent households, and formerly homeless”) and (“Promote the development of extremely low, very low, low and moderate income housing by allowing developers density bonuses or other financial incentives for providing units for low and moderate income residents. The unit mix and location of affordable housing units in density bonus projects must be approved by the City and included in an affordable housing agreement.”).
8 3. The waiver or reduction in development standards will not have an adverse impact on any real property that is listed in the California Register of Historical Resources.
The Project site and the existing buildings/structure located on it are not listed on the National Register of Historic Places, California Register of Historical Resources, or Glendale Register of Historic Resources, and have not been identified as a historic resource in any survey. The waivers for parking location, ground floor residential units and additional open space will not impact a California historic resource.
4. The waiver or reduction in development standards will not be contrary to state or federal law.
The requested waivers for parking location, ground floor residential units and additional open space are not in opposition to state or federal law. The Project will not require any discretionary entitlements other than design review approval.
The Project is statutorily exempt from CEQA pursuant to PRC Section 21080.66 under AB 130, is consistent with State Density Bonus Law and the City’s Density Bonus Ordinance, and complies with the Glendale Municipal Code as administered by City Departments (e.g. Fire, Glendale Water & Power, Public Works, Development Services, etc.). No known federal or state laws are in conflict with granting of the waivers.
CONDITIONS OF APPROVAL
Approval of this Density Bonus Housing Plan shall be subject to the following conditions:
1. That the development shall be in substantial accord with the plans submitted with the application except for any modifications as may be required to meet specific Code standards or other conditions stipulated herein as approved by the Director of Community Development. The approval includes the following benefits provided by Density Bonus Law, all only to the extent specifically shown on the plans submitted:
a. Density bonus to allow 87 dwelling units.
b. Three concessions, described as follows:
i. Exceed maximum lot coverage by 11%. (61% lot coverage proposed; 50% maximum permitted).
ii. Exceed maximum FAR by 1.29. (2.49 FAR proposed; 1.2 maximum permitted).
iii. Exceed maximum height by two stories/38 feet. (5 stories/74 feet proposed; three stories/36 feet maximum permitted).
c. Three waivers, described as follows:
i. Requested - Allow some of the proposed residential parking spaces to be 9 at- and above-grade.
9 Required – When there is more than one dwelling unit for each 2,500 SF of lot area or when there are more than four dwelling units in one building on a lot, all required parking spaces for such dwelling units shall be provided in subterranean or semi-subterranean garages.
ii. Requested – Allow residential units on the ground floor without approval of a conditional use permit.
Required – In the CH (Commercial Hillside) zone, multiple residential dwelling units at the ground floor level require approval of a conditional use permit.
iii. Requested – Allow the multi-family development without providing additional open space.
Required – On lots with a minimum width of 90 feet and with a density exceeding the maximum density permitted by code, an additional 900 square feet oof open space area shall be provided contiguous to a street front/side setback area and for each additional foot of lot width thereafter, as additional 20 feet of such open space shall be provided.
2. That all necessary permits shall be obtained from the Permit Services Center prior to the commencement of construction, and all construction shall be in compliance with the Glendale Building Code and all other applicable regulations.
3. That the premises be maintained in a clean and orderly condition, free of weeds, trash, and graffiti.
4. That any expansion or modification of the structure or use shall require a new Density Bonus application. The phrase “modification of the structure or use” includes, but is not limited to, proposing a different percentage of the units as affordable or altering the affordability of the units (i.e., proposing the affordable units be restricted to low- or moderate-income households when the approval is originally for very low-income households). Expansion shall constitute adding of new floor area, reduction of parking and open spaces, or any physical changes as determined by the Director of Community Development.
5. That the applicant shall work with the Community Development Department and the City Attorney’s Office to make any permissible or required additions, deletions and/or amendments to the Density Bonus & Inclusionary Housing Plan and to execute and record a Density Bonus Housing Agreement pursuant to GMC Section 30.36.140, to the satisfaction of the Director of Community Development or their designee and subject to approval as to form and content by the City Attorney. Such Density Bonus Housing Agreement shall restrict the rentals of the required percentage of dwelling units in the housing development to persons or families of very low-income households, as specifically identified in this approval, with 9 units restricted to families or households of very-low incomes for a term of 55 years, and rents consistent with Health & Safety Code Section 50105, all as consistent with Density Bonus Law and the Glendale Inclusionary Zoning Ordinance (GMC Chapter 30.35). The applicant shall be required to execute and record such Density Bonus Housing Agreement prior to issuance of any and all required building permits.
10 6. That all affordable units shall be reasonably dispersed throughout the project site (e.g., throughout the different floors) and shall be comparable with the other dwelling units in the project in terms of appearance, finished quality and materials. Subject to requested changes necessary to comply with health and safety standards approved by the Director of Community Development or his designee, the unit type, size and location of the affordable units shall be to the satisfaction of the City’s Housing Division.
7. That the affordability term shall not start until the date of recordation of the Housing Notice of Completion. The applicant shall notify the Housing Division at least six months prior to the anticipated date of the Certificate of Occupancy so that affordable units may be marketed in a timely manner.
8. That the premises shall be made available to any authorized City personnel (Fire, Police, Neighborhood Services, etc.) for inspection to ascertain that all conditions of approval of this Density Bonus application are complied with.
9. That the applicant shall comply with all Section/Department requirements as specified in their memos to the satisfaction of the City or Department Director.
These memos include but are not limited to Community Development Department Housing Division (August 13, 2025), Glendale Water & Power (August 29, 2025), Public Works Urban Forestry Division (August 11, 2025), Community Services & Parks (July 28, 2025), Community Development Mobility Division (July 24, 2025), Public Works Engineering Land Development Section (September 15, 2025), Public Works Traffic Engineering Section (July 30, 2025), Public Works Maintenance Services Division (July 28, 2025), Community Development Department Long Range Planning Division (August 15, 2025) and Fire (August 8, 2025).
10.That pursuant to California Public Resources Code Section 21080.66(c)(1), a Phase I environmental assessment, as defined in California Health and Safety Code Section 78090, shall be performed for the project site. If the Phase I assessment identifies a recognized environmental condition, the completion of a preliminary endangerment assessment shall be performed. If potential for exposure to significant hazards from surrounding properties or activities exists, the effects of the potential exposure shall be mitigated to levels required by current federal and state statutory and regulatory standards prior to issuance of a certificate of occupancy for the project.
11.That the applicant shall conduct baseline soil and soil vapor sampling and groundwater sampling, if warranted by the soil sampling results indicating a potential threat to groundwater, at the site prior to commencement of construction.
12.That the applicant shall submit a Soil Management Plan for review and approval by staff to provide a protocol for field construction involving earthwork to address newly encountered soil contamination.
11 13.That approval of the Design Review Board shall be obtained prior to applying for or obtaining building permits.
14.That if any buildings, sidewalks, curb, or gutter, fencing or landscaping areas, etc., adjacent to the site are damaged during the course of construction on public or private property, the damage shall be repaired to the satisfaction of the Director of Public Works for public property.
15.That any proposed exterior lighting shall be directed on the driveways, walkways and parking areas within the development and away from adjacent properties and the public right-of-way to the satisfaction of the Director of Community Development.
16.That the developer shall comply with the requirements of the City’s Inclusionary Zoning Ordinance (IZO), except for those requirements for which a concession/waiver has been requested, as provided in GMC Chapter 30.35.
17.That the developer shall comply with all measures included in tribal consultation with the Gabrieleño Band of Mission Indians – Kizh Nation (GBMI-KN), as provided in the letter from the GBMI-KN December 30, 2025 (Attachment 2), and all provisions of AB 130 (Public Resources Code Section 21080.66(b)(4)(B)).
18.That the applicant, the owner of the Site, and any of their successors and/or assigns (collectively, “Developer”) agrees to defend, indemnify, and hold harmless the City, and each of its agents, officers, council members, commissioners, attorneys, employees and representatives, with counsel reasonably acceptable to the City, from any claim, action or proceeding brought against the City to attack, set aside, void or annul any City land use approval for the Project 3411–3427 Foothill Boulevard, Glendale, CA 91214 (the “Project”).
At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the Developer of any obligation imposed by this condition. The Developer’s indemnity, defense and hold harmless obligations shall include, without limitation, payment of all damages awarded against the City, 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” refers to decisions of the City approving requests for planning permits for the Project including, but not limited to, density bonus housing plans (including requests for density bonus, incentives and/or waivers), design review, general plan amendments, zone changes, zoning ordinance text amendments, tentative maps, vesting tentative maps, tentative parcel maps, reversions to acreage, final maps, final map modifications or amendments, time extensions, parcel map waivers, lot line adjustments, boundary line adjustments, certificates of compliance, conditional certificates of compliance, development agreements, conditional use permits, conditional use 12 permit modifications, conditional use permit extensions, variances, variance modifications, precise plan of design, specific plans, sign permits, site plans, temporary use permits, any administrative or discretionary permit or any accompanying California Environmental Quality Act determinations pertaining to the type of approval referred to in this section, and any other similar approval.
Notwithstanding the above, the Developer may be required, at the City’s election, to execute a formal agreement with the City setting forth the above defense, indemnification and hold harmless provisions in substance, within five (5) business days of this approval.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain: