Glendora City Council
November 8, 2022

SPECIAL NOTICE

IMPORTANT PUBLIC HEALTH AND SAFETY MESSAGE REGARDING

PARTICIPATION AT CITY COUNCIL MEETINGS

CHANGES AND ADDITIONAL OPPORTUNITIES RELATING TO PUBLIC MEETINGS All Brown Act meetings are subject to COVID-19 infection protocols. As of April 1, 2022, the City Council has determined that meetings will be considered in-person public “Brown Act” meetings for City of Glendora City Council, Board(s) and Commission(s) – for the period of time that the City is allowed to hold remote meetings under the cavalcade of public health orders, an elected or appointed official will have the ability to attend virtually, if needed. Due to the fluidity in which infection protocols are set and changed by Federal, State, and County the City will utilize a more flexible approach, that allows the City to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361, or as long as the Governors Declaration of Emergency is extended.

Ways to participate?
 In-Person;
 Virtually via Zoom Video Communications;
To participate in the meeting from the comfort of your own home or office download zoom on any phone or computer device and use the following meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224 Want to watch?
All our City Council meetings can be watched live through Internet Streaming at www.cityofglendora.org, and/or through Spectrum cable television Channel 3 and Verizon Channel 31.

Ways to provide public comment?
You may give public comment at the commencement of the meeting when the presiding officer calls for public comment.

Speakers are limited to three (3) minutes, speaking once, on both on- and off-agenda items. If there are public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Please follow along with the meeting via www.cityofglendora.org/citymeetings, GlendoraTV cable channels, or City social media live feeds to ensure you call in at the appropriate time for your item(s). To ensure that the public is able to participate, the city is providing several methods in which the public can submit their comments:

OPTION 1: IN PERSON
Public Comments can be submitted via the Public Comment Card located in the back of the room and/or by the City Clerk desk at the front of the dais. Public Comment Cards should be submitted to the Clerk upon completion and before the closing of Public Comment or Public Hearing. When your name is called, please step to the podium and state your name before beginning your presentation.

OPTION 2: LIVE COMMENTS
Public is invited to participate via Zoom Video Communications by enter meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224. If you wish to address the governing board on any matter posted on the agenda or within subject matter jurisdiction should utilize one of the following protocols:

Utilizing “Raise Your Hand” Feature Utilizing “Chat” Feature Call In Step 1. Virtually “raise your hand”
using zoom,
Step 2. Wait to be called on by the City
Clerk, Step 3. Unmute your audio,
Step 4. Verbalize your comments (less
than 3 minutes)
Step 1. Utilizing “Chat” send a message to
webmaster and let them know which item(s)
you wish to comment on (aka: Public
Comment, Item #?)),
Step 2. Wait to be called on by the City Clerk,
Step 3. Unmute your audio,
Step 4. Verbalize your comments (less than 3
minutes)
Step 1. Dial (669) 900-6833,
Step 2. When prompted, enter the Meeting ID
932 924 7224. Once admitted, you will hear the
meeting live,
Step 3. At the beginning of public comment
and/or the public hearing item you wish to
comment, press Star 9 to request to speak,
Step 4. Once it is your turn, you will hear an
audio command asking you to press Star 6 to
unmute your mic.

OPTION 3: E-MAIL
Public Comments can be submitted via email to [email protected] with the subject “Public Comment – Insert Governing Body and Meeting Date”. Public Comments received will be added to the associated Agenda Packet before 5:00 p.m. each day leading up to meeting (weekends and holidays excluded). Emails received in real time and prior to the commencement of Public Comment Period or Public Hearing and not already incorporated in the agenda will be read out loud (up to 3 minutes).

OPTION 4: MAIL
Public comments may be mailed to 116 E. Foothill Boulevard, Glendora, ATTN: City Clerk’s Department-Public Comment. The City Clerk will read public comments received out loud (up to 3 minutes) into the public record if received before 5 p.m. on the date of the meeting. Otherwise, public comments will be considered late correspondence and incorporated into the meeting minute record.

If you have any questions, feel free to contact the City Clerk’s Department at (626) 914-8210.

Meeting Date: 11/8/2022 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, NOVEMBER 8, 2022
COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
To participate virtually, download zoom on any phone or computer device and use the following meeting ID:
cityofglendora.org/zoom or https://zoom.us/j/9329247224

MAYOR/CHAIR
Karen K. Davis

MAYOR PRO TEM/VICE-CHAIR
Gary Boyer, District 3

COUNCIL/COMMISSIONERS
Michael Allawos
David Fredendall, District 2
Mendell Thompson, District 5

MEETING SCHEDULE
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m.

BROWN ACT
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on “all items” listed on the agenda and be in compliance with the open meeting laws.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.

LIVE BROADCASTING AND REBROADCASTING
Regular City Council meetings are broadcast live every 2nd and 4th Tuesday of the month on City Website www.cityofglendora.org, Channel 3 (Cable) & Channel 31 (Verizon) and are replayed Thursday - Sunday the week following the meeting on Channel 3 (Cable) & Channel 31 (Verizon). All broadcasts can be viewed on Cox Communications Local Access Channel 3 and Verizon/Fios Channel 31.

City Council meetings are also available via live webcast and at any time for replaying through the City's webpage at
cityofglendora.org/citymeetings.

Meeting Date: 11/8/2022 / Packet Page #: 2

CITY OF GLENDORA
City Council, Successor Agency and Housing Authority
AGENDA
TUESDAY, NOVEMBER 8, 2022
COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS GIVEN that to participate virtually, download zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or https://zoom.us/j/9329247224

CALL TO ORDER

ROLL CALL

CLOSED SESSION - NONE

INVOCATION AND PLEDGE OF ALLEGIANCE
In permitting a nonsectarian invocation, the City does not intend to proselytize, advance, or disparage any faith or belief. Neither the City nor the City Council endorses any particular belief or form of invocation.  Invocation
 Pledge of Allegiance

STUDENT REPORTS - NONE

REORDERING OF AND ADDITIONS TO THE AGENDA

PUBLIC COMMENT
Three (3) Minute speaking time limit, speaking once, unless upon motion, such time is extended by the legislative body.

Any person may request to address a legislative body during a public meeting. Speakers are limited to three (3) minutes, speaking once, on both onand off- agenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.

To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

1. Public Comments received

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

2. Presentation by Southern California Edison (SCE)
Meeting Date: 11/8/2022 / Packet Page #: 3

3. City Council to present Proclamation in recognition of November 8, 2022 as Law enforcement Records and Support Personnel Day

PUBLIC HEARINGS
Public hearings shall conform to the protocol established to conduct of public meetings, proceedings, and business in the City of Glendora. Following presentation of the staff report, the applicant/appellant will be allowed ten (10) minutes in which to make a presentation. Following the presentation of the applicant/appellant public testimony share be called, each speaker is limited to three (3) minutes, speaking once. The Presiding Officer may permit a five (5) minute rebuttal/summation by a representative of applicant/appellant. The public hearing will then be closed, and no member of the public shall be allowed to speak further unless, upon motion, and the public hearing is reopened by the governing body. Any person desiring to provide testimony during a Public Hearing item shall make his/her presence known to the Presiding officer. Speakers are entitled to submit written or other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk’s record.

PLEASE NOTE: If you challenge any of the proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

4. Consider the Appeal of Audrey Teasdale from Planning Commission Resolution No. PC 2022- 11, Development Plan Review (PLN22-0016) Approval of Architectural and Plotting Changes to Homes Proposed for Construction in Tract 66608 (Phase 17-21) and Model Buildout/MBO); and Homes Proposed for Tract 66609 (Phase 22 / Meyer Lane); and to Eliminate 3 Homes from the Development Phasing Plan; and Compliance with the California Environmental Quality Act
CITY RECOMMENDATION: 1. Conduct a public hearing on the appeal, pursuant the Glendora Municipal Code § 21.01.030, of Audrey Teasdale, 19005 East La Fetra Drive, Glendora CA 91741, of Planning Commission Resolution No. PC 2022-11; and 2. At the conclusion of the public hearing, and at City Council’s discretion, based on substantial evidence taken from the staff report (including all attachments) and public testimony considered as a whole, take one of the following actions: (a) Adopt a City Council Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA

OVERRULING THE APPEAL OF AUDREY TEASDALE FROM PLANNING
COMMISSION RESOLUTION NO. PC 2022-11, DEVELOPMENT PLAN REVIEW (PLN22-0016) APPROVAL OF ARCHITECTURAL AND PLOTTING CHANGES TO HOMES PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT / MBO); AND HOMES PROPOSED FOR TRACT 66609 (PHASE 22 / MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; AND COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)” or (b) Adopt a City Council Resolution entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF GLENDORA SUSTAINING THE APPEAL OF AUDREY TEASDALE FROM PLANNING COMMISSION RESOLUTION NO. PC 2022- 11, DEVELOPMENT PLAN REVIEW (PLN22-0016) APPROVAL OF ARCHITECTURAL

AND PLOTTING CHANGES TO HOMES PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT / MBO); AND HOMES PROPOSED FOR TRACT 66609 (PHASE 22 / MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; VACATING PLANNING COMMISSION
RESOLUTION NO. PC 2022-11 AND REMANDING PLN22-0016 BACK TO THE

PLANNING COMMISSION FOR FURTHER REVIEW OF THE SAME CONSISTENT WITH THE GROUNDS STATED IN APPEAL” or (c) Sustain the appeal of Audrey Teasdale of Planning Commission Resolution No. PC 2022-11, in part, and overrule the appeal in part, and direct staff to bring back to the next regularly scheduled City Council meeting a resolution consistent with the deliberations of the City Council following the close of the public hearing.

Meeting Date: 11/8/2022 / Packet Page #: 4

5. Consideration of an ordinance of the City Council of the City of Glendora, California repealing section 21.03.100 of the Glendora Zoning Code regarding the regulation of “antennae” and adding a new Section 21.03.100 for the regulation of wireless telecommunications facilities on private and non-right-of-way properties, repealing Section 21.10.230.C.10 of the Route 66 Corridor Specific Plan (Area-Wide Guidelines), and amending Table 21.A.C Table C - permitted and conditionally permitted uses (PLN21-0043) CITY RECOMMENDATION: Open the Public Hearing, accept evidence and testimony presented, close the hearing, and in the absence of substantial evidence to the contrary, consider the following: 1. Determine that the ordinance is not subject to the California Environmental Quality Act (CEQA); 2. Introduce for first reading of an ordinance entitle, "AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA REPEALING SECTION 21.03.100 OF THE GLENDORA ZONING CODE REGARDING THE REGULATION OF "ANTENNAE" AND ADDING A NEW SECTION 21.03.100 FOR THE

REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE AND NON-RIGHT-OF-WAY PROPERTIES, REPEALING SECTION 21.10.230.C.10 OF THE ROUTE 66 CORRIDOR SPECIFIC PLAN (AREA-WIDE GUIDELINES), AND AMENDING TABLE 21.A.C TABLE C - PERMITTED AND CONDITIONALLY PERMITTED USES (PLN21-0043)"; 3. Schedule second reading and adoption of the ordinance for the December 13, 2022 City Council meeting; and, 4. Direct the preparation of a summary of the ordinance for publication pursuant to Govt Code §36933 and Resolution CC 2018-40.

6. Introduction And First Reading Of An Ordinance Revising Sections 5.04.090 And 5.08.050 To Chapter 5.04 "Licenses" And Chapter 5.08 “License Taxes,” Of Title 5 "Business Licenses And Regulations," Of The Glendora Municipal Code. (Strategic Plan Item 33 – EMO) CITY RECOMMENDATION: 1. Open the Public Hearing, accept evidence and testimony presented and, in the absence of substantial evidence to the contrary, consider the following:

Waive full reading, read by title only, and introduce for first reading an Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTIONS 5.04.090 AND

5.08.050 TO CHAPTER 5.04 "LICENSES” AND CHAPTER 5.08 “LICENSE TAXES,” OF TITLE 5 "BUSINESS LICENSES AND REGULATIONS,” OF THE GLENDORA MUNICIPAL CODE.

CONSENT CALENDAR
Items on the Consent Calendar will be enacted by one motion without individual discussion. There will be no separate discussion of these items unless a member of the governing body requests specific item(s) be removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be considered after the Consent Calendar is approved. Anyone wishing to address a Consent Calendar item should do so during the Public Comment Period.

7. Affirm minutes from October 25, 2022 Special City Council meeting, and October 25, 2022 Regular Joint City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Meeting
CITY/AGENCY RECOMMENDATION: 1. Affirm the minutes as presented.

8. Review and affirm disbursements for October 2022 in the amount of $5,326,560.63 CITY/AUTHORITY RECOMMENDATION: 1. Review and affirm disbursements for October 2022 in the amount of $5,326,560.63.

Meeting Date: 11/8/2022 / Packet Page #: 5

9. Second Reading and Adoption of Ordinance No. 2070 Amending Section 2.04.010 the Glendora Municipal Code (GMC) Relating to City Council Meetings. (Strategic Plan Item 46- EMO)
CITY RECOMMENDATION: 1. Read by title only and adopt on second reading Ordinance No. 2070 entitled, "AN ORDINANCE AMENDING SECTION 2.04.010 OF THE

GLENDORA MUNICIPAL CODE RELATING TO MEETINGS OF THE GLENDORA CITY COUNCIL."

10. Award a contract services agreement for City-wide heating, ventilation, and air conditioning system maintenance and repair to Air-Ex Air Conditioning, Inc. in the amount of $44,615 per year, for 4 years, in a total amount of $178,460 (Strategic Plan Item 48-IMCIF) CITY RECOMMENDATION: 1. Award a contract services agreement for City-wide heating, ventilation, and air conditioning maintenance and repair services to Air-Ex Air Conditioning, Inc. in the amount of $44,615 per year, for 4 years, in a total amount of $178,460, with options for the City Council to approve up to three 1-year extensions; and 2. Authorize the City Manager or his designee to execute the agreement and future contract extensions with Air-Ex Air conditioning including minimal and/or non-substantive changes.

11. Notice of Completion for Storm Drain Inlet Insert Installation FY 2021-22, Plan No. 1354 (Strategic Plan Item 46-IMCIF)
CITY RECOMMENDATION: 1. Accept the completion of Storm Drain Inlet Insert Installation FY 2021-22, Plan No. 1354 by United Storm Water, Inc.; and 2. Authorize the Mayor to sign the Notice of Completion for recordation.

12. Approve Purchase of Shade and Lighting Poles and Installation for Meda Avenue and Bus Plaza Improvements Project (4-ISED, 51-IMCIF)
CITY RECOMMENDATION: 1. Authorize the City Manager to Execute a Public Works Contract with David Bang Associates, Inc. in the amount of $163,416.79 to purchase and install shade and lighting poles for the Meda Avenue and Bus Plaza Improvements Project.

13. Consider introducing for first reading an ordinance amending sections 2.40.010 through

2.40.160 to Chapter 2.40 "Purchasing System," of Title 2 "Administration and Personnel," of the Glendora Municipal Code
CITY RECOMMENDATION: 1. Open the Public Hearing, accept evidence and testimony presented and, in the absence of substantial evidence to the contrary, consider the following:

Waive full reading, read by title only, and introduce for first reading an Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTIONS 2.40.010 THROUGH 2.40.160 TO CHAPTER 2.40 "PURCHASING SYSTEM," OF TITLE 2 "ADMINISTRATION AND PERSONNEL,' OF THE GLENDORA MUNICIPAL CODE.

14. Approve a month-to-month contract extension for police tow services with Jan's Towing Inc.

CITY RECOMMENDATION: 1. Approve a month-to-month contract with Jan's Towing Inc. for police tow services.

Meeting Date: 11/8/2022 / Packet Page #: 6

15. Month-to-month contract extension for parking related services, Inter-Con Security Systems Inc.

CITY RECOMMENDATION: 1. Approve a month-to-month contract with Inter-Con Security Systems Inc. for parking related services not to exceed $120,000.

16. Consideration of a Resolution allowing for the continued use of "In-Person Hybrid Approach" for City of Glendora Brown Act Public Meetings November 30, 2022 through December 29, 2022, pursuant to the Ralph M. Brown Act and Assembly Bill No. 361 CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND WHEN APPLICABLE REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING NOVEMBER 30, 2022 THROUGH DECEMBER 29, 2022 PURSUANT TO THE RALPH M.

BROWN ACT AND ASSEMBLY BILL NO. 361".

MEMBER AGENDA ITEMS - NONE

UNFINISHED BUSINESS

17. Update and possible appointment of Applicant to Fill Unscheduled Vacancy on the Water Commission
CITY RECOMMENDATION: 1. Provide direction on appointing applicants to fill an unscheduled vacancy on the Water Commission (Office No. 5; Term Ending June 30, 2025)

NEW BUSINESS

18. First reading and introduction of an Ordinance adopting the 2022 California Building Codes CITY RECOMMENDATION: 1. Introduce for first reading an Ordinance entitled, "AN ORDINANCE OF THE CITY OF GLENDORA, CALIFORNIA, ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA FIRE CODE; CALIFORNIA BUILDING CODE; CALIFORNIA EXISTING BUILDING CODE; CALIFORNIA HISTORICAL BUILDING CODE; CALIFORNIA MECHANICAL CODE; CALIFORNIA PLUMBING CODE; CALIFORNIA ELECTRICAL CODE; CALIFORNIA RESIDENTIAL CODE; CALIFORNIA GREEN BUILDING STANDARDS CODE; AND CALIFORNIA ENERGY CODE; INCLUDING SELECTED APPENDICES THERETO," by reading of the title only and waiving further reading; and, 2. Direct the preparation of a summary of ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40.

19. Award a contract services agreement to WaterWise Consulting, Inc. for executing programs performing surveys and installation as part of Water Conservation project, in an amount not to exceed $210,623 (Strategic Plan Item 8-IFSS)
CITY RECOMMENDATION: 1. Award a Professional Services Agreement for Water Conservation Professional Services to WaterWise Consulting, Inc. in an amount of $191,476 with a 10% contingency in the amount of $19,148 for a total amount not to exceed $210,623; and 2. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

Meeting Date: 11/8/2022 / Packet Page #: 7

MEMBER/STAFF CLOSING COMMENTS

ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Glendora City Hall bulletin board at the three established posting locations and on the City of Glendora website at www.cityofglendora.org not less than 72 hours prior to the meeting in accordance with Government Code Section 54954.2.

Dated: November 2, 2022
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 11/8/2022 / Packet Page #: 8

NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of public meetings, proceedings, and business in the City of Glendora on February 9, 2021 (Resolution CC 2021-02) and go into effect on April 1, 2021.

LIVE BROADCASTING AND REBROADCASTING
Regular City Council meetings are broadcast live every 2nd and 4th Tuesday of the month on City Website www.cityofglendora.org, Channel 3 (Cable) & Channel 31 (Verizon) and are replayed Thursday - Sunday the week following the meeting on Channel 3 (Cable) & Channel 31 (Verizon). All broadcasts can be viewed on Cox Communications Local Access Channel 3 and Verizon/Fios Channel 31. City Council meetings are also available via live webcast and at any time for replaying through the City's webpage at cityofglendora.org/citymeetings. For more information, please contact the City Clerk’s office at (626) 914-8210.

MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m. Agendas are available at the following locations:
• City Clerk's Office • Glendora Public Library Government Kiosk and Bulletin Board • Crowther Teen and Family Center Bulletin Board • City's web page at cityofglendora.org/citymeetings

PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting by submitting to the City Clerk a Speakers Request form and stating the topic to be addressed. Speakers Request forms shall be available at the Council Chambers throughout the council meeting.

Speakers are limited to three (3) minutes, speaking once, on both on- and off- agenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.

To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

CURFEW
In the absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn City Council meetings at 10:30 p.m. or as soon thereafter as is reasonably practicable. This means that under normal circumstance, the City Council will complete action on whatever agenda item is being discussed/debated at 10:30 p.m. after which the Presiding Officer shall adjourn the regularly scheduled meeting to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continue.

STAFF REPORTS
As a general rule, staff reports, or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72 hours prior to the scheduled City Council meeting for public inspection at Glendora City Hall, via public kiosks located in the City Clerk’s office and at the Glendora Public Library during regular business hours, and on the City’s website at cityofglendora.org/citymeetings. In addition, meetings can be viewed live at the time posted on the agenda and related staff reports can be opened and viewed simultaneously along with the streaming of the meeting at cityofglendora.org/citymeetings.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda after the posting of the agenda will be available for public review in the City Clerk''s Office, 116 E. Foothill Boulevard, Glendora, California, during normal business hours. In addition, such writings or documents will be made available for public review at the respective public meeting and via the City’s website at cityofglendora.org/citymeetings.

SUBMITTAL OF INFORMATION BY MEMBERS OF THE PUBLIC FOR DISSEMINATION MEETINGS Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting by emailing their comments and/or information to [email protected]. This information will be disseminated.

CITY SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
It is the intention of the City of Glendora to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Irvine will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (626) 914-8210 no later than 72 hours prior to the meeting. (28 CFR 34.102.104 ADA TITLE II).

Assisted listening devices are available at the meeting for individuals with hearing impairments. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35. 104 ADA Title II) For further information, please contact the office of the City Clerk at (626) 914-8210, or via e-mail at [email protected].

Meeting Date: 11/8/2022 / Packet Page #: 9
Item #2. Page 1
Meeting Date: 11/8/2022 / Packet Page #: 10
2 • Southern California Edison (SCE)
is an Edison International
company
• One of the nation’s largest
electric utilities
• More than 130 years of history
• Headquartered in Rosemead,
California
• Regulated by the California
Public Utilities Commission
(CPUC) and the Federal Energy
Regulatory Commission (FERC)
• 50,000 square miles of SCE
service area across Central,
Coastal, and Southern California
• 15 million residents through 5
million customer accounts
• 15 counties, 185 cities and 13
Native American tribes
Who We Are Item #2. Page 2
Meeting Date: 11/8/2022 / Packet Page #: 11
Our Grid
To deliver safe, reliable, and affordable power,
we monitor and maintain a vast electricity system
730,000 Transformers
126,000 Miles of Transmission
and Distribution Lines
4,600 Circuits

1.7 Million Poles
50,000 Square Miles
3 Item #2. Page 3
Meeting Date: 11/8/2022 / Packet Page #: 12
Strengthening and Modernizing the Grid
• Infrastructure reliability – updating
underground cables, poles, switches, and
transformers
• Wildfire mitigation – hardening infrastructure,
bolstering situational awareness capabilities,
and enhancing operational practices
• Transmission – connecting renewables,
installing new substations, and updating lines
• Grid readiness – updating the grid for impacts
from new technologies
• Long-term energy policy – supporting energy
storage, electric vehicles, and renewables
SCE plans to spend more than $5B each
year to maintain, improve, and harden
its infrastructure
SCE’s investments support safe, reliable, affordable, and clean energy for our customers 2021 Capital Investments

91.7 miles of
underground cable replaced
146.5 miles of overhead conductor
replaced for public safety

34.5k distribution poles replaced

3.9k transmission poles replaced
29 underground structure
replacements
4 Item #2. Page 4
Meeting Date: 11/8/2022 / Packet Page #: 13
Protecting Public Safety: Wildfire Mitigation Activities 2021 Year-End Progress Report – Data as of 12/31/21 5
Item #2. Page 5
Meeting Date: 11/8/2022 / Packet Page #: 14
Protecting Public Safety: Public Safety Power Shutoffs
6 • SCE implements Public Safety Power
Shutoffs (PSPS) to temporarily shut off power
to some communities when there is a high risk
for wildfire to prevent the electric system
from becoming the source of ignition
• PSPS is used as a measure of last resort to
protect public safety under dangerous fire
weather conditions, including high winds,
low humidity, and dry vegetation
• Multiple methods are used to notify
customers and stakeholders in impacted areas
before, during and after a PSPS event
• SCE provides resources to support customers
during PSPS and offers several programs and
rebates to help customers be prepared and
more resilient during emergencies
• SCE is working to reduce the impact of PSPS
and is continuing to strengthen the electric
grid to become more resilient in the face of
extreme weather events
• To learn more, visit sce.com/psps
Item #2. Page 6
Meeting Date: 11/8/2022 / Packet Page #: 15
Pathway 2045:

Key steps California must take to reach carbon neutrality Creating a Clean Energy Future
7 100% of grid sales with
carbon-free electricity
80 GW of utility-scale
clean generation
30 GW of utility-scale
energy storage
70% of all buildings will
use efficient electric
space and water heating
90% fewer GHG
emissions from allelectric homes
26 million electric
vehicles
Over 1 million
electrified medium
and heavy duty
vehicles
50% reduction in natural
gas consumption
40% of the remaining
natural gas is
biomethane and
hydrogen
Item #2. Page 7
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Creating a Clean Energy Future: Mind the Gap
8 Item #2. Page 8
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Reliability Overview
9 Item #2. Page 9
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10 What is Reliability?
• In simplest terms:

Having dependable electricity when you need it.
• Outages:
• Maintenance outages (aka planned outages)
• Repair outages (aka unplanned outages)
• Sustained Outage = An outage lasting > 5
minutes
• Momentary Outage = An outage lasting ≤ 5
minutes
• Public Safety Power Shutoff (PSPS)
• Major Event Day (MED)
Major Event Day (MED) : A day in which the daily system SAIDI exceeds a threshold value. For the purposes of calculating daily system SAIDI, any interruption that spans multiple calendar days is accrued to the day on which the interruption began. Statistically, days having a daily system SAIDI greater than a threshold value are days on which the energy delivery system experienced stresses beyond that normally expected (such as severe weather). MEDs are sometimes excluded in reporting; in those reports the exclusions will be noted.

Public Safety Power Shutoff (PSPS) : An operational protocol that SCE implements under extreme weather conditions in order to minimize the threat of wildfires and keep communities safe from potentially dangerous situations. These types of sustained outages are temporary and usually involve situations where high fire areas are experiencing adverse weather or public safety is at risk.

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11 How Do We Measure Reliability?
Total minutes
every SCE
customer was
without power
due to sustained
outages
Total number of
customers
SAIDI
System Average
Interruption
Duration Index
Total number of
sustained
customer outages
experienced by
SCE customers (CI)
Total number of
customers
SAIFI
System Average
Interruption
Frequency Index
Total number of
momentary
customer outages
experienced by
SCE customers (CI)
Total number of
customers
MAIFI
Momentary
Average
Interruption
Frequency Index
What’s the average
amount of time my power
service will be
unexpectedly interrupted?
What’s the average
number of times my
power service will be
unexpectedly interrupted?
What’s the average
number of times my
power service will be
momentarily (< 5 minutes)
interrupted?
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12 11
Item #2. Page 12
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Equipment Failure In-service failure of transformer, switch, or conductors Vegetation/Animal A tree branch, rodent, or bird causing a short circuit between conductors
Other The circuit was patrolled but no cause found
Operations SCE performed urgent maintenance without the standard 3-day notice
3 rd Party Outage caused by a balloon, car hit pole or dig-in PSPS Public Safety Power Shutoff
sce.com/psps
SAIDI & SAIFI Cause Definitions
13 Item #2. Page 13
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14 BarChart
Item #2. Page 14
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15 SAIDIChart
Item #2. Page 15
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16 SAIFIChart
Item #2. Page 16
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17 Item #2. Page 17
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18 Capital Improvement Map
The capital improvement map has transitioned to a virtual format via SCE Capital Improvements and can be accessed using the link provided or sce.com/CapitalImprovements.

Previous version
Item #2. Page 18
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19 Item #2. Page 19
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20 CitySummary
Notes:

No outages are excluded from the metrics.

Outage Causes:

Other:  e.g., patrolled but no cause could be found
Operations:  e.g., urgent maintenance w/o 3-day notice  to customers 3 rd Party:  e.g., balloons, car hit pole, dig-in
Vegetation/Animal:  e.g., tree branch, rodent, or bird causing short circuit across conductors PSPS:  e.g., Public Safety Power Shutoff
SAIDI (minutes) = the cumulative amount of time the average customer is interrupted by “sustained” (longer than 5 minutes) outages.

SAIFI (interruptions) = the number of times the average customer is interrupted by “sustained” outages.

MAIFI (interruptions) = the number of times the average customer is interrupted by “momentary "  (lasting 5 minutes or less) outages.

Item #2. Page 20
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21 Item #2. Page 21
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22 CircuitHistory
2 Item #2. Page 22
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23 CircuitHistory
3 Item #2. Page 23
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24 CircuitHistory
4 Item #2. Page 24
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25 CircuitHistory
5 Item #2. Page 25
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Item #3. Page 1
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 8, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 1
SUBJECT: CONSIDER THE APPEAL OF AUDREY TEASDALE FROM PLANNING COMMISSION RESOLUTION NO. PC 2022-11, DEVELOPMENT PLAN REVIEW (PLN22-0016)

APPROVAL OF ARCHITECTURAL AND PLOTTING CHANGES TO HOMES PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21) AND MODEL BUILD-OUT/MBO); AND HOMES PROPOSED FOR TRACT 66609 (PHASE 22 / MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; AND COMPLIANCE

WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

RECOMMENDATION
That the City Council:

1. Conduct a public hearing on the appeal, pursuant the Glendora Municipal Code § 21.01.030, of Audrey Teasdale, 19005 East La Fetra Drive, Glendora CA 91741, of Planning Commission Resolution No.

PC 2022-11; and

2. At the conclusion of the public hearing, and at City Council’s discretion, based on substantial evidence taken from the staff report (including all attachments) and public testimony considered as a whole, take one of the following actions:
(a) Adopt as City Council Resolution, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GLENDORA OVERRULING THE APPEAL OF AUDREY TEASDALE FROM PLANNING COMMISSION RESOLUTION NO. PC 2022-11, DEVELOPMENT PLAN REVIEW (PLN22-0016)

APPROVAL OF ARCHITECTURAL AND PLOTTING CHANGES TO HOMES PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT / MBO); AND HOMES PROPOSED FOR TRACT 66609 (PHASE 22 / MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; AND COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)” or
(b) Adopt a City Council Resolution, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GLENDORA SUSTAINING THE APPEAL OF AUDREY TEASDALE FROM PLANNING COMMISSION RESOLUTION NO. PC 2022-11, DEVELOPMENT PLAN REVIEW (PLN22-0016)

APPROVAL OF ARCHITECTURAL AND PLOTTING CHANGES TO HOMES PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT / MBO); AND HOMES PROPOSED FOR TRACT 66609 (PHASE 22 / MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; VACATING PLANNING COMMISSION RESOLUTION NO. PC 2022-11 AND REMANDING PLN22-0016 BACK TO THE PLANNING COMMISSION FOR FURTHER REVIEW OF THE SAME CONSISTENT WITH THE GROUNDS STATED IN APPEAL” or (c) Sustain the appeal of Audrey Teasdale of Planning Commission Resolution No. PC 2022-11, in part, and overrule the appeal in part, and direct staff to bring back to the next regularly scheduled City Council meeting a resolution consistent with the deliberations of the City Council following the close of the public hearing.

Item #4. Page 1
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Staff Report Page 2 of 6

EXECUTIVE SUMMARY
On October 4, 2022, the Planning Commission heard a DPR application which included a request for architectural and plotting changes to homes proposed for construction in Tract 66608 (Phase 17-21 and model build out/MBO), homes proposed for Tract 66609 (Phase 22/Meyer Lane), and to eliminate 3 homes from the development phasing plan. The proposed architectural changes would result in homes smaller in size than the previously approved plan and would incorporate updated architecture for the same (the so-called “La Colina/Monrovia Nursery Project”).

The revised homes would consist of one-story and two-story plan types. The plotting of the two-story homes (11 total) would conform to the Monrovia Nursery Specific Plan and none of the two-story homes will be located immediately adjacent to any existing neighborhood homes adjacent to Tract 66608. The three (3) homes removed from the existing development phasing plan would accommodate two debris basins near Yucca Ridge Road (on Lots 13, 14, and 15). The Planning Commission Staff Report & Project Analysis Memo is Attachment A. The Planning Commission Resolution No. PC 2022-11 approving the same is Attachment B.

On October 19, 2022, the City Clerk’s Office received a timely appeal from Audrey Teasdale, 19005 East La Fetra Drive, Glendora CA 91741, appealing the actions of the Planning Commission in adopting its Resolution No. PC 2022-11 approving this DPR and making certain CEQA findings. The written appeal is Attachment C. The correspondence to the Planning Commission from Audrey Teasdale and legal counsel Attorney Christopher Sutton, received at the public hearing on the DPR, are collectively attached to this staff report as Attachment D.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The La Colina/Monrovia Nursery Project has a lengthy legislative history. In December 2010, the City Council adopted the Monrovia Nursery Specific Plan (MNSP) and Tract Nos. 66608 and 66609. The MNSP provides guidance and standards for the development of approximately 95 acres of land formerly used as a container nursery by the Monrovia Growers Association. The Specific Plan provides for 124 large single-family homes on 20,000+ square foot lots.

On December 14, 2010, the City Council adopted Resolution No. 2010-46 approving a Vesting Tentative Map for Tract 66608 of the La Colina/Monrovia Nursery Project.1 In 2012, the City approved Ordinance No. 1965, Resolution Nos. 2012-62, and Resolution 2012-63 for the La Colina/Monrovia Nursery Project.

Each of these legislative actions are attached as Attachments E, F, and G, respectively.

These resolutions and the ordinance approved modifications to the grading plan, two-story homes, a phasing plan, and an extension of the map. Finally, on July 15, 2015, the City Council approved the Final Map for the La Colina/Monrovia Nursery Project. The staff report reflecting that action is attached as Attachment H.

DISCUSSION
In her written appeal, Audrey Teasdale advises that she will “detail these violation of law later at or prior to the public hearing on the appeal.” Staff are advised by the Office of the City Attorney that, under law, Audrey Teasdale is limited to raising before the City Council only those objections which she raised to the Planning Commission.

For example, the appeal letter raises, for the first time, an argument that the actions of the Planning Commission amounted to a “property tax or assessment in violation of the California Constitution.” In consultation with the Office of the City Attorney, staff are further advised that this issue cannot be raised in the appeal for Audrey Teasdale’s failure to “exhaust her administrative remedy” before the Planning 1 Audrey Teasdale notes in her letter to the Planning Commission: “The Conditions of Approval for tract 66608 are missing numbers 28-36 on the document.” Staff responds there was a numbering error in Resolution No. 2010-46. There were no missing condition nos. 28-36.

Item #4. Page 2
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Staff Report Page 3 of 6
Commission. (Government Code § 65009(b).)
Accordingly, and in consultation with the Office of the City Attorney, staff will review those objections timely raised by Audrey Teasdale or her legal counsel before the Planning Commission as follows:
1(a). The Monrovia Nursery Specific Plan prohibits new streets to extend from new residential developments inside the City of Glendora into adjoining cities or unincorporated areas. The new proposed Rodriguez Way violates this prohibition. Tract No. 66608 is within the City of Glendora and Barranca Avenue is in L.A. County unincorporated area. 1(b). The City of Glendora General Plan, Circulation Element, prohibits new streets to extend from new residential developments inside the City of Glendora into adjoining cities or unincorporated areas. The new proposed Rodriguez Way violates this prohibition.2 Staff notes the General Plan Circulation Element, to which Attorney Sutton makes reference, prohibits new connections only with adjoining “cities.” The Los Angeles County island adjacent to Barranca is not an adjoining city, but an unincorporated island within the City of Glendora’s sphere of influence. The Circulation Element provides, in relevant part, as follows:
“For new development, the City shall not permit vehicular connections into the planning area from adjoining cities except where emergency access is deemed appropriate. The City shall require appropriate limited access devices and improvements in its environmental review and land development processes to ensure vehicular connections are limited to emergency vehicles only.” (Emphasis added.) The City Attorney’s office advise staff this language in the Circulation Element does not apply to unincorporated Los Angeles County, nor has Ms. Teasdale or her legal counsel cited any authority to the contrary.

2. There have been extreme changed circumstances since the 2010 CEQA analysis was reviewed by the Glendora City Council. A new traffic study is required to ensure that the higher increased traffic levels since 2007 can be addressed in new mitigation measures, such as stop signs of traffic signal along Barranca Avenue.

The final Mitigated Negative Declaration for the La Colina/Monrovia Nursery Project was adopted on December 14, 2010. Under California law, the City Attorney advises that any challenge to this environmental action, including any studies undertaken in connection with the same, had to be brought within 180 days of the adoption of the Mitigated Negative Declaration for this project. That time period has long since expired.

The City Attorney further advises that changes in traffic volumes, standing alone, will not trigger a requirement for further environmental review (or new traffic studies). Subsequent traffic analysis may be required only if (a) there are substantial changes to the project; or (b) there are substantial changes in the project’s circumstances; or (c) new information that could not have been known at the time becomes available and such new information will lead to new significant environmental effects or a substantial 2 In her written communication to the Planning Commission, Ms. Teasdale characterized her objection in this manner: “The General Plan’s Circulation Element Goal 5 and supporting policies prohibit new vehicle connections between Glendora residential streets and other jurisdictions except for emergency access.” (Emphasis added.) As is noted in the body of this report, that is not how the relevant section of the Circulation Element actually reads. Citing to Glendora Municipal Code § 21.13.040, Ms.

Teasdale further argues: “the current city of Glendora general plan policy no longer allows the extension of streets or completion of street links between the city of Glendora and other jurisdictions.” (Emphasis in her original.) Of course, this text makes reference to the City’s General Plan. The relevant section of the General Plan is the Circulation Element quoted verbatim in this report, which only prohibits “vehicular connections into the planning area from adjoining cities.” Hence the general language in Section

21.13.040 must give way to the specific language found in the General Plan’s Circulation Element.

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Staff Report Page 4 of 6
increase in the severity of previously identified significant effects. (Pub. Res. Code § 21166(c); Guidelines §15162(a)(3); American Canyon Community United for Responsible Growth v. City of American Canyon (2006) 154 Cal.App.4th 1062.)
The City Attorney further advises that adoption of the DPR does not represent a “substantial change” to the approved La Colina/Monrovia Nursery Project and there is no evidence (other than an assertion) presented by Audrey Teasdale or her legal counsel in their submissions to the Planning Commission that would meet the legal criteria for requiring a new or updated traffic study in connection with the Planning Commission’s consideration and action on the DPR.3
The Planning Commission adopted a CEQA “Addendum” for the DPR. An Addendum does not re-open the entirety of the underlying Mitigated Negative Declaration for the La Colina/Monrovia Nursery Project.

Rather, an addendum is prepared for minor or technical changes or additions are made to a project. (14 Cal. Code Regs. § 15164.) As detailed in the staff report to the Planning Commission, staff presented findings that demonstrated the DPR did not present substantial environmental changes necessitating further review.

3. The “Development Review” is a misnomer. This is an amendment to Tract No, 66608. The number of homes is being decreased and a new debris basin is being proposed. This is beyond the scope of the “Development Review” allowed in the Glendora Zoning Code. A hearing on amending Tract Map No. 66608 must occur at the Glendora City Council.

The Glendora Municipal Code, commencing at Chapter 21.02, of Title 21, Zoning, provides for “development review” where existing “development plans can be reviewed to ensure orderly development, aesthetic design, safe and harmonious placement . . . .” The application presented to and approved by the Planning Commission called for review of architectural and plotting changes to future homes on remaining phases of the La Colina/Monrovia Nursery project and the elimination of three (3) homes from the development phasing plan. The homes to be removed from the development phasing plan will accommodate two basins near Yucca Ridge Road (on Lots 13, 14, and 15), the purpose of which is to accommodate updated mud debris flow analysis.

In staffs’ view this application was properly characterized and processed as a DPR because the application sought to review “existing development plans,” to “ensure orderly development” and “harmonious placement” of the remaining homes in this La Colina/Monrovia Nursery Project. That finding is specifically incorporated into Planning Commission Resolution No. PC 2022-11:
“WHEREAS, GMC § 21.02.040 provides that the purpose of a DPR is to establish procedures “whereby development plans can be reviewed to ensure orderly development, aesthetic design, safe and harmonious placement and to:

1. Prevent or minimize adverse impacts on property in the vicinity;

2. Implement the general plan and applicable specific plans;

3. Protect the public health, safety and welfare;

4. Site structures and other improvements in a manner that is in harmony with the terrain and existing developments in the vicinity;

5. Encourage and promote energy-efficient design.”
3 In her letter to the Planning Commission Ms. Teasdale notes: “The Los Angeles County Dept of Public Works, County of LA Traffic Division sent Glendora City a letter 10/28/2010 stating the Traffic Impact Analysis report has NOT been completed accurately.” While that may have been the view of the County back in October 2010, that was not the view of City staff or the City Council upon adoption of the MND in December 2010. As will be discussed later in this report, staff are advised by the Office of the City Attorney that it is far too late for Ms. Teasdale to raise this letter as a basis for appealing the decision of the Planning Commission.

Item #4. Page 4
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Staff Report Page 5 of 6
Review by the Planning Commission, followed by this appeal, was consistent with the City’s municipal code and, in the considered opinion of the City Attorney, afforded all stakeholders and interested parties due process.
4(a). In 2015 the City Council imposed numerous continuing conditions on the development of Tract Map. No. 66608. The Planning Commission, as directed by the staff, is failing to consider those 2015 conditions of approval.
4(b). In 2010 the City Council imposed numerous continuing conditions on the development of Tract Map. No. 66608. The Planning Commission, as directed by the staff, is failing to consider those 2015 conditions of approval.

In staffs’ view, Planning Commission Resolution No. PC 2022-11 makes specific findings the approved DPR “is consistent with the General Plan and other applicable plans.” (Emphasis in original.) The resolution approvals and conditions of approval contained therein are consistent with all prior conditions of approval imposed on the La Colina/Monrovia Nursery Project. In point of fact, the 2010 and 2015 conditions of approval are identical (contrary to the implications from Attorney Sutton). These conditions of approval are articulated in detail in the resolution approving the Vesting Tentative Map in 2010.

Approval of the Final Map in 2015 was a ministerial act; reviewing those conditions of approval and determining the same have been complied with. Again, other than mere assertions to the contrary, there is no specific evidence in any of the communications from Ms. Teasdale or her legal counsel of any Planning Commission action(s) that contravene prior approval(s) or prior conditions of approval(s). Staff are further advised by the Office of the City Attorney that, given that these conditions were adopted years ago, a re-opening of such conditions would be time-barred. This was explained in the recent case of Redondo Beach Waterfront, LLC v City of Redondo Beach (2020) 51 Cal.App.5th 982 as follows:
“Finding that the Developer's rights against the City vested in mid-2016 after the City deemed the application for a vesting tentative tract map to be complete—and well after the Developer committed significant resources to the Project—fulfills the Legislature's stated desire to provide stability for the private sector. In other words, at this point in the Project, it was reasonable for the Developer to ‘be able to rely upon an approved vesting tentative map prior to expending [further] resources and incurring [additional] liabilities without the risk of having the project frustrated by subsequent action by the approving local agency.’ (Gov. Code, § 66498.9, subd. (b).)” (Emphasis added.) In the considered opinion of the City Attorney, not only are any challenges to Final Map time-barred, the Final Map itself is now a fully vested entitlement provided the La Colina/Monrovia Nursery Project proceeds “with development in substantial compliance” with the Final Map (Government Code § 66498.1(b).) In the view of Staff, with the concurrence of the City Attorney, Planning Commission Resolution No. PC 2022-11_did not approve substantial changes to this project and will assure this project is completed in “substantial compliance” with the Final Map.

5. California Government Code Section 65454 provides no specific plan may be adopted unless it is consistent with the City’s general plan. Likewise, the city cannot approve any subdivision unless it is also consistent with the General Plan. Actions approved by a city that are in conflict with City's general plan are void.

The Monrovia Nursery Specific Plan was adopted by Ordinance No. 1944 (Attachment I). Resolution No. 2010-46 approving a Vesting Tentative Map for Tract 66608 of the La Colina/Monrovia Nursery Project was adopted on December 14, 2010. In consultation with the Office of the City Attorney staff are advised that, pursuant to Government Code § 66499.37, any challenge to either the MNSP or the La Colina/Monrovia Nursery Project as being inconsistent with the City’s General Plan had to be filed in Superior Court not later than 90-days of the adoption of the same: “Any action or proceeding to attack, review, set aside, void, or annul the decision of an advisory agency, appeal board, or legislative body concerning a subdivision, or of any of the proceedings, acts, or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, Item #4. Page 5
Meeting Date: 11/8/2022 / Packet Page #: 40
Staff Report Page 6 of 6
including, but not limited to, the approval of a tentative map or final map, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within 90 days after the date of the decision.” (Government Code § 66499.37.) The City Attorney thus advises this objection to the Planning Commission decision is now time-barred. (See, also, Government Code § 65009(c); Weiss v. City of Del Mar (2019) 39 Cal.App. 5th 609.)

FISCAL IMPACT
Not applicable to this staff report.

ENVIRONMENTAL DETERMINATION
In the event the City Council takes an action to overrule the appeal, the legal effect of the same would be to adopt the CEQA findings of the Planning Commission. Should the City Council elect to grant the appeal, in whole or in part, and send the matter back to the Planning Commission, the CEQA findings of the Planning Commission may undergo further consideration.

Prepared By Jeff Kugel, Community Development Director
Concurs With Paulette Koss, Planning Commission
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Assistant Director-Finance Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Commission Staff Report & Analysis Memo
B. Commission Resolution No. PC 2022-11
C. Teasdale appeal
D. Teasdale & Attorney Sutton written comments
E. Council Resolution 2010-46
F. Ordinance No. 1965
G. Council Resolution Nos. 2012-62 and 2012-63
H. July 15, 2015 Council staff report
I. Ordinance No. 1944 (Exhibit A not included)
J. Public Hearing Notice
K. Resolution Overruling Appeal
L. Resolution Sustaining Appeal
M. Presentation
Item #4. Page 6
Meeting Date: 11/8/2022 / Packet Page #: 41

STAFF REPORT
TO: CHAIR AND COMMISSION MEMBERS DATE: OCTOBER 4, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 1
SUBJECT: DEVELOPMENT PLAN REVIEW (DPR) REQUEST RELATED TO REVISED

ARCHITECTURE AND PLOTTING FOR HOMES PROPOSED FOR
CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT/MBO); AND TRACT 66609 (PHASE 22/MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN. PROJECT NO. PLN22-0016; APPLICANT: WILLIAM LYONS HOMES (TAYLOR MORRISON); LOCATION: LA

COLINA ESTATES (MONROVIA NURSERY)

RECOMMENDATION
That the Planning Commission:

Open and conduct the Public Hearing, accept evidence and testimony presented and in the absence of substantial evidence to the contrary, consider the following related to project file number PLN22-0016:

1. Adopt a Planning Commission Resolution entitled: “A RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING A

DEVELOPMENT PLAN REVIEW REQUEST SEEKING ARCHITECTURAL AND PLOTTING CHANGES TO HOMES PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT/MBO); AND HOMES PROPOSED FOR TRACT 66609 (PHASE 22/MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; AND COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”

EXECUTIVE SUMMARY
The applicant is requesting approval of a Development Plan Review (DPR) request for architectural and plotting changes to homes proposed for construction in Tract 66608 (Phase 17-21 and model build out/MBO); and homes proposed for Tract 66609 (Phase 22/Meyer Lane); and to eliminate 3 homes from the development phasing plan.

The proposed architectural changes will result in homes smaller than approved for the project in 2010 and incorporate updated designs. The updated homes consist of one-story and two-story plan types. The plotting of the two story homes will be in conformance with the Monrovia Nursery Specific Plan and none of the two-story homes will be located immediately adjacent to existing neighborhood homes. The 3 homes removed from the development phasing plan will accommodate two debris basins near Yucca Ridge Road (Lots 13, 14, and 15).

Item #4. Page 7
Meeting Date: 11/8/2022 / Packet Page #: 42

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In December 2010, the City Council adopted the Monrovia Nursery Specific Plan (MNSP) and Tract Nos. 66608 and 66609. The MNSP provides guidance and standards for the development of approximately 95 acres of land formerly used as a container nursery by the Monrovia Growers Association. The Specific Plan provided for 124 large single family homes on 20,000+ square foot lots.

In September 2012, the City Council adopted the following:
 a DPR for 2-story residential construction and construction phasing for the MNSP development;  amendment to the MNSP to incorporate technical changes relative to pad elevations, drainage facilities and retaining walls;
 minor technical changes to the MNSP and one year time extension.

The MNSP is incorporated into the Glendora Municipal Code as Title 21 Zoning – Chapter 21.13 (see web link: Chapter 21.13 MONROVIA NURSERY SPECIFIC PLAN (qcode.us)).

Since the 2012 approval approximately 81 homes within Tract No’s 66608 and 66609 have been completed or are under construction.

On March 15, 2022, Taylor Morrison submitted a Development Plan Review application (File No. PLN21- 0016) (Attachment B) requesting approval for architectural changes to 32 single-family residences in Tract 66608 in the North Tract and 5 single-family residences in Tract 66609 at Meyer Lane. The application also states that plotting of homes will be in conformance with the MNSP exhibit “One-Story Exhibit - lots where only single-story structures are allowed”.

On July 20, 2022, the most current Development Phasing Plan for the project was approved by the City (Attachment C).

DISCUSSION
Project Location:

The La Colina Estates / Monrovia Nursery Project is in west central Glendora on approximately 95 acres.

The proposed changes impact two areas:
 Tract 66608 (Phases 17-21 and model build out/MBO)
This site area is bound on the north by Sierra Madre Avenue, Barranca Avenue to the east, Yucca Ridge Road on the west, and single-family residential homes to the south.  Tract 66609 (Phase 22/Meyer Lane)
This site area is bound by single-family residential homes to the west, north, and east. Its south borders the Fairmount Pioneer Cemetery and the northern terminus of Shorey Drive.

A map was provided by applicant which shows the subject phase areas of change (Attachment D).

General Plan and Zoning Designation
The Project has a General Plan (Community Plan 2025) designation of Low Density Residential and a zoning designation of Monrovia Nursery Specific Plan.

Summary of Project Proposal
The property owner/applicant is seeking approval of modifications which include the following components:
 Architectural and plotting changes to future homes on remaining phases of the La Colina/Monrovia Item #4. Page 8
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Nursery project. Note only the two-story homes are subject to Planning Commission approval and single story homes are included for reference.
 Eliminate 3 homes from the development phasing plan. The 3 homes removed from the development phasing plan will accommodate two basins near Yucca Ridge Road (on Lots 13, 14, and 15), the purpose of which is to accommodate updated mud debris flow analysis.

For further discussion information see the Project Analysis Memo and the Project Plans which are included as Attachment E - J. Also see Cox Castle letter regarding substantial conformance determination related to debris basins (Attachment L).

Summary of the Recommendation
Staff recommends approval of the DPR, subject to conditions of approval, as the changes are compatible with and complimentary to the surrounding residential neighborhood areas; and the plans are generally consistent the General Plan and applicable standards of the MNSP. All required findings as well as Conditions of Approval have been included within the draft resolution (Attachment A).

Public Hearing Notice
For the subject request, a Notice of Public Hearing was published in the San Gabriel Valley Examiner on September 23, 2022, and property owners within 500 feet of the subject properties were mailed a notice on September 23, 2022. The La Colin Homeowners Association (HOA) management office was also mailed a copy of notice. A copy of the notice is included as Attachment K.

FISCAL IMPACT
This application will have no financial impact to the City, as the applicant has paid all fees associated with the proposed review. Beyond the City’s review, the residential homes provide one-time revenue to the City in the form of building and development impact fees. The original tentative tract map approval also requires the developer to reimburse the City on a pro rata share for the City’s costs to prepare the MNSP prior to the issuance of building permits for each unit. In the long-term, the development of the homes will provide increased property taxes from the site.

ENVIRONMENTAL DETERMINATION
A California Environmental Quality Act (CEQA) Mitigated Negative Declaration (MND) was prepared for the Monrovia Nursery Specific Plan and Tract No’s 66608 and 66609 and adopted by the Glendora City Council on December 14, 2010. A Revised Addendum for the previously adopted MND was adopted by City Council September 25, 2012. The adopted MND and addendum included the full analysis for future construction of the residential homes currently under construction. It has been determined that the requested changes associated with the subject DPR application would not result in any new significant environmental effects beyond those impacts previously analyzed, therefore no additional subsequent environmental analysis is necessary for the proposed project. An Addendum to the project’s CEQA Notice of Determination will be added in the project file for documentation (Attachment M) and based upon its findings, no further environmental documentation is required for this project as there is no substantial evidence of information or changes as articulated under CEQA Guidelines Section 15162 that would require the preparation of a subsequent MND.

Respectfully submitted,
Mark Carnahan
City Planner
Community Development Department
Item #4. Page 9
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Staff Liaison Director
Mark Carnahan Jeff Kugel
ATTACHMENTS:

A. Draft Resolution
B. Application
C. Current Phasing Plan (Dated July 19, 2022)
D. Location Map Visual – La Colina Estates and subject lots E. Project Analysis Memo
F. Proposed House Design Plans
G. Proposed Site Plans for house plotting (Tract 66608) H. Proposed Site Plans for house plotting (Tract 66609) I. Approved Site Plans (2012) for house plotting (Tract 66608) J. Approved Site Plans (2012) for house plotting (Tract 66609) K. Public Hearing Notices
L. Letter – Substantial conformance determination related to debris basins M. CEQA Addendum
N. Staff Power Point Presentation
Item #4. Page 10
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PROJECT NO. PLN22-0016- PROJECT ANALYSIS MEMORANDUM
PROJECT SUMMARY:

Applicant/ Property Owner: William Lyon Homes (Taylor Morrision) 6440 Oak Canyon Suite 200, Irvine, CA 92618
Subject Property: La Colina Estates (Monrovia Nursery) Project, Glendora, CA; (Tract No. 66608 and Tract No. 66609)
Application:

The property owner/applicant is seeking approval of modifications, which include the following components:
 Architectural and plotting changes to future homes on remaining phases of the La Colina/Monrovia Nursery project. Note only the two-story homes are subject to Planning Commission approval and single story homes are included for reference.
 Eliminate 3 homes from the development phasing plan. The 3 homes removed from the development phasing plan will accommodate two basins near Yucca Ridge Road (on Lots 13, 14, and 15), the purpose of which is to accommodate updated mud debris flow analysis.

Description of Property Location and Current Use:

The La Colina Estates / Monrovia Nursery Project is in west central Glendora and the proposed changes impact two subject areas:
 Tract 66608 (Phases 17-21 and model build out/MBO)
This subject site area of approximately 27 acres is bound on the north by Sierra Madre Avenue, Barranca Avenue to the east, Yucca Ridge Road on the west, and single-family residential homes to the south. This area of homes will be a contained neighborhood with two short roadways (Iris Lane and Rodriquez Way) which serve as entry to a circular roadway system (Juniper Drive and Empress Drive) that serves 32 new homes.
 Tract 66609 (Phase 22/Meyer Lane)
This subject site area of approximately 4 acres is bound by single-family residential homes to the west, north, and east. Its south borders the Fairmount Pioneer Cemetery and the northern terminus of Shorey Drive. This area of homes will be a vary from other in the tract as they will be graded as hillside lots that will utilize a single private roadway drive (Meyer Lane) that serves 5 new homes and 1 existing.

Approximately 81 of the 124 originally proposed homes within Tract No’s 66608 and 66609 have been completed or are under construction. The subject areas for the proposed changes are currently vacant but are in some stage of grading and utility work.

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PROJECT ANALYSIS:

General Plan and Zoning
The project site has a General Plan land use designation of Low Density Residential. The existing zoning designation is Monrovia Nursery Specific Plan (SP-MN).

The General Plan and Specific Plan contain goals and policies that support the already approved project and the proposed changes. In evaluating the proposal, staff found the following excerpts from the General Plan Land Use Element to be relevant:
 Goal LU-7: A diverse range of housing choices.
 Policy LU-10.1: Ensure the design and development of infill projects compliments existing development in terms of scale, character, and pedestrian quality.  Policy LU-10.4: Provide for a thorough evaluation of vacant and underutilizes sites within the City of Glendora, including…Monrovia Nursery…
The City’s Housing Element, includes the following:
 GOAL 3: Provide suitable sites for housing development which can accommodate a range of housing by type, size, location, price, and tenure.
 Policy 3.1: Implement land use policies that allow for a range of residential densities and products, including low-density single-family uses, moderate-density townhomes, and higher-density apartments, condominiums, and units in mixed-use development.  Policy HU-3.3: Encourage compatible residential development in areas with recyclable or underutilized land.

Request – Development Plan Review
The Monrovia Nursery Specific Plan requires city approval for all second story architecture and project phasing. Per GMC §21.02.040 and §21.13, the proposed project changes will require the review and approval of a Development Plan Review (DPR). Required findings for approval of a DPR are contained within GMC §21.02.040F and are outlined within the attached draft resolution.  Architectural
Architectural changes to future constructed homes on remaining phases of the La Colina/Monrovia Nursery project.

The revised homes consist of one-story and two-story plan types. There are three (3) different floor plans (Plan 1, Plan 2, and Plan 3) one of which is a two-story home type (Plan 3). Each floor plan has two (2) different architectural elevation styles which are identified as “Farmhouse”, “Traditional”, and “Spanish”. This results in two concepts in each style, for a total of six different building elevations.

There are 23 homes in the north tract, divide by 6 elevation styles results in a repeat on 2.5 times.

The Meyers Lane phase has no elevation repeats. When viewing the site plan each lot is identified by Lot #, Plan #, and a Letter to denote Architectural Style (A = Spanish, B = Traditional, C = Farmhouse).

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The architectural elevations are nicely articulated and carefully detailed with exterior elements that include the following:

Farmhouse Traditional Spanish
Concrete Flat Tile Roof
Metal Shed Roof
Wood Fascia
Wood Barge Board
Gable Siding
Vinyl Windows (White)
Stucco
Board and Batt Siding
Stucco over Foam Window and
Door Trim/Cement Trim
Decorative Front Entry Door
Decorative Metal Roll-up Garage
Door
Concrete Slate Tile
Wood Fascia
Vinyl Windows (While)
Stucco
Siding
Stucco over Foam Window
Door Trim/ Fiber Cement Trim
Decorative Front Entry Door
Decorative Metal Roll-up
Garage Door
Wood Railing at Porch
El Dorado Brick
Concrete “S” Tile
Wood Fascia
Wood Barge Board
Decorative Pipes - Gable Ends
Vinyl Windows (Tan)
Stucco
Stucco over Foam Window and
Door Trim
Decorative Front Entry Door
Decorative Shutters
Decorative Metal Roll-up Garage
Door
Wood Railing at Porch
Tile Accent
On the site plan all the two-story homes are identified by the Letters on the Site Plan (A = Spanish, AR = Spanish Reversed, B = Traditional, BR = Traditional Reversed).  Lot 29 (B= Traditional)
 Lot 32 (B= Traditional)
 Lot 34 (A = Spanish)
 Lot 36 (B= Traditional)
 Lot 38 (A = Spanish)
 Lot 39 (A = Spanish)
 Lot 40 (B= Traditional)
 Lot 42 (A = Spanish)
 Lot 44 (B= Traditional)
 Lot 47 (A = Spanish)
 Lot 65 (A = Spanish)
There will also be nine (9) different color schemes to also increase the visual diversity of homes.

Note that while the proposed colors are appropriate staff has a concern that they are too similar and as such has added a condition of approval in the resolution that requires that the applicant revise the color schemes so that they have more contract within the color selections.

The plan appears to provide adequate variety as seen on the project plans and are designed to be in substantial conformance with the development and design requirements of the Monrovia Nursery Specific Plan. All proposed two story homes comply with the Specific Plan development standards.

All floor plans meet the required Specific Plan setbacks. All proposed development is consistent with the maximum Floor Area Ratio (FAR) of 35 percent of lot area. All second story construction is consistent with the maximum 75 percent second story to first story ratio.

The proposed building height for two-story homes is 25 feet, which is maximum allowed. Note only the two-story homes are subject to Planning Commission approval and information for single story homes is included for reference.

Item #4. Page 13
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Finally, the new floor plans are slightly smaller in size than the previous plans. Below is a comparison of square footages (note that there were six approved project home plans vs the proposed three).

Comparable Floor Plans
Not FAR - Livable Space Square Footage
(approx.)
– not counting garages and porches)
2012 Approved
Plan 1 3,598 3,794 3,817 3,863
Plan 2 4,326
Plan 3 4,143
Plan 4 4,478
Plan 5 5,920
Plan 6 5,982 5,995
Proposed
Plan 1 2,862
Plan 2 3,274
Plan 3 3,799
For visual reference please see the following Report Attachments:

F. Proposed House Design Plans
G. Proposed Site Plans for house plotting (Tract 66608) H. Proposed Site Plans for house plotting (Tract 66609)  Plotting changes
Newly designed homes have been replotted on the two subject site plans for Tracts 66608 and 66609. Homes are all oriented towards the roadways and placed on their respective lots to comply will all setback requirements of the MVSP, for example all will maintain the required 25 foot front setback, but sides and rear setbacks will vary.

The plotting of two-story homes (11 total) will conform to the Monrovia Nursery Specific Plan and none of the two-story homes will be located immediately adjacent to any existing neighborhood homes adjacent to Tract 66608. Specifically, the proposal is to place a Plan #3 two-story home floor plan on individual lot numbers #29, 30, 32, 34, 36, 38, 40, 42, 44, and 47.

Glendora Municipal Code Section 21.0130.260 includes the below visual (“One Story” Exhibit to identify all lots that are restricted to one story construction. The proposed plans have complied with this requirement.

Item #4. Page 14
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One-Story Exhibit (From GMC 21.130.260)
For comparison within the two subject tract map plan areas that are requesting changes, the original plans had 15 two-story homes verse 11 within the current proposal. Finally note that there will be no increase in any house pad grade elevation from what was previously approved.

The Monrovia Nursery Specific Plan discusses privacy issues for second story construction, recommending “window placement and landscape screening to minimize (as much as practical) second story windows overlooking the rear yard of existing homes. Staff also considered this for the new homes proposed for the project. Since all lots adjacent to existing development will be one story, rear setbacks are being observed, and landscaping will be provided, any impacts to neighboring existing homes will be negligible.

For visual reference please see the following Report Attachments:

G. Proposed Site Plans for house plotting (Tract 66608) H. Proposed Site Plans for house plotting (Tract 66609) I. Approved Site Plans (2012) for house plotting (Tract 66608) J. Approved Site Plans (2012) for house plotting (Tract 66609)  Eliminate 3 homes
Eliminate 3 homes from the development phasing plan. The 3 homes removed from the development phasing plan will accommodate two basins near Yucca Ridge Road (on Lots 13, 14, and 15), the purpose of which is to accommodate updated mud debris flow analysis.

Additional basins have been anticipated with previously approved grading plans and new proposed Item #4. Page 15
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modifications that relocate them entirely on Lots 13, 14, 15 which is substantially consistent with the Specific Plan, the Project’s conditions of approval, the project’s CEQA mitigation measures.

City Council Resolution 2010-46, Condition#61, explains three possible solutions to address flooding and debris flow. The solutions include on or more debris detention facilities, as reflected in the current proposal.

For visual reference please see the following Report Attachments:

H. Proposed Site Plans for house plotting (Tract 66609) I. Approved Site Plans (2012) for house plotting (Tract 66608) J. Approved Site Plans (2012) for house plotting (Tract 66609) Also see the CEQA Addendum (and its support document) which are Attachments L to the report for a further explanation on updated analysis data that resulted in basins being placed on Lots 13,14, and 15.

Conclusion
The project’s proposed changes are generally compatible with and complimentary to the surrounding residential neighborhood areas; and the plans are generally consistent the General Plan and applicable standards of the MNSP. All required findings as well as Conditions of Approval have been included within the draft resolution (Attachment A). Therefore, staff recommends approval of the DPR, subject to conditions of approval.

Item #4. Page 16
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RESOLUTION NO. PC 2022-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

GLENDORA, CALIFORNIA, APPROVING A DEVELOPMENT PLAN

REVIEW (DPR) REQUEST SEEKING APPROVAL FOR

ARCHITECTURAL AND PLOTTING CHANGES TO HOMES
PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT / MBO); AND HOMES PROPOSED FOR TRACT
66609 (PHASE 22 / MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; AND COMPLIANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

THE PLANNING COMMISSION
City of Glendora, California
WHEREAS, On March 15, 2022, a Development Plan Review (DPR) application (File No. PLN21-0016) was submitted by William Lyons (Taylor Morrison) requesting approval for architectural product change on 32 single-family residences in Tract 66608 in the North Tract and 5 single-family residences in Tract 66609 at Meyer Lane. The application also states that plotting of homes will be in conformance with the MNSP exhibit “One-Story Exhibit - lots were only single story structures will be allowed”; and
WHEREAS, the subject site areas have a General Plan (Community Plan 2025) designation of Low Density Residential and a zoning designation of Monrovia Nursery Specific Plan; and
WHEREAS, On December 14, 2010, the Monrovia Nursery Specific Plan (MNSP) and Tract No’s 66608 and 66609 were adopted by the Glendora City Council. The MNSP is incorporate in the Glendora Municipal Code as Title 21 Zoning – Chapter 21.13. The City Council adopted the Monrovia Nursery Specific Plan to provide guidance and standards for future development of the vacated Monrovia Nursery property located between Sierra Madre Avenue and the Metro railroad right-of-way and between the Azusa-Glendora City boundary and Barranca Avenue (Glendora Monrovia Nursery property); and
WHEREAS, the City Council of the City of Glendora adopted an addendum to the adopted mitigated negative declaration to expand the area to be annexed from Los Angeles County as part of the development of the Glendora Monrovia Nursery property at a public hearing held on December 13, 2011; and
WHEREAS, On September 25, 2012, the City Council adopted the following as part of the MNSP project:
 a Development Plan Review for 2-story residential construction and construction phasing for the MNSP development;
 amendment to the MNSP to incorporate technical changes relative to pad elevations, drainage facilities and retaining walls;
 minor technical changes to the MNSP and one year time extension.

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WHEREAS, since the 2012 approximately 81 homes within Tract No’s 66608 and 66609 have been completed or are under construction; and WHEREAS, Glendora Municipal Code (GMC) §21.02.040 establishes procedures for the review of development applications proposed through Development Plan Review (DPR) application; and
WHEREAS, GMC §21.02.040 provides that the purpose of a DPR is to establish procedures “whereby development plans can be reviewed to ensure orderly development, aesthetic design, safe and harmonious placement and to:

1. Prevent or minimize adverse impacts on property in the vicinity;

2. Implement the general plan and applicable specific plans;

3. Protect the public health, safety and welfare;

4. Site structures and other improvements in a manner that is in harmony with the terrain and existing developments in the vicinity;

5. Encourage and promote energy-efficient design.”; and WHEREAS, GMC §21.02.040(G) provides that the reviewing body (in this case, the Planning Commission) may impose such conditions as it deems necessary to ensure that the project will meet the development standards of the zone and the purpose and intent of the DPR; and
WHEREAS, a public hearing was held by the Planning Commission of the City of Glendora on October 4, 2022, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the written recommendation of the Planning Division staff of the City of Glendora.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF GLENDORA AS FOLLOWS:

SECTION 1. The Planning Commission hereby affirms that a California Environmental Quality Act (CEQA) Mitigated Negative Declaration (MND) was prepared for the Monrovia Nursery Specific Plan and Tract No’s 66608 and 66609 and adopted by the Glendora City Council on December 14, 2010. A Revised Addendum for the previously adopted MND was adopted by City Council September 25, 2012. The adopted MND and addendum included the full analysis for future construction of the residential homes currently under construction. It has been determined that the requested changes associated with the subject DPR application would not result in any new significant environmental effects beyond those impacts previously analyzed, therefore no additional subsequent environmental analysis is necessary for the proposed project.

An Addendum to the project’s CEQA Notice of Determination will be added in the project file for documentation (Attachment L) and based upon its findings, no further environmental documentation is required for this project as there is no substantial evidence of information or changes as articulated under CEQA Guidelines Section 15162 that would require the preparation of a subsequent MND.

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SECTION 2. The Planning Commission hereby approves and makes Findings With Facts, which are hereby incorporated in full.

FINDINGS FOR DEVELOPMENT PLAN REVIEW

1. The use is authorized pursuant to this title.

FACT: Approval of the development plan review allows architectural and plotting changes to future homes construction on remaining phases to an already approved and under construction project (La Colina/Monrovia Nursery project). Note only the two-story homes are subject to Planning Commission approval and single story homes are included for reference. Second story construction is authorized pursuant to §21.13.410.C and §21.02.040 of the Glendora Municipal Code. Elimination of 3 homes from the development phasing plan is needed to accommodate construction of two basins near Yucca Ridge Road (on Lots 13, 14, and 15), the purpose of which is to accommodate additional mud debris flow. Elimination of 3 houses from development plan (not a reduction in lots) is authorized pursuant to §21.13.410 of the Glendora Municipal Code.

2. The use is consistent with the General Plan and other applicable plans.

FACT: The subject property maintains a General Plan Land Use Designation of Low Density Residential (1.1 – 3 dwelling units per acre) and an implementing zone of Monrovia Nursery Specific Plan. The project proposes a single family residential density of approximately 0.8 dwelling units an acre which does not exceed the maximum allowable land use density. The project has minimum lot sizes of 20,000+ square feet which is consistent with the Monrovia Nursery Specific Plan.

The General Plan and Specific Plan contain goals and policies that support the already approved project and the proposed changes. In evaluating the proposal, staff found the following excerpts from the General Plan Land Use Element to be relevant:
 Goal LU-7: A diverse range of housing choices.
 Policy LU-10.1: Ensure the design and development of infill projects compliments existing development in terms of scale, character, and pedestrian quality.  Policy LU-10.4: Provide for a thorough evaluation of vacant and underutilizes sites within the City of Glendora, including…Monrovia Nursery… The City’s Housing Element, includes the following:
 GOAL 3: Provide suitable sites for housing development which can accommodate a range of housing by type, size, location, price, and tenure.  Policy 3.1: Implement land use policies that allow for a range of residential densities and products, including low-density single-family uses, moderate-density townhomes, and higher-density apartments, condominiums, and units in mixed-use development.
 Policy HU-3.3: Encourage compatible residential development in areas with recyclable or underutilized land.

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Resolution No. A 2022-11 Page 4 of 7

3. The site can accommodate the development standards of this title or as otherwise required.

FACT: The applicants have approved entitlements for a project of 121 single family residential homes on 20,000+ square foot lots with all street access and public utility systems consistent with the Monrovia Nursery Specific Plan. Approximately 81 homes have already been built to date. Conditions of approval for the original tentative tract maps and modifications, and this development plan review identify infrastructure improvements to accommodate the proposed homes. To accommodate updated mud debris flow analysis which has been identified, three homes will not be constructed and instead debris basins built (on Lots 13, 14, and 15).

4. The site is adequately served by streets, utilities and other services, facilities, and improvements.

FACT: The applicant has approved tract maps (66608 and 66609) which include the provisions for all necessary streets and public utility systems and storm drainage systems to accommodate the development. All residential development shall be served by new streets which will meet City standards. The applicant is required to provide all utilities including gas, electricity, sewer, and storm drainage systems for each lot of the proposed Glendora Monrovia Nursery Project. Existing utilities are available for connection including Southern California Edison, The Gas Company, Verizon phone system, Glendora and Los Angeles Sanitation Services sewer system, and Los Angeles County storm drainage system. Trash collection and recycling services is provided by the exclusive franchise agreement between the City and Athens Services.

5. The development or improvements of the lot will not adversely affect the character and integrity of the area, the utility and value of properties in the area, and the health, safety and welfare of the public.

FACT: The proposed changes and second story development is consistent with the Monrovia Nursery Specific Plan which incorporated standards and guidelines to preserve the character and integrity of the area and the utility and value of properties in the area. The proposed phasing is conditioned to require all infrastructure, storm drain systems and street improvements shall be installed prior to initiation of building construction. All construction must receive building permit and engineering permit approval. These requirements will ensure that the health, safety, and welfare of the public is protected.

SECTION 3. The Planning Commission hereby approves a Development Plan Review request seeking approval for architectural and plotting changes to homes proposed for construction in Tract 66608 (Phase 17-21 and model build out/MBO); and homes proposed for Tract 66609 (Phase 22/Meyer Lane); and to eliminate 3 homes from the development phasing plan of the MNSP project; as described and depicted by the report materials and project plans attached to the Planning Commission Agenda Report for PLN22-0016, and after determining that the project meets the requirements of the Monrovia Nursery Specific Plan and Monrovia GMC §21.02.040. The applicant shall comply with all applicable previously approved project conditions DocuSign Envelope ID: F13D2CBA-0EA9-4F7B-AB3B-57BF94C17830 Item #4. Page 20
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as outlined in City Council Resolutions CC2010-46 and CC 2012-62 and this approval subject to the following Conditions of Approval:

CONDITIONS OF APPROVAL

1. The City shall have the right of entry to inspect the premises to verify compliance with the Conditions of Approval and the Glendora Municipal Code.

2. The City shall retain the right and the jurisdiction to review the Development Plan Review (PLN17-0039) in the event the use conducted herein is modified, changed in scope, or the owner or operator seeks to expand, alter, reconfigure, or change the use.

This reservation of the right of review is in addition to, and not in lieu of, the right of the City to review and revoke the “Development Plan Review (PLN22-0016)” or to modify the permit for any violation of the Conditions imposed.

3. The applicant agrees as a condition of issuance of this entitlement to indemnify, protect, defend, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively, “Claims”) arising out of or in any way relating to the issuance of this entitlement, any actions taken by the City related to this entitlement or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for this entitlement and related actions.

Planning Division

4. The subject site shall be developed in substantial conformance with project plans attached to the Planning Commission Report for PLN22-0016, as modified by these Conditions of Approval.

5. Prior to issuance of permits for the City, the applicant shall:
a. Submit all necessary plans for plan check review to confirm project’s grading plan and building construction set compliance with applicable codes and projects’ Specific Plan.
b. Submit for approval by City Community Development Director, revised color schemes that increase visual diversity/color contrast and/or if allowed, add an additional 4th scheme.
c. Submit for new approval by City Community Development Director, a revised landscape plan that addresses all changes since last review.

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d. Provide to City documentation of any/all changes to projects CC&Rs and agreements related to debris basis for on Lots 13, 14, and 15. e. Reimburse City for any outstanding costs associated with processing the application (File No. PLN22-0016), which include newspaper advertising, and notice postage charges.

6. The applicant shall maintain consistency with the colors and materials submitted to the Planning Division for approval. No modifications(s) of the approved building elevations, including but not limited to change of finished material(s) or removal of building articulation shall be made during construction without prior written approval from the Community Development Director.

Los Angeles County Fire Department

7. The approval of this permit shall be contingent on applicable approvals by the Los Angeles County Fire Department. Any changes resulting from requirements of the Los Angeles County Fire Department shall be submitted to the Planning Division for review and approval prior to the commencement of construction.

Term

8. Construction shall commence within 30 months after the effective date of the approval or such other period specified as a condition of approval and shall be carried on diligently to completion. If construction work is not commenced within the required time and carried on diligently to completion, the permit shall become void; however, the Planning Commission may extend the time limit in the case of unavoidable delay. The applicant must submit a written request to the Planning Commissions for a time extension at least thirty days before the original time limit expires. Consideration of a time extension does not require a public hearing even if a hearing was required for the original permit. (GMC §21.02.010 E.)
Enforcement

9. The property owner shall pay the costs of any code enforcement activities, including attorney’s fees, resulting from the violation of any conditions of approval or any provision of the Glendora Municipal Code. (GMC §1.18)

10. Any violation of the Zoning Ordinance or any entitlement granted is considered a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) and/or by imprisonment in the County jail for a period not exceed six (6) months. Each day or portion of a day during which any violation of the Zoning Ordinance occurs or continues constitutes a separate offense and shall be punishable as provided. (GMC §21.01.030 H.) SECTION 4. The Chair shall sign this Resolution and the Secretary shall attest and certify to the passage and adoption of this Resolution, and the same shall thereupon take effect on DocuSign Envelope ID: F13D2CBA-0EA9-4F7B-AB3B-57BF94C17830 Item #4. Page 22
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October 4, 2022, subject to a 15 calendar-day appeal and be enforced in accordance with the terms and Conditions thereof.

PASSED, APPROVED and ADOPTED this 4th day of October 2022.

Planning Commission of Glendora, California
BY: _____________________________________

PAULETTE KOSS
Chair
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

LONA LAYMON
Assistant City Attorney

CERTIFICATION
I, Lorena Cordova, Planning Commission Recording Secretary of the City of Glendora, California, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Glendora at a Regular meeting held on the 4th day of October 2022 by the following vote:

AYES: COMMISSIONERS: Becerra, Norwood, Koss.

NOES: COMMISSIONERS: None.

ABSENT: COMMISSIONERS: None.

ABSTAIN: COMMISSIONERS: Davis.

Dated: October 4, 2022
_____________________________________

LORENA CORDOVA
City Clerk Specialist
DocuSign Envelope ID: F13D2CBA-0EA9-4F7B-AB3B-57BF94C17830 Item #4. Page 23
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Certificate Of Completion
Envelope Id: F13D2CBA0EA94F7BAB3B57BF94C17830 Status: Completed Subject: Complete with DocuSign: Resolution No. PC 2022-11 Approving Development Plan for Track 66608 & ...

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116 E Foothill Blvd
Glendora, CA 91741
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10/5/2022 12:22:21 PM
Holder: Elvia Dominguez
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Lona Laymon
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Paulette Koss
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Lorena Cordova
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Accepted: 9/13/2021 11:08:10 AM
ID: 7176133a-772e-4d45-8ea8-2552d197b44a
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Mark Carnahan
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RESOLUTION NO. 2010-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDORA, CALIFORNIA, APPROVING A SUBDIVISION FOR
VESTING TENTATIVE TRACT MAP NO. 66608 TO ALLOW A 50

LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION PROJECT ON
CERTAIN PROPERTY LOCATED ON 34.5 ACRES, GLENDORA,
CALIFORNIA (SUB10-01)

THE CITY COUNCIL
City of Glendora, California

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY
RESOLVE AS FOLLOWS:

WHEREAS, the Monrovia Nursery has filed a subdivision application to create 50 single-family lots on 34.5 acres located in Glendora, California; and WHEREAS, the Planning Commission of the City of Glendora recommended a conditional approval of the request for a subdivision for Tentative Tract Map No. 66608 to allow a 50-lot single-family residential subdivision at a public hearing on November 16, 2010, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the written recommendation of the Planning and Redevelopment staff of the City of Glendora; and
WHEREAS, a public hearing was held by the City Council on December 14, 2010, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the recommendation of the Planning Commission,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby adopts a Mitigated Negative Declaration for this project pursuant to the California Environmental Quality Act as recommended by the Planning Commission November 16, 2010.

SECTION 2. The City Council hereby makes findings with facts, which findings with facts are hereby set forth in full.

FINDINGS:

Subdivision (SUB10-01) for Tentative Tract Map No. 66608 I. The proposed map is consistent with applicable general and specific plans.

FACT: The proposed map is consistent with the Monrovia Nursery Specific Plan as amended by conditions of approval. The General Plan land use designation for the area involved in the subdivision is Low Density Residential (1-3 units per acre). The proposed Monrovia Nursery Specific Plan will implement the general Item #4. Page 32
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plan land use as it enforces the Low Density general plan land use designation.

For example, the number of lots proposed by the subdivision is 50 lots and the number of acres involved in the subdivision 34.5 acres. The corresponding density is 1.4 units per acre which falls within the allowable general plan density of 1-3 units per acre. The specific plan proposed for the property also identifies 50 lots for the area involved in the subdivision. Therefore the proposed map is consistent with the density of the City's general plan and the number of lots envisioned for this area of the specific plan.

2. The design or improvement of the proposed subdivision is consistent with applicable general or specific plans.

FACT: The proposed specific plan provides detailed direction on the development of the site including lot layout, infrastructure requirements, street layout, grading scheme, street cross sections, and open space. The proposed tentative map incorporates most of the features. Where the map is not consistent with the specific plan, conditions of approval have been added to the map to ensure the map is consistent with the specific plan.

3. The site is physically suitable for the type of development FACT: Studies prepared for the project identify characteristics of the land that may need to be remediated in order for the site to be developed. Undesirable characteristics of the land include possible flood hazard, unsuitable soils, hazardous materials in the soil, and inclusion of the site in a high fire hazard severity zone. Conditions of approval and environmental mitigation measures for the project require MI exploration of these possible hazards prior to the recordation of the map. Adequate conditions and mitigation measures are in place to protect development of the site against these potential hazards. These include completion of a final hydrology study and runoff management plan with debris flow analysis to ensure that the site is not impacted by off-site flood hazard, elimination of all unsafe soils and geologic conditions and recommendations for structural building designs, and removal of hazardous soil contaminants that exceed levels identified to be harmful. The subdivision must also comply with the requirements of the Los Angeles County Fire Department and the California Building Code to ensure the project complies with building requirements for the Very High Fire Hazard Severity Zone.

4. The site is physically suitable for the proposed density of development.

FACT: With the conditions and mitigation measures that address potential hazards on the site that have the capability to reduce density on the site, the proposed number of lots for the subdivision is physically suitable.

5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially injure wildlife or their habitats.

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FACT: Biological studies prepared for the development of the site do not indicate the presence of wildlife or habitat. The property has been utilized as a commercial nursery for several decades but is currently fallow. Conditions and mitigation measures include safeguards to protect birds during nesting season and provide a tree-replacement program.

6. The design of the subdivision is not likely to cause serious public health problems.

FACT: Requirements for the development of the site include a requirement to reduce potentially harmful levels of arsenic to safe levels. Conditions and mitigation measures also require the implementation of measures to offset potential noise impacts during construction and reduce air-quality impacts during construction from heavy equipment. No other issues have the potential to cause health problems.

7. The design of the improvements will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision.

FACT: Easements exist on the site for road purposes to support the widening of Sierra Madre Avenue to the south from the present edge of pavement. The design of the subdivision will provide for the widening of Sierra Madre Avenue to the south, however, the easements in place will have to be vacated in order for the development to move forward. Sierra Madre Avenue has been modified substantially since the time the existing easements were given for road purposes.

What was once envisioned as a four-lane arterial is now a two-lane residential collector street. Existing easements are no longer needed, however, they still encumber the property. A condition of approval requires the easements to be quitclaimed prior to the recordation of the final map.

SECTION 3. The City Council hereby approves a subdivision for Tentative Tract Map No. 66608 to allow a 50 lot single-family residential subdivision project on certain property located on 34.5 acres in Glendora, California, subject to conditions.

CONDITIONS SUB10-01:

1. The subject property shall be developed in conformance with exhibit Subdivision (SUB10-01) subject to the provisions of the Monrovia Nursery Specific Plan and as modified by these conditions of approval.

2. Prior to the approval of a final map, the subdivider shall complete an annexation process bringing all unincorporated territory of the map into the City. The annexation process shall be completed no later than December 31, 2012, or the Vesting Tentative Map shall automatically become void pursuant to Section 66454 of the Government Code.

Extension of the time to complete the annexation process may be granted by the City Council.

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3. Approval for Subdivision (SUB10-01) for Vesting Tentative Tract Map 66608 shall expire within 24 months of the completion of annexation of unincorporated territory contained within the map unless an extension of the map is granted by the City Council.

The time for commencement of the map's 24-month approval period shall start on the date that the annexation is completed.

4. Prior to recordation of a final Tract or parcel map, the final map shall provide for no more than 50 dwelling units and minimum lot areas of 20,000sf, as approved by the City Engineer and the Los Angeles County Public Works, Surveyors Office.

5. Construction shall commence within 24 months of approval of recordation of the final map for Subdivision (SUB10-01) or any extension granted to the life of the tentative map. However, no building permits for any dwelling unit shall be issued until final map approval by the City Council and evidence of final map recordation has been provided to the City, and other applicable conditions have been met.

6. The applicant shall comply with all applicable requirements of the City, County, State, and other responsible agencies; including, but not limited to, NPDES; SUSMP; SWPPP; ADA; AQMD; the California Building Code and the CMP.

7. The conditional approval of this subdivision map shall be contingent on approval by the Los Angeles County Fire Department. Any changes resulting from requirements of the Los Angeles County Fire Department shall be submitted to the Department of Planning and Redevelopment for review and approval prior to the commencement of construction.

8. The applicant shall submit a map detailing the route to be followed by vehicles making deliveries of equipment, materials, and soils to and from the site to the Department of Planning & Redevelopment and Public Works prior to the issuance of any permits.

9. Prior to the issuance of building permits, the subdivider shall pay any fees not in place at the time of approval of this tentative map which can meet the criteria for the payment of fees pursuant to Section 65961 of the California Government Code.

10. The subdivider shall be responsible for the repair of all damages to public improvements in the public right-of-way resulting from construction-related activities, including, but not limited to, the movement and/ or delivery of equipment, materials, and soils to and/or from the site. Prior to the commencement of any site work or work in the public right-ofway, the subdivider shall prepare a video log of the right-of-way areas affected as determined by the City Engineer. The video log shall also be submitted to the City Engineer in a format to be designated by the City prior to the commencement of any work.

11. Soils shall be watered as necessary to minimize dust generation.

12. Prior to the commencement of any work, the subdivider shall provide a contact number for the public to call concerning dust complaints. The information may be posted along with information concerning project noise.

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13. Prior to the approval of the final map, the subdivider shall petition the City to annex the property into the appropriate lighting maintenance district

14. Prior to submittal of a rough grading plan, current (no older than 1 year) design level (1' contour levels and 5' on steep slopes) topographic mapping extending beyond the tract boundaries 100 feet and covering any off-site improvements shall be provided.

15. Prior to approval of a rough grading plan, all lots shall drain to the street or approved drainage easements (No cross lot drainage is allowed except as shown on the vesting tentative tract map). In addition, the grading plans will show and call out the construction of all drainage devices, elevation of all pads and all existing and proposed easement as approved by the City Engineer.

16. Prior to approval of a grading plan, all retaining walls shown on the tentative tract map shall be designed and submitted to the City Engineer for review and approval.

17. Prior to the approval of the final map the emergency access detail on Calera Avenue shall be revised to indicate the installation of electric gates with an approved limited access device for emergency access. Gates shall be activated from a single point of entry.

18. All storm drain and flood control facilities shall be designed and built in accordance with Los Angeles County standards.

19. Prior to the approval of the final map, the subdivider shall execute a subdivision improvement agreement with the City. The improvement agreement shall include provisions which require the necessary off-site improvements to serve the subdivision in conjunction with the improvement of Vesting Tentative Tract Map 66609. The agreement shall be subject to the review and approval of the City.

20. Prior to the approval of the final map, the subdivider shall execute an temporary drainage easement agreement in favor of future property owners of Vesting Tentative Tract Map 66609 which provides for the temporary improvement of a detention basin within the subdivision to mitigate storm water run-off impacting Vesting Tentative Tract Map 66609. The terms of the easement shall follow adopted mitigation measures for the project.

21. CC&Rs shall be prepared for the development including articles establishing a home owners' association (HOA). CC&Rs shall include HOA landscaping responsibilities for all common areas and landscape easement areas. The CC&Rs shall be submitted to the City Attorney for review and approval and shall be recorded concurrently with the final map. The subdivider shall provide a recorded copy of the CC&Rs prior to the issuance of occupancy. The subdivider shall reimburse the City for all legal costs associated with this condition.

22. The City shall have the right of entry to inspect the premises to verify compliance with the conditions of approval and the Glendora Municipal Code.

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23. The subdivider shall sign a statement indicating agreement with and acceptance of the adopted conditions of approval prior to issuance of permits and commencement of use.

The signed statement shall be returned to the Department of Planning & Redevelopment within 10 days of adoption by the City Council.

24. The subdivider agrees as a condition of issuance of this entitlement to indemnify, protect, defend, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") arising out of or in any way relating to the issuance of this entitlement, any actions taken by the City related to this entitlement or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for this entitlement and related actions.

25. The subdivider shall defend, indemnify and hold harmless the City of Glendora, or its agents, officers, and employees, from any claim, action, or proceeding against the City of Glendora or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Glendora, the City of Glendora's advisory agency, Planning Commission and/or City Council concerning the subdivision, which action is brought within the time period provided for in Section 66499.37. The City of Glendora shall promptly notify the subdivider/ applicant of any claim, action, or proceeding and the City of Glendora shall cooperate fully in the defense of the claim, action or proceeding.

26. Prior to the issuance of any building permit, the developer will pay a pro rata share to reimburse the City for costs associated with the preparation of the specific plan. The pro rata share for each dwelling unit shall be based on the total number of units developed within the Monrovia Nursery Specific Plan area. This reimbursement shall be collected on a pro rata basis upon the issuance of building permits for each dwelling unit constructed. For purposes of calculating the reimbursement for each dwelling unit, the total number of units shall be 124.

27. Prior to the approval of a final map, the following plans and studies shall be provided to the City for review and approval by the Department of Planning & Redevelopment and/or Public Works Department. For any study the City may retain a third party to assist in its review and approval of proposed plans. The cost of retaining a third party reviewer shall be passed through to the developer.

Plans
a) Landscape and irrigation: A landscape and irrigation plan shall be submitted for common area landscaping such as landscaping in the public right-of-way, open space lots, and areas subject to maintenance by the HOA, and any other developer installed landscaping, to the City for review and approval subject to the requirements of the State Model Water Efficient Landscape Ordinance. Trees installed shall be minimum one-inch caliper. Approved landscaping shall be installed according to an approved landscape installation phasing plan. Prior to the granting of any occupancy, the Departments of Planning & Redevelopment and Community Services shall inspect developer-installed landscaping to ensure full coverage of all landscaped areas. The developer shall provide additional material as required. Approved landscape and irrigation improvements shall be installed prior to the issuance of any occupancy.

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b) Walls and fencing: A perimeter wall/ fence plan shall be submitted to the Department of Planning and Redevelopment for review and approval prior to the issuance of grading permits. The wall plan must account for existing historical water runoff between the subject property and contiguous properties. Installation of walls and fencing shall be installed in a manner that follows the approved development-phasing plan, except that perimeter lot walls which separate the project site from adjoining properties shall be installed prior to the issuance of building permits. Interior property-line fencing must be installed prior to the issuance of occupancy. Common area or public right-of-way walls and fencing shall be installed prior to the issuance of occupancy for any lot.
c) Lighting: Any public-area lighting proposed shall be submitted to the Departments of Planning & Redevelopment and Public Works prior to the installation of the lighting. d) Waste Management: A Waste Management Plan shall be submitted to the Department of Planning & Redevelopment for review and approval prior to the issuance of any permits. The plan shall comply with the City's Construction and Demolition Ordinance No. 1811. The approved plan shall be implemented upon start of demolition, grading and construction and maintained throughout the project until final approval of the last unit. The City may review and amend the plan as needed to ensure compliance with Ordinance 1811.
e) Grading: Prior to approval of a grading plan, all lot pads shall not exceed one foot in higher elevation but may be less as depicted in the Specific Plan as approved by the City Engineer.
0 Sewer: Prior to recordation of a Final Tract or Parcel Map, Sewer improvement plans shall be designed in accordance with the approved tentative map, engineering standards of the City of Glendora and other applicable agencies for approval by the City Engineer, L A County Sanitation District and LA County Department of Public Works, Sewer Maintenance Division.

Prior to recordation of a Final Tract or Parcel Map, Water improvement plans shall be designed in accordance with the approved tentative map, engineering standards of the City of Glendora and fire hydrants of the type and location (both onsite and offsite) as determined by the County of Los Angeles Fire Department. The Water mains shall be sized to accommodate the total domestic and fire-flow requirements. All water plans shall be submitted for approval by the City Engineer. h) Prior to recordation of a Final Tract or Parcel Map, storm drain improvement plans shall be designed in accordance with the approved tentative map, engineering standards of the County of Los Angeles and the City of Glendora and other applicable agencies for approval by the City Engineer and Los Angeles County Flood Control District.
i) Prior to recordation of a Final Tract or Parcel Map, street improvement plans with a minimum street grade of 1% and street trees as required by the Specific Plan shall be designed in accordance with the approved tentative map, engineering standards of the City of Glendora and other applicable agencies for approval by the City Engineer.

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j) Prior to recordation of a Final Tract or Parcel Map, the offsite street improvement plans for Sierra Madre which are to include showing City and County jurisdictional boundaries and additional dedication areas shall be designed in accordance with the typical section shown on the approved tentative map for approval by the City Engineer and LA County Public Works.
k) Prior to recordation of a Final Tract or Parcel Map, street improvement plans shall be approved by the City Engineer showing the east curb line of Yucca Ridge south of Street C to the southern boundary of Lot 17 to be paved to the center line. 1) Prior to recordation of a Final Tract or Parcel Map, a Storm Water Runoff Management plan including disposition of potential off-site debris flow shall be prepared and submitted for approval by the City Engineer and the County of Los Angeles Floods Control District.
m) Prior to recordation of a Final Tract or Parcel Map, storm drain/flood control infrastructure phasing plan for substantial conformance review and approval by the City Engineer and the Los Angeles Flood Control District. n) Temporary Access Plan for 1326 West Sierra Madre: Prior to the issuance of grading permits or the commencement of any demolition, grubbing and clearing, the subdivider shall prepare a temporary access plan providing access to 1326 East Sierra Madre Avenue during construction in the event permanent access has not been completed in Tract 66609. The plan shall be reviewed and approved by the Los Angeles County Fire Department, the Glendora Police Department and the City Engineer.

Studies
o) Prior to recordation of a Final Tract or Parcel Map, a sewer area study for the proposed subdivision must be prepared by a registered civil engineer and submitted to the City Engineer and Los Angeles County sewer maintenance division for review and approval. The approved sewer area study shall remain valid for two years after its approval. After the designated time period, an updated area study may be required by the City Engineer or LA County Sewer Maintenance Division. p) Prior to submittal of a rough grading plan, a comprehensive hydrology and hydraulics report including a debris-flow analysis shall be prepared by a registered Civil Engineer for the project including any off-site flows following the LA County Public Works guidelines and submitted for the approval by the City Engineer and Los Angeles County Flood Control District.
q) Prior to submittal of a rough grading plan, a comprehensive Geotechnical Report, including, but not limited to, potential liquefaction issues, seismic hazards and fault activity analysis, potential corrective grading criteria and other relevant information and data shall be prepared and submitted for the review and approval by the City Engineer.

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37. Prior to the approval of a final map, the subdivider shall prepare a landscape installation phasing plan. The plan shall be reviewed and approved by staff and follow the development-phasing plan.

38. Prior to the approval of a final map, the subdivider shall provide a landscape exhibit showing landscape areas to be maintained by the home-owners' association. The exhibit shall indicate that all landscaping within the public right-of-way shall be maintained by the HOA, Lettered Lots, the slope between Lots 27-35 and 36-47 shall be included along with the area between the west curb line of Barranca Avenue the east property lines of Lots 48-50 and Lot B, in addition to other areas required by the City for slope maintenance or project landscaping. The areas identified by the approved landscape exhibit shall be included in project CC&Rs.

39. Prior to recordation of a Final Tract or Parcel Map, landscape plans for all common (to be maintained by the Homeowners' Association) slopes 5' feet or higher adjacent to the public right of way or on the back of residential lots shall be designed in accordance with the approved tentative map, landscape standards of the City of Glendora and other applicable agencies for approval by the Planning Director.

40. Prior to the approval of a final map the subdivider shall prepare a project-phasing/ development-phasing infrastructure plan indicating the progression of the development of the site and the general time frames of when the various phases of the site may develop.

The plan shall be reviewed by the City for compliance with the provisions of the specific plan and approved mitigation measures for infrastructure and shall be used as a basis to install project landscaping and walls/ fencing as indicated.

41. The applicant shall implement one of the following: A. Prior to the recordation of a Final Tract or Parcel Map, provide the on-site and off-site drainage system required to drain the Street "C" cul-de-sac as shown on the approved tentative tract map; OR, B. Prior to recordation of a Final Tract or Parcel Map, provide the off-site discharge drainage system shown on the approved tentative tract map or provide and construct an alternate alignment from Basin 2B into the existing storm drain system in Leadora Avenue at Yucca Ridge. In either event, the City shall have the option to convey the system to the County or require the HOA to maintain the system.. In the event an alternate alignment is approved which provides for no discharge to Basin 2B, the discharge connection requirement for Basin 2B shall become null and void. In any event, the off-site drainage system including the water quality/detention basin at the northeast quadrant of Citrus Avenue and the railroad right-of-way as generally shown on Tentative Tract Map 66609 shall be constructed, approved and accepted by the City Council for the City of Glendora and the Board of Supervisors for LA County Flood Control District.

42. Prior to recordation of a Final Tract or Parcel Map, a current (no older than 6 months) title report with all backup documents and all easements plotted shall be submitted for use and review by the City Engineer.

43. Prior to issuance of a certificate of use and occupancy, any existing survey monumentation and centerline ties removed or damaged during construction, shall be replaced by a registered Civil Engineer or Licensed Land Surveyor.

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44. Prior to recordation of a Final Tract or Parcel Map, Easements and a maintenance agreement or CC&Rs for the common area landscape slopes, easements for the drainage facilities and any privately-maintained drainage devices delineated in accordance with the approved tentative map, shall be prepared for approval through the City Engineer's office.

45. Easements which interfere with the implementation of the map in the opinion of the City Engineer shall be quitclaimed or removed by quiet title prior to the approval of a final map.

The following conditions implement the approved Mitigation Monitoring Program and shall be carried out as specified:

Air Quality

46. The project is subject to applicable mitigation measures from the Regional Transportation Plan (See MM-AQ.3-AQ.14 of the RTP EIR and AQ1-AQ4 from the 2007 AQMP EIR which are incorporated herein by reference).

Biological Resources

47. Prior to the approval of the final map, the subdivider shall submit a tree-inventory plan to identify the number of tree inches to be removed. Replacement of trees is required at development. An in-lieu fee may also be provided to the City or the Glendora Conservancy to provide off-site replacement trees if replacement trees cannot be provided on-site. The minimum size tree acceptable for replacement is one-inch diameter.

48. Prior to the commencement of construction the applicant shall retain a qualified biologist to monitor impacts to raptors. The qualifications shall be reviewed and approved by the City. To offset the impacts during initial construction, including grubbing and clearing, the following mitigation measures are required to ensure nesting raptors and songbirds are protected: Removal of vegetation will be limited to time periods outside of the nesting season (February 15-August 15); or, a qualified biologist will be required to be on-site if vegetation is disturbed during nesting season to avoid disturbance to active nests. If any active nests are detected a buffer of 100-300 feet will be required as determined by the monitoring biologist.

49. Prior to the commencement of construction or grubbing and clearing, the developer shall notify the resource agencies of the alterations to the site to determine if the activity must be reviewed by the resource agencies (Section 404, 401, and 1602 authorizations from the USACOE, RWQCB, and CDFG). Impacts to wetlands and waters under the jurisdiction of CDFG and USACOE will need to be identified consistent with protocols for those agencies along with any mitigation required as a result of identified impacts.

The subdivider shall provide evidence of the respective agency's review and approval of the referenced authorizations to the City prior to the commencement of construction or grubbing and clearing.

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Cultural Resources

50. During initial grading, the applicant shall provide archeological monitoring of all grounddisturbing activities. Prior to the commencement of grading the subdivider shall provide the credentials of the monitor to the Department of Planning & Redevelopment.

51. During initial grading Native American monitoring of all ground-disturbing activities by a local Gabrieleno or a rotation of local Gabrelienos. Prior to the commencement of grading the subdivider shall provide the credentials of the monitor to the Department of Planning & Redevelopment.

Geology/Soils

52. Prior to the recordation of the final map, an addendum or update to the project geotechnical review is required to ensure that the requirements of the most current edition of the applicable building codes are followed.

53. Building design and construction shall follow the design recommendations of the geotechnical review.

Hazards and Hazardous Materials

54. Prior to the issuance of a grading permit, or grubbing and clearing, or site-demolition work, an update to the environmental site assessment shall be provided to the City to identify areas of the site which exceed the Department of Toxic Substances Control Standard for arsenic. The subdivider or subsequent developers shall also enter into agreements necessary with Los Angeles County or the Department of Toxic Substances Control to implement a clean-up program of the site which exceedS the background concentration level accepted by the Department of Toxic Substances Control. No permits shall be issued until required remediation activities have been completed and a closure letter (or its equivalent) is issued from the agency with oversight.

55. The subdivider shall obtain coverage under a Construction Activities Storm Water General Permit (2009-0009-DWQ Permit).

56. Consistent with the 1994 Federal Occupational Exposure to Asbestos Standards, a Licensed Asbestos Inspector shall be retained to determine the presence of asbestos and asbestos containing materials (ACMs) within structures to be demolished on the project site. If asbestos is discovered, a Licensed Asbestos Abatement Contractor shall be retained to safely remove all asbestos from the site prior to demolition activities.

57. For existing structures to be demolished on the project site, lead-based paint testing shall be conducted due to the deteriorating condition of many painted surfaces. All materials identified as containing lead shall be removed by a licensed lead-based paint/materials abatement contractor.

58. For demolition of structures and improvements containing asbestos, activities must be consistent with SCAQMD Rule 1403 to limit asbestos emissions from demolition activities.

Resolution No. 2010-46

Item #4. Page 42
Meeting Date: 11/8/2022 / Packet Page #: 77

59. The project is subject to the requirements of AQMD Rule 1166. The subdivider shall consult with AQMD and obtain any approvals needed prior to the commencement of construction. Evidence of compliance with this condition shall be submitted to the Department of Planning & Redevelopment prior to and during construction.

Hydrology/Water Quality

60. Prior to recordation of a Final Tract or Parcel Map, title to 78 acre feet of surface water rights shall be transferred to the City of Glendora in a manner meeting the approval of the City Engineer.

61. Prior to the recordation of the final map, a final hydrology shall be completed and include a study of off-site debris flows. Final hydrology is subject to the review and approval of the City of Glendora and Los Angeles County. If the final hydrology determines that no additional flood control facilities are required beyond those provided for in preliminary hydrology, development of the tract may proceed with the installation of all of the improvements as described below:
• The developer is required to construct off-site facility G-1 and modify the Citrus Basin to its final configuration.
• The storm drain system needed to serve the subdivision, to divert new and existing surface flows into and from the subdivision to facility G-1, shall be installed.

Approvals from the Cities of Azusa and Glendora are required prior to the issuance of any permits to modify the Citrus Basin. The storm drain system needed to serve the subdivision, and to divert new and existing surface flows into and from the subdivision to facility G-1, shall also be installed prior to the issuance of the first occupancy.

In the event the final hydrology study identifies that any part of the site is subject to flooding or debris flows, the developer shall install facilities required to mitigate the threat as deemed necessary by the final hydrology study that do not alter the master development plan. Possible solutions include:
• A linear debris retention facility across the width of the project site south of Sierra Madre Avenue to intercept and detain the volume of debris identified by the final hydrology study. In implementing this mitigation, the final hydrology study must exhibit to L.A. County's satisfaction that the debris retention facility avoids the accumulation of sediment on the County's portion of the Sierra Madre Avenue right-of-way or diversion of debris and mudflow to downstream property owners.
• Construction of a "debris wall" on the project site south of Sierra Madre Avenue and outside of the public right-of-way and within the project site which captures the volume of debris identified by the final hydrology study. In implementing this mitigation, the final hydrology study must exhibit to L.A.

County's satisfaction that the debris wall avoids the accumulation of sediment on the County's portion of the Sierra Madre Avenue right-of-way or diversion of debris and mudflow to downstream property owners.

Resolution No. 2010-46 Page 12 of 15
Item #4. Page 43
Meeting Date: 11/8/2022 / Packet Page #: 78
• One or more debris retention facilities on the project site that intercept and detain the volume of debris identified by the final hydrology study. In implementing this mitigation, the final hydrology study must exhibit to L.A.

County's satisfaction that the debris retention facility properly collects sediment and avoids the accumulation of sediment on the County's portion of the Sierra Madre Avenue right-of-way or diversion of debris and mudflow to downstream property owners.

Construction of an off-site debris basin to mitigate any debris flow could also satisfy this condition.

In implementing the possible alternatives, standards and principles of the L.A. County Sedimentation Manual, Hydrology Manual and Design Manual for Debris Dams and Basins shall be used. Mitigation is also subject to the review and approval of the City Engineer.

Noise

62. Prior to the commencement of construction or grubbing and clearing, the developer shall submit a development-phasing plan to the City for review and approval as development progresses. The plan shall identify the order of the build-out of lots to the extent known at the time of plan submittal and general time frames as to when construction would commence.

63. The delivery of materials and equipment and the outdoor use of equipment, hammers, and power tools shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, with no work allowed on Saturdays, Sundays, or Federal holidays, with the exception of interior work. Outdoor yard work is permitted as long as it does not involve heavy equipment or noise-producing equipment.

64. Prior to the commencement of construction or grubbing and clearing, the construction contractor shall send written notifications of the construction schedule to residences within 500 feet of the construction areas. The construction contractor will designate a noise disturbance coordinator who will be responsible for responding to complaints regarding construction noise. The coordinator will determine the cause of the complaint and will ensure that reasonable measures are implemented to correct the problem. A contact telephone number for the noise disturbance coordinator will be conspicuously posted on construction site fences and will be included in the written notification of the construction schedule sent to nearby residents and staff. Evidence of compliance with this condition shall be provided to the City prior to and throughout construction.

65. During all site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards.

66. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors.

Resolution No. 2010-46 Page 13 of 15
Item #4. Page 44
Meeting Date: 11/8/2022 / Packet Page #: 79
City endora, California
BY:

KEN HERMAN, Mayor
0 D. WAYNE LE H, City Attorney

67. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest to the project site.

Transportation/Traffic

68. Prior to the recordation of a final map, the subdivider shall obtain approval of a striping plan from L.A. County to ensure appropriate lane transitions and striping are provided for new street improvements associated with the development and the County's Sierra Madre Improvement Project. Approved striping shall be installed prior to the issuance of the first project occupancy in Vesting Tentative Tract Map 66608 or a cash deposit may be paid to the City in lieu of the completion of the improvement in the event the County project is not ready to proceed. In such an event the City and County shall collaborate on an interim striping plan to provide adequate lane transitions and configurations to eliminate the potential for any unsafe conditions.

69. Temporary access shall be maintained at all times to 1326 Sierra Madre Avenue until permanent access is constructed. Any changes to the proposed access must be reviewed and approved by the City Engineer and the L.A. County Fire Department. Notice shall be provided to the resident of any changes to the access 30-days prior to any change in the access.

70. Prior to the approval of the final map, the subdivider shall provide evidence to the City Engineer that fair-share traffic fees have been paid to the County.

SECTION 4. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution.

APPROVED and PASSED this 14` 11day of December, 2010.

APPROVED AS TO FORM:

Resolution No. 2010-46

Item #4. Page 45
Meeting Date: 11/8/2022 / Packet Page #: 80
HLEEN . SESSMAN, City Clerk
I, Kathleen R. Sessman, City Clerk of the City of Glendora, California, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a Regular Meeting held on the 14th day of December, 2010, by the following vote:

AYES: COUNCIL MEMBERS: Davis, Kent, Murabito, Tessitor, and Herman NOES:

COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS:

None
Dated: December 15, 2010
Resolution No. 2010-46 Page 15 of 15
Item #4. Page 46
Meeting Date: 11/8/2022 / Packet Page #: 81
ORDINANCE 1965

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

GLENDORA, CALIFORNIA, TO AMEND THE GLENDORA MUNICIPAL
CODE, TITLE 21 ZONING, CHAPTER 21.13 MONROVIA NURSERY

SPECIFIC PLAN TO INCORPORATE TECHNICAL CHANGES

RELATIVE TO PAD ELEVATIONS, DRAINAGE FACILITIES AND
RETAINING WALLS (ZA12-02)

THE CITY COUNCIL
City of Glendora, California

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY
ORDAIN AS FOLLOWS:

WHEREAS, the City Council approved the Monrovia Nursery Specific Plan on December 14, 2010; and
WHEREAS, the City Council adopted a Mitigated Negative Declaration for the Monrovia Nursery Specific Plan on December 14, 2010; and WHEREAS, the City Council adopted an Addendum to the adopted Mitigated Negative Declaration as authorized by the California Environmental Quality Act on December 13, 2011; and
WHEREAS, the City Council of the City of Glendora adopted a revised addendum to the previously adopted mitigated negative declaration at their meeting of September 25, 2012; and WHEREAS, the City has received new information regarding certain technical aspects including elevation benchmark datum points, hydrology and grading as part of implementation of the Monrovia Nursery Specific Plan; and
WHEREAS, Section 21.01.050 of the Glendora Municipal Code establishes procedures for amending the zoning code section of the Glendora Municipal Code; and WHEREAS, the Planning Commission of the City of Glendora recommended approval of Zone Amendment (ZA12-02) to the City Council at a public hearing on September 4, 2012 after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the written recommendation of the Planning Department staff of the City of Glendora; and
WHEREAS, a public hearing was held by the City Council of the City of Glendora on October 9, 2012, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the recommendation of the Planning Commission of the City of Glendora.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Item #4. Page 47
Meeting Date: 11/8/2022 / Packet Page #: 82
SECTION 1. The City Council hereby affirms that the Revised Addendum for the previously adopted Mitigated Negative Declaration, which revised addendum was adopted by the City Council at their meeting of September 25, 2012, incorporates and addresses all CEQA issues related to this action based on findings pursuant to Section 15162 of the California Code of Regulations, Title 14, Chapter 3, CEQA Guidelines.

SECTION 2. The City Council hereby approves amendments to the Glendora Municipal Code Title 21 Zoning, Chapter 21.13 Monrovia Nursery Specific Plan as follows:

I. Figure 17: Grading Plan is deleted in its entirety.

2. A new Figure 17: Grading Plan is added as shown in Exhibit A which is attached to and made a part thereof this ordinance.

3. Figure 18: North Cross Sections "A-A," "B-B" is deleted in its entirety.

4. A new Figure 18: North Cross Sections "A-A," "B-B" is added as shown in Exhibit B which is attached to and made a part thereof this ordinance.

5. Figure 19: North Cross Sections "C-C," "D-D," "E-E" is deleted in its entirety.

6. A new Figure 19: South Cross Sections "C-C," "D-D," "E-E is added as shown in Exhibit C which is attached to and made a part thereof this ordinance.

7. Figure 29: One-Story Exhibit is deleted in its entirety.

8. A new Figure 29: One-Story Exhibit is added as shown in Exhibit D which is attached to and made a part thereof this ordinance.

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Glendora hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 4. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

PASSED, APPROVED and ADOPTED this 23" day of October, 2012.

City Council of Glendora, California
GENE MURABITO, Mayor
Ordinance 1965 Page 2 of 7
Item #4. Page 48
Meeting Date: 11/8/2022 / Packet Page #: 83
KATHL
rWl
'N R. SESSMAN, City Clerk
v
APPROVED AS TO FORM:
cv4>---
D. WAYNE LEECI-I, City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the on the 9 thday of October, 2012, by the following roll call vote:

AYES: COUNCIL MEMBERS:

Davis, Nelson, Tessitor and Murabito
NOES: COUNCIL MEMBERS: Santoro
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 23 dday of October, 2012, by the following roll call vote:

AYES: COUNCIL MEMBERS: Davis, Nelson, Santoro, and Murabito NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Tessitor
ABSTAIN: COUNCIL MEMBERS: None
I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the P tday of November, 2012.

Dated: October 24, 2012
Ordinance 1965 Page 3 of 7
Item #4. Page 49
Meeting Date: 11/8/2022 / Packet Page #: 84
Figure 17: Grading Plan EXHIBIT A
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Ordinance 1965 Page 4 of 7
Item #4. Page 50
Meeting Date: 11/8/2022 / Packet Page #: 85
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Figure 18: North Cross Sections "A-A," "B-B" EXHIBIT B
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Cross Section B-B (Looking East) PROPOSED 2:1

LANDSCAPE SLOPE
(TO MATCH EXISTING)
Item #4. Page 51
Meeting Date: 11/8/2022 / Packet Page #: 86

RESIDENTIAL
1– DOSINGGRADE

PROPOSED GRACE
1--PROJECT BOUNDARY
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Figure 19: South Cross Sections "C-C," "DD," "E-E"

EXHIBIT C
Cross Section C-C
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4w,
Cross Section D-D
Not to Scale
Cross Section E-E
Not to Scale
Ordinance 1965

Item #4. Page 52
Meeting Date: 11/8/2022 / Packet Page #: 87
Figure 29: One-Story Exhibit EXHIBIT D
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Ordinance 1965 Page 7 of 7
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Item #4. Page 53
Meeting Date: 11/8/2022 / Packet Page #: 88
RESOLUTION CC 2012-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDORA FOR ADOPTION OF A DEVELOPMENT PLAN REVIEW

FOR TWO STORY RESIDENTIAL CONSTRUCTION AND

CONSTRUCTION PHASING FOR THE CITY VENTURES MONROVIA

NURSERY SPECIFIC PLAN DEVELOPMENT ON CERTAIN

PROPERTY LOCATED BETWEEN SIERRA MADRE AVENUE AND

THE RAILROAD RIGHT OF WAY AND BETWEEN THE
GLENDORA/AZUSA CITY BOUNDARY AND BARRANCA AVENUE.
(DPR12-01).

THE CITY COUNCIL
City of Glendora, California

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY
RESOLVE AS FOLLOWS:

WHEREAS, the City Council has adopted the Monrovia Nursery Specific Plan to provide guidance and standards for future development of the vacated Monrovia Nursery property located between Sierra Madre Avenue and the Metro Railroad Right of way and between the Azusa-Glendora City boundary and Barranca Avenue (Glendora Monrovia Nursery property); and
WHEREAS, the applicants, CV Glendora 3, LLC. (City Ventures) have submitted an application for development plan review approval for two story new residential construction and project phasing for the Glendora Monrovia Nursery property pursuant to Section 21.13.410.0 of the Glendora Municipal Code (The Monrovia Nursery Specific Plan); and WHEREAS, the City Council of the City of Glendora adopted a mitigated negative declaration for the Monrovia Nursery Specific Plan and Tentative Tract Map 66608 and Tentative Tract Map 66609 at their public hearing of December 14, 2010; and WHEREAS, the City Council of the City of Glendora adopted an addendum to the adopted mitigated negative declaration to expand the area to be annexed from Los Angeles County as part of the development of the Glendora Monrovia Nursery property at a public hearing held on December 13, 2011; and
WHEREAS, the City Council of the City of Glendora adopted a revised addendum to the previously adopted mitigated negative declaration at their meeting of September 25, 2012; and WHEREAS, the Planning Commission of the City of Glendora recommended approval of a development plan review to allow two story construction and construction phasing for the new residential housing project located on the Glendora Monrovia Nursery property to the City Council at a public hearing on September 4, 2012 after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the written recommendation of the Planning Department staff of the City of Glendora; and Item #4. Page 54
Meeting Date: 11/8/2022 / Packet Page #: 89
WHEREAS, a public hearing was held by the City Council of the City of Glendora on October 9, 2012 , after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the recommendation of the Planning Commission of the City of Glendora.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby affirms that the Revised Addendum for the previously adopted Mitigated Negative Declaration, which revised addendum was adopted by the City Council at their meeting of September 25, 2012, incorporates and addresses all CEQA issues related to this action based on findings pursuant to Section 15162 of the California Code of Regulations, Title 14, Chapter 3, CEQA Guidelines.

SECTION 2. The City Council hereby makes findings with facts, which findings with facts are hereby set forth in full:

FINDINGS Development Plan Review (DPR12-01):

1. The use is authorized by development plan review pursuant to the Zoning Code.

FACT: Approval of a development plan review to allow second story construction is authorized pursuant to Section 21.13.410.0 and Section 21.02.040 of the Glendora Municipal Code.

Approval of construction phasing is authorized pursuant to Section 21.13.410.0 of the Glendora Municipal Code.

2. The use is consistent with the General Plan and other applicable plans.

FACT: The subject property is zoned Monrovia Nursery Specific Plan with a General Plan land use designation of Low Density Residential (1.1 — 3 dwelling units per acre). The project proposes a single family residential density of approximately 0.8 dwelling units an acre which does not exceed the maximum allowable land use density. The project proposes minimum lot sizes of 20,000+ square feet which is consistent with the Monrovia Nursery Specific Plan. A zone amendment is recommended to make minor technical changes to the Monrovia Nursery Specific Plan to change the benchmark elevation datum, and to make minor adjustments to the pad elevations of 8 lots of TTM 66608. The Specific Plan is also proposed to be modified to allow some stepped retaining walls rather than tall 2:1 manufactured slopes for lots 8, 9, 10, 12, 17, 18, 19, 20, and 21of TTM 66608. TTM 66608 would also be modified to incorporate a debris basin and debris flow channel as required by hydrology reports and LA County Flood Control staff TTM 66609 would be adjusted to incorporate a double cul-de-sac for Milton Drive, one of the alternatives identified in the Monrovia Nursery Specific Plan. A condition is recommended to make approval of Development Plan Review (DPR12-02) contingent upon approval of Zone Amendment (ZA 12-01) to address these code modifications.

Resolution CC 2012-62 Page 2 of 10
Item #4. Page 55
Meeting Date: 11/8/2022 / Packet Page #: 90

3. The site can accommodate the development standards of this title or as is otherwise required.

FACT: The applicants have proposed to construct 121 single family residential homes on 20,000+ square foot lots with all street access and public utility systems consistent with the Monrovia Nursery Specific Plan. Conditions of approval for the original tentative tract maps and modifications, and this development plan review identify infrastructure improvements to accommodate the proposed 121 single family homes. See discussion in Fact 2 for modifications proposed for the Monrovia Nursery Specific Plan to address minor changes to accommodate the development. A condition is recommended to make approval of Development Plan Review (DPR12-01) contingent upon approval of Zone Amendment (ZA12-02) to address the code modifications.

4. The site is adequately served by streets, utilities and other services, facilities and improvements.

FACT: The applicants have proposed tentative tract maps 66608 and 66609 including the provision of all necessary streets and public utility systems and storm drainage systems to accommodate the development. All residential development shall be served by new private streets which meet City street standards. The applicant, City Ventures, is required to provide all utilities including gas, electricity, sewer, and storm drainage systems for each lot of the proposed Glendora Monrovia Nursery Project. Existing utilities are available for connection including Southern California Edison, The Gas Company, Verizon phone system, Glendora and Los Angeles Sanitation Services sewer system, and Los Angeles County storm drainage system.

Trash collection and recycling services is provided by the exclusive franchise agreement between the City and Athens Services.

5. The use will not adversely affect the character and integrity of the area, the utility and value of properties in the area, and the health, safety and welfare of the public.

FACT: The proposed second story development is consistent with the Monrovia Nursery Specific Plan which incorporated standards and guidelines to preserve the character and integrity of the area and the utility and value of properties in the area. The proposed phasing is conditioned to require all infrastructures, storm drain systems and street improvements shall be installed prior to initiation of building construction. All construction must receive building permit and engineering permit approval. These requirements will insure that the health, safety and welfare of the public are protected.

SECTION 3. The City Council hereby approves a development plan review to allow new two story construction and project construction phasing on certain property known as the Glendora Monrovia Nursery property between Sierra Madre Avenue and the Metro Railroad right of way and the Glendora/Azusa city boundary and Barranca Avenue, subject to the following conditions.

Conditions: DPR 12-01; Modification TTM 66608; and Modification TTM 66609 Standard Conditions

1. Development Plan Review (DPR12-01) allows for the construction of two story homes in substantial conformance with EXHIBIT "DPR12-01, Modification SUB10-01; and Modification SUB10-02" Dated August 27, 2012 as modified by these conditions.

Resolution CC 2012-62 Page 3 of 10
Item #4. Page 56
Meeting Date: 11/8/2022 / Packet Page #: 91

2. Development Plan Review (DPR12-01) allows for construction phasing for the Monrovia Nursery development as provided by these conditions of approval.

3. All conditions adopted by the City Council in Resolution 2010-46 for Tentative Tract Map 66608 and Resolution 2010-47 for Tentative Tract Map 66609 shall remain in full force and effect except as modified by these conditions.

4. The approval of Development Plan Review (DPR12-01) shall be contingent upon the approval of Zone Amendment (12-02).

5. The approval of Modification Subdivision (SUB10-01) for TTM 66608 shall be contingent upon the approval of Development Plan Review (DPR12-01) and Zone Amendment (ZA12- 02).

6. The approval of Modification Subdivision (SUB10-01) for TTM 66609 shall be contingent upon the approval of Development Plan Review (DPR12-01) and Zone Amendment (ZA12- 02).

7. Approval for Subdivision (SUB 10-01) for Tentative Tract Map No. 66608 shall be extended one year to expire on December 14, 2013, unless the Council approves the final map during that time period or unless the applicant requests an extension in writing to the Department of Planning and Redevelopment as authorized by the Subdivision Map Act prior to the expiration date. The request for extension must receive a recommendation from the Planning Commission and be approved by the City Council.

8. Approval for Subdivision (SUB10-02) for Tentative Tract Map No. 66609 shall be extended one year to expire on December 14, 2013, unless the Council approves the final map during that time period or unless the applicant requests an extension in writing to the Department of Planning and Redevelopment as authorized by the Subdivision Map Act prior to the expiration date. The request for extension must receive a recommendation from the Planning Commission and be approved by the City Council.

9. The City shall retain the right and the jurisdiction to review Development Plan Review (DPR12-01) in the event the use conducted herein is modified, changed in scope, or the owner or operator seeks to expand, alter, reconfigure, or change the use. This reservation of the right of review is in addition to, and not in lieu of, the right of the City to review and revoke Development Plan Review (DPR12-01) or to modify the permit for any violation of the conditions imposed.

10. Construction shall commence within 18 months of recordation of Final Maps for TTM 66608 and TTM 66609 as approved by the City Council and shall be carried on diligently to completion.

11. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES).

12. The applicant shall comply with the Americans with Disabilities Act (ADA) prior to issuance of building permits.

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13. The applicant shall comply with all applicable requirements of the City, County, State, and other responsible agencies.

14. The approval of this permit shall be contingent on approval by the Los Angeles County Fire Department. Any changes resulting from requirements of the Los Angeles County Fire Department shall be submitted to the Department of Planning and Redevelopment for review and approval prior to the commencement of construction.

15. The applicant shall sign a Height Certification form stating their awareness of the maximum height limit of 25 feet for a single family dwelling and return the form to the Department of Planning and Redevelopment prior to the issuance of building permits.

16. At least two weeks prior to the proposed start of construction activity, including but not limited to clearing, demolition, grading, or the delivery of soils, equipment, or materials, the applicant shall mail or deliver written notice to all residents and businesses within 500 feet of the project site. The notice shall include a brief description of the project, the anticipated construction schedule, the City-imposed limits on hours of construction, and the name, phone number, and email of a representative of the applicant that the public can contact with any questions, concerns, or complaints about construction activity related to the project. The notice shall be approved by the Planning Department prior to mailing/delivery. The applicant shall provide a monthly report to the Planning Department regarding all complaints received during the prior month and what corrective action was taken to address each complaint, if applicable. If there are any substantive changes in the project schedule or scope of work, or a change in the contact name or information, the applicant shall immediately provide an updated notice in the manner described above.

17. Prior to the proposed start of construction activity, including but not limited to clearing, demolition, grading, or the delivery of soils, equipment, or materials, the applicant shall post signs on the project site in locations that are readily visible from all public rights-ofway. The dimensions and construction of the signs shall be consistent with the requirements for a large posted sign per Glendora Municipal Code Section 21.01.030. The signs shall include the project name or brief description, the anticipated construction schedule, the Cityimposed limits on hours of construction, and the name, phone number, and email of a representative of the applicant that the public can contact with any questions, concerns, or complaints about construction activity related to the project. The sign copy shall be approved by the Planning Department prior to posting. Building permits for the signs are required. If there are any substantive changes in the project schedule or scope of work, or a change in the contact name or information, the applicant shall immediately update the content of the sign. The sign shall remain posted on the subject property until all construction activity has concluded, including but not limited to landscaping and irrigation.

18. The applicants shall make improvements necessary to ensure that the City is in compliance with the Congestion Management Plan (CMP) Deficiency Plan. In ensuring compliance, the applicants must provide improvements as described in the Countywide Deficiency Plan Toolbox of Strategies or other means approved by the Metropolitan Transit Authority (MTA), and as approved by the Departments of Public Works and Planning and Redevelopment. In implementing this condition, the applicant is not permitted to rely on credits generated by improvements not provided by the applicant.

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19. The delivery of materials and equipment and the outdoor use of equipment, hammers, and power tools shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, with no work allowed on Saturdays, Sundays, or Federal holidays with the exception of interior work. Outdoor yard work is permitted as long as it does not involve heavy equipment or noise producing equipment.

20. The applicants shall comply with the colors and materials boards as approved by the City Council for DPR 12-01 and as revised by conditions of approval. All plans submitted for plan check shall reference the approved colors and materials. Approved colors and materials shall be installed prior to final occupancy for any building or landscape improvements.

21. The applicants shall comply with the approved perimeter wall/fence plan as approved by the City Council for DPR 12-01 as modified by conditions. The applicants shall obtain building permits for the approved fence/wall plans which shall be installed prior to occupancy of any construction phase and as described by these conditions.

22. A public areas street and landscape lighting plan shall be submitted to the Department of Planning and Department of Public Works for review and approval prior to the issuance of building permits. Street lighting shall be designed to reflect the design character outlined in the Monrovia Nursery Specific Plan and the approved architecture for the project. The approved lighting shall be installed prior to final occupancy following the phasing schedule.

23. A Waste Management Plan shall be submitted to the Department of Planning and Redevelopment for review and approval prior to issuance of any permits in compliance with the City's Construction and Demolition Ordinance No. 1811. The approved Waste Management Plan shall be implemented upon start of demolition, grading and construction and maintained throughout the project until final approval of the last unit. The City may review and amend the plan as needed. Guidelines are available from the recycling coordinator.

24. The City shall have the right of entry to inspect the premises to verify compliance with the conditions of approval and the Glendora Municipal Code.

25. The property owner shall pay the costs of any code enforcement activities, including attorney's fees, resulting from the violation of any conditions of approval or any provision of the Glendora Municipal Code.

26. Any violation of the Zoning Ordinance or any entitlement granted is considered a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) and/or by imprisonment in the County jail for a period not exceed six (6) months. Each day or portion of a day during which any violation of the Zoning Ordinance occurs or continues constitutes a separate offense and shall be punishable as provided.

27. The applicant shall sign a statement indicating agreement with and acceptance of the adopted conditions of approval prior to issuance of permits and commencement of use. The signed statement shall be returned to the Department of Planning & Redevelopment prior to the commencement of construction.

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28. The applicant agrees as a condition of issuance of this entitlement to indemnify, protect, defend, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") arising out of or in any way relating to the issuance of this entitlement, any actions taken by the City related to this entitlement or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 el seg., for this entitlement and related actions.

Project Specific Conditions

29. The applicant shall submit landscape and irrigation plans for all public area landscape to the Plarming Department for review and approval based on the approved conceptual landscape plans approved by the City Council and as modified by conditions. A water efficient landscape application package shall accompany the submittal of the landscape and irrigation plans submitted to the Planning Department as required by the State Water Conservation in Landscaping Act (AB1881). Approved landscaping and irrigation shall be installed following the project phasing schedule listed in these conditions.

The applicant shall either (1) install landscaping for all front yard and steep slope and stepped retaining wall slopes on the privately owned lots as part of the landscape and irrigation plans submitted for City review and approval; or (2) include language in the CC&R's and Purchase and Sale Agreements to require each home owner to install front yard and any steep slope and stepped retaining wall landscaping within six months of close of escrow. The CC&R's shall require the homeowner to follow landscape guidelines outlined in the Monrovia Nursery Specific Plan and stepped retaining wall concepts approved by the Council. The CC&R's shall require all homeowner installed landscaping to submit a Water Efficient Landscape Plan application to the Planning Department for review and approval prior to installation of any landscape or irrigation.

The applicant shall provide landscape, irrigation and fencing plans for the detention basin in Tract 66609 and the debris basin in Tract 66608 to the Planning Department and LA County for review and approval prior to issuance of any building permits. Approved landscape, irrigation and fencing shall be installed prior to final approval for those improvements.

The wrought iron metal fence plans provided for the project indicate some fencing with decorative pilasters at 150 foot spacing and some fencing with no pilasters. In order to provide more continuity within the project, staff recommends that the applicant reduce the 150 foot spacing of pilasters along Sierra Madre Avenue to not less than 50 feet apart and require other wrought iron fencing for the project to incorporate decorative pilasters at minimum 30 feet apart for single family lots, detention basins and the west property line gap fencing.

30. The applicants shall work with staff to provide screening and a camouflage design consistent with LA County requirements for the debris flow channel identified for Tract 66608 prior to issuance of any permits for the debris basin. The approved design shall be installed as part of the construction of the debris basin for TTM 66608.

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31. The applicant proposes the following lots to be constructed with a Floor Area Ratio of 35 percent. These lots cannot add additional covered living area unless either a minor modification is granted or existing living area is reduced.

TTM 66608 lots TTM 66609 lots
28 .37
30 39
42 40
43 42
45 43
46 44
51 52
54 32. Construction Phasing Schedule. The following construction phasing schedules shall be followed unless a change is requested in writing and approved by the Planning Director:

Grading and Road Construction
No grading or road construction permits shall be issued until approval has been received from the City and LA County for final hydrological studies for TTM 66608 and 66609 and all toxic materials have been removed and all necessary clearance for the site has been provided by the State Department of Toxic Substance Control (DTSC).

Off-site improvements
Off-site improvements including all streets, public utilities and storm drain systems shall be installed for both TIM 66608 and TIM 66609 prior to issuance of any building permits for the Tracts 66608 and 66609 or as approved by the City Engineer. This condition excludes permits for the model homes as part of TTM 66609. This exclusion does not exclude the requirement to receive DTSC clearance for toxic material removal/remediation prior to construction of model homes.

Home construction phasing
North, Tentative Tract 66608
Phase 1
Phase 2
Phase 3
Phase 4
Phase 5
Phase 6
Phase 7
Phase 8
Lots 42 through 47
Lots 37 through 41
Lots 24 through 29
Lots 21 through 23 and Lots 30 through 33
Lots 18 through 20 and Lots 34 through 36
Lots 13 through 17
Lots 7 through 11
Lots 1 through 6
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South, Tentative Tract 66609
Model Phase
Phase 1
Phase 2
Phase 3
Phase 4
Phase 5
Phase 6
Phase 7
Phase 8
Phase 9
Lots 5 through 9
Lots 57 through 60 and Lots 66 through 69
Lots 53 through 56 and Lots 70 through 74
Lots 43 through 48
Lots 39 through 42 and Lots 53 through 56
Lots 20 through 25
Lots 10 through 15
Lots 29 through 38
Lots 1 through 4 and Lots 26 through 28
Lots 61 through 65
Landscape installation phasing

1. All approved landscape and irrigation and amenities for the linear park shall be installed prior to final occupancy for Phase 3 of Tract 66609.

2. All street entry landscape for the project entries for Tract 66608 on Barranca Avenue and Sierra Madre Avenue and Tract 66609 on Barranca Avenue shall be installed prior to final occupancy for phase 1 for each Tract.

3. All new street landscape and irrigation improvements shall be installed prior to final occupancy for the final phase of each Tract. If the developer proposes to install front yard and steep slope landscaping on private lots, these landscape improvements must be installed prior to final occupancy for each phase. If the developer wishes to allow home owners to install front yard landscaping, the developer shall incorporate language into the CC&R's and purchase and sale agreements to require installation of City approved front yard landscaping within 6 months of close of escrow.

4. All landscaping including planting and fencing of the detention basing for TTM 66609 shall be installed prior to final approval for these improvements.

5. All landscaping including planting and fencing of the debris basin and debris flow channel for TTM 66608 shall be installed prior to final approval for these improvements.

6. All landscaping along Sierra Madre Avenue and the slope below Sierra Madre Avenue shall be installed prior to final occupancy of Phase 3 of Tract 66608.

7. All approved perimeter walls and fencing for individual lots shall be completed prior to final occupancy for each Phase in both tracts.

8. The fence/wall gap along the west side of the project in the vicinity of the Fairmount Cemetery shall be installed along the project western boundary between lots 66, 64 and 65 of Tract 66609 prior to final occupancy of Phase 5 of Tract 66609. The applicant shall obtain City approval for perimeter fence/wall gap design prior to issuance of permits for the work.

9. Fairmount Cemetery perimeter landscape, fencing and retaining wall/buttressing The applicant shall ensure installation of all perimeter landscape and irrigation, cemetery fencing and cemetery retaining walls and buttressing prior to final occupancy approval of Phase 5 of Tract 66609. All proposed improvements shall receive grading and building permit approval from the City of Glendora and design approval from the Fairmount Cemetery Board of Trustees prior to issuance of permits for the work.

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D
Davis, Nelson, Tessitor and Murabito.

Santoro.

None.

None.

KA(11111:::11:111‘. ;Clerk

10. Fairmount Cemetery Monument Sign
The applicant shall install a monument sign for the Cemetery as part of Phase 1 of Tract 66609. The monument sign shall not exceed 50 square feet in area. Exact location and design of the monument sign shall be approved by the City and Fairmount Cemetery Board prior to issuance of building permits for the sign. Total cost for the monument sign is expected not to exceed $10,000.00. If the applicant and the Fairmount Cemetery Board cannot agree on the design of the monument sign, the applicant shall provide the Fairmount Cemetery Board with a check for $10,000 to cover the cost of the monument sign.

33. The CC&R's prepared for the project shall incorporate language to require the Home Owners Association to maintain the drainage swales located on Lots 8, 9, 12, 17, 18, 19, 20, and 21 and lots 27 through 47 of Tract 66608.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 9thday of October, 2012.

City Council of Glendora, California
BY:

OENE MURABITO, Mayor
APPROVED AS TO FORM:

D. WAYNE LEECH, City Attorney
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the 9thday of October, 2012, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

Dated: October 10, 2012
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RESOLUTION CC 2012-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDORA APPROVING MINOR TECHNICAL CHANGES AND A

ONE YEAR TIME EXTENSIION TO A NEW EXPIRATION DATE OF
DECEMBER 14, 2013 FOR TENTATIVE TRACT MAP NO. 66608 ON

CERTAIN PROPERTY LOCATED BETWEEN SIERRA MADRE

AVENUE AND THE RAILROAD RIGHT OF WAY AND BETWEEN THE
GLENDORA/AZUSA CITY BOUNDARY AND BARRANCA AVENUE.
(Modification SUB10-01).

THE CITY COUNCIL
City of Glendora, California

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY
RESOLVE AS FOLLOWS:

WHEREAS, the City Council has adopted the Monrovia Nursery Specific Plan to provide guidance and standards for future development of the vacated Monrovia Nursery property located between Sierra Madre Avenue and the Metro Railroad Right of way and between the Azusa-Glendora City boundary and Barranca Avenue (Glendora Monrovia Nursery property); and
WHEREAS, the applicants, CV Glendora 3, LLC. (City Ventures) have submitted an application to allow the modification of Subdivision (SUB 10-01) for Tentative Tract Map 66608 for minor technical changes relative to elevations, retaining walls and lot configurations, and a one year time extension for the Glendora Monrovia Nursery property pursuant to Title 20 of the Glendora Municipal Code and Government Code Section 66452.6; and WHEREAS, the City Council of the City of Glendora adopted a mitigated negative declaration for the Monrovia Nursery Specific Plan and Tentative Tract Map 66608 and Tentative Tract Map 66609 at their public hearing of December 14, 2010; and 'WHEREAS, the City Council of the City of Glendora adopted an addendum to the adopted mitigated negative declaration to expand the area to be annexed from Los Angeles County as part of the development of the Glendora Monrovia Nursery property at a public hearing held on December 13, 2011; and
WHEREAS, the City Council of the City of Glendora adopted a revised addendum to the previously adopted mitigated negative declaration at their meeting of September 25, 2012; and WHEREAS, the Planning Commission of the City of Glendora recommended approval of the modification of Subdivision (SUB10-01) for Tentative Tract Map 66608 and a one year time extension to a new expiration date of December 14, 2013 to the City Council at a public hearing on September 4, 2012 after due notice was give as required by law, at which time oral and documentary evidence was introduced along with the written recommendation of the Planning Department staff of the City of Glendora; and
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WHEREAS, a public hearing was held by the City Council of the City of Glendora on October 9, 2012 , after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the recommendation of the Planning Commission of the City of Glendora.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby affirms that the Revised Addendum for the previously adopted Mitigated Negative Declaration, which revised addendum was adopted by the City Council at their meeting of September 25, 2012, incorporates and addresses all CEQA issues related to this action based on findings pursuant to Section 15162 of the California Code of Regulations, Title 14, Chapter 3, CEQA Guidelines.

SECTION 2. The City Council hereby makes findings with facts, which findings with facts are hereby set forth in full:

FINDINGS Modification Subdivision (SUB10-01) for Tentative Tract Map 66608:

1. The proposed modifications to the tentative tract map are consistent with applicable general and specific plans.

FACT: Tentative Tract Map No. 66608 was approved by the City Council on December 14, 2010. The applicant is requesting approval for minor technical changes to the tentative map to address updating the elevation benchmark datum, reconfiguration of some lots and use of stepped retaining walls to allow more usable pad areas. These changes do not impact the intent of the Monrovia Nursery Specific Plan to ensure the preservation of character and views for the surrounding existing neighborhoods. The map is also revised to address flooding concerns identified in required hydrology studies and as required by the Los Angeles County Flood Control District. The hydrology changes were identified as potential design options in the Monrovia Nursery Specific Plan. These minor changes also required an amendment to the Monrovia Nursery Specific Plan (ZA12-01). A condition is recommended to make approval of the modification of Subdivision (SUB10-01) for Tentative Tract Map 66608 contingent upon approval of Zone Amendment (ZA12-01). With the amendment to the Specific Plan, the proposed minor changes to the tentative tract map will be consistent with the Specific Plan and the General Plan.

2. The design or improvement of the proposed subdivision map is consistent with applicable general or specific plans.

FACT: The Monrovia Nursery Specific Plan provides detailed direction for site design, lot layout, infrastructure requirements, street layout, grading scheme, street cross sections, and open space. Tentative Tract Map 66608 is consistent with the Specific Plan in all major respects.

However, new technical information on more current elevation benchmark datum points has been recommended which requires revisions to the Specific Plan pad elevations. These changes do not change the relative elevations between proposed pads and surrounding developed properties. The applicant has requested increasing the elevations for eight lots over the allowed 1 foot change allowed by the Specific Plan. The changes are minor, ranging from 1.1 feet to 3.5 feet which will not create any significant visual change to the overall elevation layout. Indeed, Resolution CC 2012-63 Page 2 of 11
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many of the pads are proposed to be lower than the Specific Plan provides which will reduce impacts to the surrounding neighborhoods. •The technical changes also include the addition of stepped retaining walls rather than steep slopes identified in the Specific Plan and the minor adjustment in lot configuration for some of the lots which does not significantly impact pad elevations. The Tentative Tract Map is also being revised to reflect the results of hydrological studies and Los Angeles County Flood Control regarding installation of a debris basin and debris flow channel on the south side of Sierra Madre Avenue. This change was anticipated as a possibility in the Specific Plan. These changes are reflected in the modified TTM 66608 and also in the proposed zone amendment for the Monrovia Nursery Specific Plan. A condition is recommended to make approval of Modification Subdivision (SUB10-01) for TTM 66608 contingent upon approval of Zone Amendment (ZA12-02).

3. The site is physically suitable for the type of development.

FACT: Studies prepared for the Monrovia Nursery Specific Plan and original TTM 66608 provide detailed discussion of the improvements required to ensure the health and safety of residents in the future proposed development. Undesirable characteristics of the land include possible flood hazard, unsuitable soils, hazardous materials in the soil and inclusion of the site in a high fire hazard severity zone. Conditions of approval for the original SUB10-01 for TTM 66608 will remain in effect along with mitigation measures identified in the mitigated negative declaration adopted for the project. These conditions and mitigations require full exploration of these possible hazards prior to the recordation of the amp. Adequate conditions and mitigation measures are in place to protect development of the site against these potential hazards. These include completion of a final hydrology study and runoff management plan with debris flow analysis to ensure that the site is not impacted by off-site flood hazard, elimination of all unsafe soils and geologic conditions and recommendations for structural building designs and removal of hazardous soils contaminants that exceed levels identified to be harmful. The subdivision must also comply with the requirements of the Los Angeles County Fire Department and the California Building Code to ensure the project complies with building requirements for the Very High Fire Hazard Severity Zone. The proposed technical changes to elevation benchmark datum, minor increase in pad elevation in eight lots, and installation of stepped retaining walls rather than steep slopes are considered minor technical changes that will not impact any of the conditions adopted for the project. The inclusion of the debris basin and debris flow channel implements the requirements of the Specific Plan to ensure the suitability of the site for the proposed development.

4. The site is physically suitable for the proposed density of development.

FACT: Conditions and mitigation measures have been adopted to ensure the physical suitability of the site for the development. The site can adequately accommodate the proposed density of development which is proposed as approximately 0.8 dwelling units per acre. The General Plan allows a maximum of 3 dwelling units per acre for the Low Density Residential designation for the subject property.

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5. The design of the subdivision map or the proposed improvements is not likely to cause substantial environmental damage or substantially injure wildlife or their habitats.

FACT: Biological studies prepared for the development of the site do not indicate the presence of wildlife or habitat. The property has been utilized as a commercial nursery for several decades but is currently fallow. Conditions and mitigation measures include safeguards to protect birds during nesting season and provide a tree-replacement program.

6. The design of the subdivision map is not likely to cause serious public health problems.

FACT: Requirements for the development of the site include a requirement to reduce potentially harmful levels of arsenic to safe levels. Conditions and mitigation measures also require the implementation of measures to offset potential noise impacts during construction and reduce air quality impacts during construction from heavy equipment. No other issues have the potential to cause health problems.

7. The design of the improvements will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision map.

FACT: Easements exist on the site for road purposes to support the widening of Sierra Madre Avenue to the south from the present edge of pavement and the design of the subdivision will provide for the widening of Sierra Madre Avenue to the south. However, there are also existing easements in place on the north side of Sierra Madre Avenue which are planned to be vacated as part of the development process since the street will be widened on the south side and the north side easement is not expected to be needed to accommodate the proposed street width. The south side easement may need to be increased to accommodate the revised street width. A condition of approval for the original project (Resolution 2010-46) addresses the easement quitclaim process prior to recordation of the final map.

SECTION 3. The City Council hereby approves the modification of Subdivision (SUB10-01) to allow minor technical changes and a time extension to a new expiration date of December 14, 2013 for Tentative Tract Map No. 66608 on certain property known as the Glendora Monrovia Nursery property between Sierra Madre Avenue and the Metro Railroad right of way and the Glendora/Azusa city boundary and Barranca Avenue, subject to the following conditions.

Conditions: DPR 12-01; Modification TTM 66608; and Modification TTM 66609 Standard Conditions

1. Development Plan Review (DPR12-01) allows for the construction of two story homes in substantial conformance with EXHIBIT "DPR12-01, Modification SUB10-01; and Modification SUB10-02" Dated August 27, 2012 as modified by these conditions.

2. Development Plan Review (DPR12-01) allows for construction phasing for the Monrovia Nursery development as provided by these conditions of approval.

3. All conditions adopted by the City Council in Resolution 2010-46 for Tentative Tract Map 66608 and Resolution 2010-47 for Tentative Tract Map 66609 shall remain in full force and effect except as modified by these conditions.

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4. The approval of Development Plan Review (DPR12-01) shall be contingent upon the approval of Zone Amendment (12-02).

5. The approval of Modification Subdivision (SUB10-01) for TTM 66608 shall be contingent upon the approval of Development Plan Review (DPR12-01) and Zone Amendment (ZA12- 02).

6. The approval of Modification Subdivision (SUB10-01) for TTM 66609 shall be contingent upon the approval of Development Plan Review (DPR12-01) and Zone Amendment (ZA12- 02).

7. Approval for Subdivision (SUB 10-01) for Tentative Tract Map No. 66608 shall be extended one year to expire on December 14, 2013, unless the Council approves the final map during that time period or unless the applicant requests an extension in writing to the Department of Planning and Redevelopment as authorized by the Subdivision Map Act prior to the expiration date. The request for extension must receive a recommendation from the Planning Commission and be approved by the City Council.

8. Approval for Subdivision (SUB10-02) for Tentative Tract Map No. 66609 shall be extended one year to expire on December 14, 2013, unless the Council approves the final map during that time period or unless the applicant requests an extension in writing to the Department of Planning and Redevelopment as authorized by the Subdivision Map Act prior to the expiration date. The request for extension must receive a recommendation from the Planning Commission and be approved by the City Council.

9. The City shall retain the right and the jurisdiction to review Development Plan Review (DPR12-01) in the event the use conducted herein is modified, changed in scope, or the owner or operator seeks to expand, alter, reconfigure, or change the use. This reservation of the right of review is in addition to, and not in lieu of, the right of the City to review and revoke Development Plan Review (DPR12-01) or to modify the permit for any violation of the conditions imposed.

10. Construction shall commence within 18 months of recordation of Final Maps for TTM 66608 and TTM 66609 as approved by the City Council and shall be carried on diligently to completion.

11. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES).

12. The applicant shall comply with the Americans with Disabilities Act (ADA) prior to issuance of building permits.

13. The applicant shall comply with all applicable requirements of the City, County, State, and other responsible agencies.

14. The approval of this permit shall be contingent on approval by the Los Angeles County Fire Department. Any changes resulting from requirements of the Los Angeles County Fire Department shall be submitted to the Department of Planning and Redevelopment for review and approval prior to the commencement of construction.

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15. The applicant shall sign a Height Certification form stating their awareness of the maximum height limit of 25 feet for a single family dwelling and return the form to the Department of Planning and Redevelopment prior to the issuance of building permits

16. At least two weeks prior to the proposed start of construction activity, including but not limited to clearing, demolition, grading, or the delivery of soils, equipment, or materials, the applicant shall mail or deliver written notice to all residents and businesses within 500 feet of the project site. The notice shall include a brief description of the project, the anticipated construction schedule, the City-imposed limits on hours of construction, and the name, phone number, and email of a representative of the applicant that the public can contact with any questions, concerns, or complaints about construction activity related to the project. The notice shall be approved by the Planning Department prior to mailing/delivery. The applicant shall provide a monthly report to the Planning Department regarding all complaints received during the prior month and what corrective action was taken to address each complaint, if applicable. If there are any substantive changes in the project schedule or scope of work, or a change in the contact name or information, the applicant shall immediately provide an updated notice in the manner described above.

17. Prior to the proposed start of construction activity, including but not limited to clearing, demolition, grading, or the delivery of soils, equipment, or materials, the applicant shall post signs on the project site in locations that are readily visible from all public rights-ofway. The dimensions and construction of the signs shall be consistent with the requirements for a large posted sign per Glendora Municipal Code Section 21.01.030. The signs shall include the project name or brief description, the anticipated construction schedule, the Cityimposed limits on hours of construction, and the name, phone number, and email of a representative of the applicant that the public can contact with any questions, concerns, or complaints about construction activity related to the project. The sign copy shall be approved by the Planning Department prior to posting. Building permits for the signs are required. If there are any substantive changes in the project schedule or scope of work, or a change in the contact name or information, the applicant shall immediately update the content of the sign. The sign shall remain posted on the subject property until all construction activity has concluded, including but not limited to landscaping and irrigation.

18. The applicants shall make improvements necessary to ensure that the City is in compliance with the Congestion Management Plan (CMP) Deficiency Plan. In ensuring compliance, the applicants must provide improvements as described in the Countywide Deficiency Plan Toolbox of Strategies or other means approved by the Metropolitan Transit Authority (MTA), and as approved by the Departments of Public Works and Planning and Redevelopment. In implementing this condition, the applicant is not permitted to rely on credits generated by improvements not provided by the applicant.

19. The delivery of materials and equipment and the outdoor use of equipment, hammers, and power tools shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, with no work allowed on Saturdays, Sundays, or Federal holidays with the exception of interior work. Outdoor yard work is permitted as long as it does not involve heavy equipment or noise producing equipment.

Resolution CC 2012-63 Page 6 of 11
Item #4. Page 69
Meeting Date: 11/8/2022 / Packet Page #: 104

20. The applicants shall comply with the colors and materials boards as approved by the City Council for DPR 12-01 and as revised by conditions of approval. All plans submitted for plan check shall reference the approved colors and materials. Approved colors and materials shall be installed prior to final occupancy for any building or landscape improvements.

21. The applicants shall comply with the approved perimeter wall/fence plan as approved by the City Council for DPR 12-01 as modified by conditions. The applicants shall obtain building permits for the approved fence/wall plans which shall be installed prior to occupancy of any construction phase and as described by these conditions.

22. A public areas street and landscape lighting plan shall be submitted to the Department of Plarming and Department of Public Works for review and approval prior to the issuance of building permits. Street lighting shall be designed to reflect the design character outlined in the Monrovia Nursery Specific Plan and the approved architecture for the project. The approved lighting shall be installed prior to final occupancy following the phasing schedule.

23. A Waste Management Plan shall be submitted to the Department of Planning and Redevelopment for review and approval prior to issuance of any permits in compliance with the City's Construction and Demolition Ordinance No. 1811. The approved Waste Management Plan shall be implemented upon start of demolition, grading and construction and maintained throughout the project until final approval of the last unit. The City may review and amend the plan as needed. Guidelines are available from the recycling coordinator.

24. The City shall have the right of entry to inspect the premises to verify compliance with the conditions of approval and the Glendora Municipal Code.

25. The property owner shall pay the costs of any code enforcement activities, including attorney's fees, resulting from the violation of any conditions of approval or any provision of the Glendora Municipal Code.

26. Any violation of the Zoning Ordinance or any entitlement granted is considered a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) and/or by imprisonment in the County jail for a period not exceed six (6) months. Each day or portion of a day during which any violation of the Zoning Ordinance occurs or continues constitutes a separate offense and shall be punishable as provided.

27. The applicant shall sign a statement indicating agreement with and acceptance of the adopted conditions of approval prior to issuance of permits and commencement of use. The signed statement shall be returned to the Department of Planning & Redevelopment prior to the commencement of construction.

28. The applicant agrees as a condition of issuance of this entitlement to indemnify, protect, defend, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") arising out of or in any way relating to the issuance of this entitlement, any actions taken by the City related to this entitlement or the environmental Resolution CC 2012-63 Page 7 of 11
Item #4. Page 70
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review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for this entitlement and related actions.

Project Specific Conditions

29. The applicant shall submit landscape and irrigation plans for all public area landscape to the Planning Department for review and approval based on the approved conceptual landscape plans approved by the City Council and as modified by conditions. A water efficient landscape application package shall accompany the submittal of the landscape and irrigation plans submitted to the Planning Department as required by the State Water Conservation in Landscaping Act (AB1881). Approved landscaping and irrigation shall be installed following the project phasing schedule listed in these conditions.

The applicant shall either (1) install landscaping for all front yard and steep slope and stepped retaining wall slopes on the privately owned lots as part of the landscape and irrigation plans submitted for City review and approval; or (2) include language in the CC&R's and Purchase and Sale Agreements to require each home owner to install front yard and any steep slope and stepped retaining wall landscaping within six months of close of escrow. The CC&R's shall require the homeowner to follow landscape guidelines outlined in the Monrovia Nursery Specific Plan and stepped retaining wall concepts approved by the Council. The CC&R's shall require all homeowner installed landscaping to submit a Water Efficient Landscape Plan application to the Planning Department for review and approval prior to installation of any landscape or irrigation.

The applicant shall provide landscape, irrigation and fencing plans for the detention basin in Tract 66609 and the debris basin in Tract 66608 to The Planning Department and LA County for review and approval prior to issuance of any building permits. Approved landscape, irrigation and fencing shall be installed prior to final approval for those improvements.

The wrought iron metal fence plans provided for the project indicate some fencing with decorative pilasters at 150 foot spacing and some fencing with no pilasters. In order to provide more continuity within the project, staff recommends that the applicant reduce the 150 foot spacing of pilasters along Sierra Madre Avenue to not less than 50 feet apart and require other wrought iron fencing for the project to incorporate decorative pilasters at minimum 30 feet apart for single family lots, detention basins and the west property line gap fencing.

30. The applicants shall work with staff to provide screening and a camouflage design consistent with LA County requirements for the debris flow channel identified for Tract 66608 prior to issuance of any permits for the debris basin. The approved design shall be installed as part of the construction of the debris basin for TTM 66608.

31. The applicant proposes the following lots to be constructed with a Floor Area Ratio of 35 percent. These lots cannot add additional covered living area unless either a minor modification is granted or existing living area is reduced.

Resolution CC 2012-63 Page 8 of 11
Item #4. Page 71
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TTM 66608 lots TTM 66609 lots
28 37
30 39
42 40
43 42
AC LI5 43
46 44
51 52
54 32. Construction Phasing Schedule. The following construction phasing schedules shall be followed unless a change is requested in writing and approved by the Planning Director:

Grading and Road Construction
No grading or road construction permits shall be issued until approval has been received from the City and LA County for final hydrological studies for TIM 66608 and 66609 and all toxic materials have been removed and all necessary clearance for the site has been provided by the State Department of Toxic Substance Control (DTSC).

Off-site improvements
Off-site improvements including all streets, public utilities and storm drain systems shall be installed for both TTM 66608 and TTM 66609 prior to issuance of any building permits for the Tracts 66608 and 66609 or as approved by the City Engineer. This condition excludes permits for the model homes as part of TTM 66609. This exclusion does not exclude the requirement to receive DTSC clearance for toxic material removal/remediation prior to construction of model homes.

Home construction phasing
North, Tentative Tract 66608
Phase 1
Phase 2
Phase 3
Phase 4
Phase 5
Phase 6
Phase 7
Phase 8
Lots 42 through 47
Lots 37 through 41
Lots 24 through 29
Lots 21 through 23 and Lots 30 through 33
Lots 18 through 20 and Lots 34 through 36
Lots 13 through 17
Lots 7 through 11
Lots 1 through 6
South, Tentative Tract 66609
Model Phase Lots 5 through 9
Phase 1 Lots 57 through 60 and Lots 66 through 69
Phase 2 Lots 53 through 56 and Lots 70 through 74
Phase 3 Lots 43 through 48
Phase 4 Lots 39 through 42 and Lots 53 through 56
Phase 5 Lots 20 through 25
Phase 6 Lots 10 through 15
Phase 7 Lots 29 through 38
Phase 8 Lots 1 through 4 and Lots 26 through 28
Phase 9 Lots 61 through 65
Resolution CC 2012-63 Page 9 of 11
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Landscape installation phasing
I. All approved landscape and irrigation and amenities for the linear park shall be installed prior to final occupancy for Phase 3 of Tract 66609.

2. All street entry landscape for the project entries for Tract 66608 on Barranca Avenue and Sierra Madre Avenue and Tract 66609 on Barranca Avenue shall be installed prior to final occupancy for phase 1 for each Tract.

3. All new street landscape and irrigation improvements shall be installed prior to final occupancy for the final phase of each Tract. If the developer proposes to install front yard and steep slope landscaping on private lots, these landscape improvements must be installed prior to final occupancy for each phase. If the developer wishes to allow home owners to install front yard landscaping, the developer shall incorporate language into the CC&R's and purchase and sale agreements to require installation of City approved front yard landscaping within 6 months of close of escrow.

4. All landscaping including planting and fencing of the detention basing for TTM 66609 shall be installed prior to final approval for these improvements.

5. All landscaping including planting and fencing of the debris basin and debris flow channel for TTM 66608 shall be installed prior to final approval for these improvements.

6. All landscaping along Sierra Madre Avenue and the slope below Sierra Madre Avenue shall be installed prior to final occupancy of Phase 3 of Tract 66608.

7. All approved perimeter walls and fencing for individual lots shall be completed prior to final occupancy for each Phase in both tracts.

8. The fence/wall gap along the west side of the project in the vicinity of the Fairmount Cemetery shall be installed along the project western boundary between lots 66, 64 and 65 of Tract 66609 prior to final occupancy of Phase 5 of Tract 66609. The applicant shall obtain City approval for perimeter fence/wall gap design prior to issuance of permits for the work.

9. Fairmount Cemetery perimeter landscape, fencing and retaining wall/buttressing.

The applicant shall ensure installation of all perimeter landscape and irrigation, cemetery fencing and cemetery retaining walls and buttressing prior to final occupancy approval of Phase 5 of Tract 66609. All proposed improvements shall receive grading and building permit approval from the City of Glendora and design approval from the Fairmount Cemetery Board of Trustees prior to issuance of permits for the work.

10. Fairmount Cemetery Monument Sign
The applicant shall install a monument sign for the Cemetery as part of Phase 1 of Tract 66609. The monument sign shall not exceed 50 square feet in area. Exact location and design of the monument sign shall be approved by the City and Fairmount Cemetery Board prior to issuance of building permits for the sign. Total cost for the monument sign is expected not to exceed $10,000.00. If the applicant and the Fairmount Cemetery Board cannot agree on the design of the monument sign, the applicant shall provide the Fairmount Cemetery Board with a check for $10,000 to cover the cost of the monument sign.

Resolution CC 2012-63 Page 10 of 11
Item #4. Page 73
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33. The CC&R's prepared for the project shall incorporate language to require the Home Owners Association to maintain the drainage swales located on Lots 8, 9, 12, 17, 18, 19, 20, and 21 and lots 27 through 47 of Tract 66608.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 9 th day of October, 2012.

City Council of Glendora. California
BY yt /4„4,41
GENE MURABITO, Mayor
APPROVED AS TO FORM:

D. WAYNE LE CH, City Attorney
I, Kathleen R. Sessman. City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the 9th day of October, 2012, by the following vote:

AYES: COUNCIL MEMBERS: Davis. Nelson, Tessitor and Murabito.

NOES: COUNCIL MEMBERS:

Santoro.

ABSENT: COUNCIL MEMBERS:

None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated: October 10, 2012

0.4-ILLW
IIHHIHIIIILHEN /EH HHH:11714::1111 :iity Clerk
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NOTICE OF PUBLIC HEARING
City Council
_____________________________________________

NOTICE IS HEREBY GIVEN that the City Council of the City of Glendora will hold a public hearing pursuant to §21.01.030 and §21.13 of the Glendora Municipal Code in the City Council Chamber of City Hall, 116 E. Foothill Boulevard, Glendora, California, to receive and consider all evidence and reports relating to the following application/project:

NOTICE IS FURTHER GIVEN that in the event that a state of emergency is in effect and that COVID protocols are imposed that require masking, vaccination verification and/or social distancing are in effect at the time scheduled to conduct this public hearing, it may be necessary to conduct a virtual City Council meeting utilizing the Zoom Video Communications platform. Enter meeting ID# cityofglenodra.org/zoom.

Hearing Date: Tuesday, November 8, 2022, at 7:00 p.m.

File Number: PLN22-0016
Subject Property: La Colina Estates (Monrovia Nursery) Project – See map for further location reference
Request: Appeal of Planning Commission’s approval of file number PLN22-0016 – Specifically, as relates to Development Plan Review (DPR) for Phases 17- 21 within Tract Map 66608.

On October 4, 2022, the Planning Commission heard a DPR request for architectural and plotting changes to homes proposed for construction in Tract 66608 (Phase 17-21 and model build out/MBO); and homes proposed for Tract 66609 (Phase 22/Meyer Lane); and to eliminate 3 homes from the development phasing plan. The proposed architectural changes will result in homes smaller in size than current plan and incorporate updated architecture.

The revised homes consist of one-story and two-story plan types. The plotting of the two-story homes (11 total) will conform to the Monrovia Nursery Specific Plan and none of the two-story homes will be located immediately adjacent to any existing neighborhood homes adjacent to Tract 66608. The 3 homes removed from the development phasing plan will accommodate two debris basins near Yucca Ridge Road (on Lots 13, 14, and 15).

Applicant:

Appellant:

William Lyons Homes (Taylor Morrison)
Audrey Teasdale, 19005 East La Fetra Drive, Glendora CA 91741 Item #4. Page 91
Meeting Date: 11/8/2022 / Packet Page #: 126
General Plan / Zoning: Low Density Residential / Monrovia Nursery Specific Plan (SP-MN) Environmental: A California Environmental Quality Act (CEQA) Mitigated Negative Declaration (MND) was prepared for the Monrovia Nursery Specific Plan and Tract No’s 66608 and 66609 and adopted by the Glendora City Council on December 14, 2010. A Revised Addendum for the previously adopted MND was adopted by City Council September 25, 2012. The adopted MND and addendum included the full analysis for future construction of the residential homes currently under construction. It has been determined that the requested changes associated with the subject DPR application would not result in any new significant environmental effects beyond those impacts previously analyzed, therefore no additional subsequent environmental analysis is necessary for the proposed project.

Contact Person: Mark Carnahan, City Planner
[email protected] / (626) 914-8253

All interested parties are invited to attend said hearing and express their views on this matter. Should you be unable to attend the public hearing, your testimony must be made in writing and delivered prior to the scheduled hearing date as follows: City Clerk Department, 116 E. Foothill Blvd, Glendora, CA, 91741 or [email protected].

Further information on this item will be posted to the city’s website at CityofGlendora.org/citymeetings and will be on file for public inspection and copying for the cost of duplication, at the office of the City Clerk, 116 E. Foothill Blvd, Glendora, CA, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays no less than 72 hours prior to the public hearing.

If you challenge this action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the public hearing.

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Mailed: October 27, 2022
Published: October 27, 2022 (San Gabriel Valley Examiner)

CERTIFICATION
I, hereby certify that I posted a copy of this Notice on the bulletin board outside the City Hall Council Chamber, 116 E. Foothill Boulevard on October 27, 2022.

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Item #4. Page 92
Meeting Date: 11/8/2022 / Packet Page #: 127
Area Map (not to scale): Subject areas for original proposal highlighted in blue color (within Tracts 66608 and 66609). Submitted appeal only references Tract 66608.

Item #4. Page 93
Meeting Date: 11/8/2022 / Packet Page #: 128
RESOLUTION CC 2022-___(A)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDORA OVERRULING THE APPEAL OF AUDREY TEASDALE
FROM PLANNING COMMISSION RESOLUTION NO. PC 2022-11,
DEVELOPMENT PLAN REVIEW (PLN22-0016) APPROVAL OF

ARCHITECTURAL AND PLOTTING CHANGES TO HOMES
PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT / MBO); AND HOMES PROPOSED FOR TRACT
66609 (PHASE 22 / MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; AND COMPLIANCE

WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

THE CITY COUNCIL
City of Glendora, California
WHEREAS, on October 4, 2022, the Planning Commission heard an application for Development Plan Review (PLN22-0016) (simply “DPR”) which included a request for architectural and plotting changes to homes proposed for construction in Tract 66608 (Phase 17-21 and model build out/MBO), homes proposed for Tract 66609 (Phase 22/Meyer Lane), and to eliminate 3 homes from the development phasing plan. The proposed architectural changes would result in homes smaller in size than existing the approved plan and would incorporate updated architecture for the same (the so-called “La Colina/Monrovia Nursery Project”); and WHEREAS, the DPR (PLN22-0016) proposed to revise homes consist of one-story and two-story plan types. The plotting of the two-story homes (11 total) and would conform to the Monrovia Nursery Specific Plan; none of the two-story homes would be located immediately adjacent to any existing neighborhood homes adjacent to Tract 66608. The DPR (PLN22-0016) proposed to remove three (3) homes from the existing development phasing plan to accommodate two debris basins near Yucca Ridge Road (on Lots 13, 14, and 15); and WHEREAS, on October 4, 2022, having conducted a duly noticed public hearing on the DPR (PLN22-0016), having considered the oral and written testimony of interested parties, having entertained the written and oral staff report, and having considered all written correspondence received prior to or at such public hearing, the Planning Commission duly adopt Resolution No. PC 2022-11 approving the DPR (PLN22-0016) for the La Colina/Monrovia Nursery Project and making certain CEQA findings consistent therewith; and
WHEREAS, on October 19, 2022, the City Clerk’s Office received a timely appeal from Ms. Audrey Teasdale, 19005 East La Fetra Drive, Glendora CA 91741, appealing the actions of the Planning Commission in adopting its Resolution No. PC 2022-11 approving the DPR (PLN22- 0016) ; and
WHEREAS, the City Council has conducted a duly noticed public hearing to consider this appeal, as provided in Glendora Municipal Code § 21.02.030, has entertained the written and oral staff report (and all attachments thereto) and has further considered the written on oral testimony provide at such public hearing by interested parties.

Item #4. Page 94
Meeting Date: 11/8/2022 / Packet Page #: 129
Resolution CC 2022-___ (A) Page 2 of 3

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. Based on substantial evidence contained in the record of this public hearing and considered as a whole, the appeal of Ms. Audrey Teasdale is hereby overruled and denied for each and all of the reasons set forth in the staff report and the presentation of staff and the City Attorney on the record at the public hearing which are incorporated herein as the finding of the City Council.

SECTION 3. Planning Commission Resolution No. PC 2022-11 is hereby affirmed and adopted in its entirely by this resolution; the appeal of the same is hereby overruled and denied.

SECTION 4. The CEQA findings made by the Planning Commission in Resolution No. PC 2022-11 are hereby affirmed and adopted in their entirely by this resolution; the appeal of the same is hereby overruled and denied.

APPROVED and PASSED this __ day of ________, 2022.

City Council of Glendora, CA
BY:

KAREN K. DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #4. Page 95
Meeting Date: 11/8/2022 / Packet Page #: 130
Resolution CC 2022-___ (A) Page 3 of 3

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 20__, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #4. Page 96
Meeting Date: 11/8/2022 / Packet Page #: 131
RESOLUTION CC 2022-___(B)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDORA SUSTAINING THE APPEAL OF AUDREY TEASDALE
FROM PLANNING COMMISSION RESOLUTION NO. PC 2022-11,
DEVELOPMENT PLAN REVIEW (PLN22-0016) APPROVAL OF

ARCHITECTURAL AND PLOTTING CHANGES TO HOMES
PROPOSED FOR CONSTRUCTION IN TRACT 66608 (PHASE 17-21 AND MODEL BUILD OUT / MBO); AND HOMES PROPOSED FOR TRACT
66609 (PHASE 22 / MEYER LANE); AND TO ELIMINATE 3 HOMES FROM THE DEVELOPMENT PHASING PLAN; VACATING PLANNING
COMMISSION RESOLUTION NO. PC 2022-11 AND REMANDING
PLN22-0016 BACK TO THE PLANNING COMMISSION FOR FURTHER

REVIEW OF THE SAME CONSISTENT WITH THE GROUNDS STATED

IN APPEAL

THE CITY COUNCIL
City of Glendora, California
WHEREAS, on October 4, 2022, the Planning Commission heard an application for Development Plan Review (PLN22-0016) (simply “DPR”) which included a request for architectural and plotting changes to homes proposed for construction in Tract 66608 (Phase 17-21 and model build out/MBO), homes proposed for Tract 66609 (Phase 22/Meyer Lane), and to eliminate 3 homes from the development phasing plan. The proposed architectural changes would result in homes smaller in size than existing the approved plan and would incorporate updated architecture for the same (the so-called “La Colina/Monrovia Nursery Project”); and WHEREAS, the DPR (PLN22-0016) proposed to revise homes consisting of one-story and two-story plan types. The plotting of the two-story homes (11 total) and would conform to the Monrovia Nursery Specific Plan; none of the two-story homes would be located immediately adjacent to any existing neighborhood homes adjacent to Tract 66608. The DPR (PLN22-0016) proposed to remove three (3) homes from the existing development phasing plan to accommodate two debris basins near Yucca Ridge Road (on Lots 13, 14, and 15); and WHEREAS, on October 4, 2022, having conducted a duly noticed public hearing on the DPR (PLN22-0016), having considered the oral and written testimony of interested parties, having entertained the written and oral staff report, and having considered all written correspondence received prior to or at such public hearing, the Planning Commission duly adopt Resolution No. PC 2022-11 approving the DPR (PLN22-0016) for the La Colina/Monrovia Nursery Project and making certain CEQA findings consistent therewith; and
WHEREAS, on October 19, 2022, the City Clerk’s Office received a timely appeal from Ms. Audrey Teasdale, 19005 East La Fetra Drive, Glendora CA 91741, appealing the actions of the Planning Commission in adopting its Resolution No. PC 2022-11 approving the DPR (PLN22- 0016) ; and
WHEREAS, the City Council has conducted a duly notice public hearing to consider this appeal, as provided in Glendora Municipal Code § 21.02.030, has entertained the written and oral Item #4. Page 97
Meeting Date: 11/8/2022 / Packet Page #: 132
Resolution CC 2022-___ (A) Page 2 of 3
staff report (and all attachments thereto) and has further considered the written on oral testimony provide at such public hearing by interested parties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. Based on substantial evidence contained in the record of this public hearing and considered as a whole, the appeal of Ms. Audrey Teasdale is hereby sustained and granted; the grounds for the same are found in the written communications of Ms. Teasdale and her legal counsel, Attorney Christopher Sutton, as well as the oral and written testimony presented at the public hearing on the appeal which are incorporated herein as the findings of the City Council.

SECTION 3. Planning Commission Resolution No. PC 2022-11 is hereby overruled and vacated in its entirely by this resolution; the DPR application (PLN22-0016) is hereby remanded back to the Planning Commission for a full reconsideration of the same in light of the findings in this resolution.

SECTION 4. The CEQA findings made by the Planning Commission in Resolution No. PC 2022-11 are hereby overruled and vacated in their entirely by this resolution; the DPR application (PLN22-0016) is hereby remanded back to the Planning Commission for a full reconsideration of the same in light of the findings in this resolution.

APPROVED and PASSED this __ day of ________, 2022.

City Council of Glendora, CA
BY:

KAREN K. DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 20__, by the following vote:

AYES: COUNCIL MEMBERS:

Item #4. Page 98
Meeting Date: 11/8/2022 / Packet Page #: 133
Resolution CC 2022-___ (A) Page 3 of 3
NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #4. Page 99
Meeting Date: 11/8/2022 / Packet Page #: 134
Appeal of Planning Commission Resolution No. PC 2022-11 approving architectural and plotting changes to La Colina Estates homes and to eliminate 3 homes from the
development phasing plan. (File # PLN22-0016)
Community Development
City Council
November 8, 2022
Jeff Kugel, Community Development Director
CityOfGlendora.org
Item #4. Page 100
Meeting Date: 11/8/2022 / Packet Page #: 135
2 December 2010 – City adopts Monrovia Nursery Specific Plan and Vesting Tentative Maps 66608 & 66609 for La Colina
October 2012 – City approves two-story homes, construction phasing, and changes to grading plan
July 2015 – City approves Final Maps and home construction begins Item #4. Page 101
Meeting Date: 11/8/2022 / Packet Page #: 136
3 October 2022 – Planning Commission approves changes:
• Architecture & Plotting of homes
• Elimination of three homes in Tract 66608 for
reconfigured debris basins
Item #4. Page 102
Meeting Date: 11/8/2022 / Packet Page #: 137
4 Tract 66608 - 2010
Item #4. Page 103
Meeting Date: 11/8/2022 / Packet Page #: 138
5 Approved Site Plan
(Tract 66608 – 2012)
Item #4. Page 104
Meeting Date: 11/8/2022 / Packet Page #: 139
6 Grading Plan - 2014
Item #4. Page 105
Meeting Date: 11/8/2022 / Packet Page #: 140
7 Modified Site Plan - 2022
(Tract 66608 – Eastern portion)
Item #4. Page 106
Meeting Date: 11/8/2022 / Packet Page #: 141
8 Proposed Site Plan
(Tract 66609 – Meyer Lane portion)
Item #4. Page 107
Meeting Date: 11/8/2022 / Packet Page #: 142
9 October 19, 2022 – Received appeal from Audrey Teasdale. Following slides comprise a review of the issues raised in the appeal via written and oral communications from Ms. Teasdale and Attorney Christopher Sutton at and leading up to the Planning Commission Public Hearing on October 4, 2022.

Item #4. Page 108
Meeting Date: 11/8/2022 / Packet Page #: 143
10 Audrey Teasdale Appeal – Items 1(a) and 1(b)
The Monrovia Nursery Specific Plan and Glendora General Plan prohibit new streets to extend from new developments inside the City of Glendora into adjoining jurisdictions. The proposed Rodriguez Way violates this prohibition
Item #4. Page 109
Meeting Date: 11/8/2022 / Packet Page #: 144
11 Item #4. Page 110
Meeting Date: 11/8/2022 / Packet Page #: 145
12 Item #4. Page 111
Meeting Date: 11/8/2022 / Packet Page #: 146
13 Item #4. Page 112
Meeting Date: 11/8/2022 / Packet Page #: 147
14 The General Plan
Circulation Element
pages 34-35
Item #4. Page 113
Meeting Date: 11/8/2022 / Packet Page #: 148
15 • The unincorporated area on the east side of Barranca is within the City of Glendora General Plan Land Use Element as part of the City’s planning area
• Unincorporated islands are identified by the Local Agency Formation Commission (LAFCO) as part of Glendora’s Sphere of Influence (SOI) • An SOI is a plan for the probable physical boundaries and service areas of the local agency as determined by LAFCO
Glendora Unincorporated Islands
Item #4. Page 114
Meeting Date: 11/8/2022 / Packet Page #: 149
16 Audrey Teasdale Appeal – Item 2
There have been changed circumstances since the 2010 CEQA analysis. A new traffic study is required to ensure that higher traffic levels can be addressed in new mitigation measures, such as stop signs or a traffic signal along Barranca Avenue.

Item #4. Page 115
Meeting Date: 11/8/2022 / Packet Page #: 150
17 Audrey Teasdale Appeal – Item 2
Under California law, any challenge to the 2010 CEQA analysis had to be brought within 180 days of its adoption. That time period has long expired.

Additional traffic volumes alone will not trigger a requirement for further environmental review or new traffic studies.

Item #4. Page 116
Meeting Date: 11/8/2022 / Packet Page #: 151
18 LLG Traffic Study – 2007
Section 8.1.5 Traffic Signal
Warrant Analysis
Item #4. Page 117
Meeting Date: 11/8/2022 / Packet Page #: 152
19 Item #4. Page 118
Meeting Date: 11/8/2022 / Packet Page #: 153
20 2010 Initial Study/Mitigated Negative Declaration Item #4. Page 119 Meeting Date: 11/8/2022 / Packet Page #: 154
21 Audrey Teasdale Appeal – Item 3
The “Development Review” is a misnomer. This is an amendment to Tract 66608. The number of homes is being decreased and a new debris basin is proposed. This is beyond the scope of a “Development Review” allowed in the Glendora Zoning Code. A hearing on amending Tract Map 66608 must occur at the Glendora City Council.

Item #4. Page 120
Meeting Date: 11/8/2022 / Packet Page #: 155
22 Audrey Teasdale Appeal – Item 3
The application called for architectural and plotting changes, and reduced the number of homes by three
Lots 13, 14, and 15 will accommodate basins base on the most recent mud debris flow analysis
The Specific Plan and map approval anticipated this as a possible scenario
Item #4. Page 121
Meeting Date: 11/8/2022 / Packet Page #: 156
23 Resolution 2010-46 – Condition #61 Alternatives
• A linear debris based along Sierra Madre
• A debris wall along Sierra Madre
• One or more debris retention facilities
The DPR was appropriate permit for changes to architecture, reconfigure the debris basins – All requests in application PLN22-0016 are compliant with the Specific Plan and associated approvals.

Item #4. Page 122
Meeting Date: 11/8/2022 / Packet Page #: 157
24 Resolution PC 2022-11 - Findings

1. The use is authorized pursuant to this title

2. The use is consistent with the General Plan and other applicable plans

3. The site can accommodate the development standards of this title or as otherwise required

4. The site is adequately service by streets, utilities and other services, facilities, and other improvements

5. The development or improvements of the lot will not adversely affect the character and integrity of the area, the utility and value of properties in the area, and the health, safety and welfare of the public
Item #4. Page 123
Meeting Date: 11/8/2022 / Packet Page #: 158
25 Audrey Teasdale Appeal – Items 4(a) and 4(b)
Staff is failing to consider the project Conditions of Approval for Tract 66608
Item #4. Page 124
Meeting Date: 11/8/2022 / Packet Page #: 159
26 • In December 2010, the City Council adopted Reso. 2010-46 imposing Conditions of approval on Tract 66608
• In July 2015, the City Council approved the Final Map which included a report on compliance with conditions of approval
• The project is ongoing and monitoring of conditions of approval continues until completion.

Item #4. Page 125
Meeting Date: 11/8/2022 / Packet Page #: 160
27 Audrey Teasdale Appeal – Item 5
California Government Code Section 65454 provides that no specific plan may be adopted unless it is consistent with the City’s general plan.

Likewise, the city cannot approve any subdivision unless it is consistent with the General Plan. Actions approved by a city that are in conflict with the City’s general plan are void.

Item #4. Page 126
Meeting Date: 11/8/2022 / Packet Page #: 161
28 Objections are time-barred
“Any action or proceeding to attack, review, set aside, void, or annul the decision of an advisory agency, appeal board, or legislative body concerning a subdivision, or of any of the proceedings, acts, or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, including, but not limited to, the approval of a tentative map or final map, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within 90 days after the date of the decision.” (Government Code § 66499.37.)
Item #4. Page 127
Meeting Date: 11/8/2022 / Packet Page #: 162
29 October 2022 – Planning Commission approves changes:
• Architecture & Plotting of homes
• Elimination of three homes for reconfigured debris
basins
Item #4. Page 128
Meeting Date: 11/8/2022 / Packet Page #: 163
30 Consider the following :
(a) Adopt a Resolution Overruling the appeal, and upholding Planning Commission Resolution; or
(b) Adopt a Resolution Sustaining the appeal, vacating the Planning Commission Resolution, and remanding the application back to the Commission for review; or (c) Sustain the appeal in part, and overrule the appeal in part, and direct staff to bring back a resolution consistent the City Council deliberations at the close of this public hearing
Item #4. Page 129
Meeting Date: 11/8/2022 / Packet Page #: 164
NOVEMBER 8, 2022 MEETING
of the
City Council, Successor Agency and Housing Authority
Re: Public Hearing – Appeal of Audrey Teasdale from Planning Commission Resolution No. PC 2022-11, Development Plan Review (PLN22-0016) Approval of Architectural and Plotting Changes to Homes Proposed for Construction in Tract 66608 (Phase 17-21) and Model Build-out/MBO); and Homes Proposed for Tract 66609 (Phase 22 / Meyer Lane); and to Eliminate 3 Homes from the Development Phasing Plan; and Compliance with the California Environmental Quality Act

INFORMATION RECEIVED
Attached:
1) Index of correspondence received before Agenda Publication Item #4. Page 130
Meeting Date: 11/8/2022 / Packet Page #: 165
Index of Correspondence Received:

Date Received From Email /Phone
11/1/22 Su, Jennifer None given
11/1/22 Fogg, Matthew [email protected]
Item #4. Page 131
Meeting Date: 11/8/2022 / Packet Page #: 166
Item #4. Page 132
Meeting Date: 11/8/2022 / Packet Page #: 167
Item #4. Page 133
Meeting Date: 11/8/2022 / Packet Page #: 168
Item #4. Page 134
Meeting Date: 11/8/2022 / Packet Page #: 169
Item #4. Page 135
Meeting Date: 11/8/2022 / Packet Page #: 170

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 8, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA REPEALING SECTION 21.03.100 OF THE GLENDORA ZONING CODE REGARDING THE REGULATION OF “ANTENNAE” AND ADDING A NEW SECTION 21.03.100 FOR THE REGULATION OF WIRELESS TELECOMMUNICATIONS

FACILITIES ON PRIVATE AND NON-RIGHT-OF-WAY PROPERTIES, REPEALING SECTION 21.10.230.C.10 OF THE ROUTE 66 CORRIDOR SPECIFIC PLAN (AREA-WIDE GUIDELINES), AND AMENDING TABLE 21.A.C TABLE C - PERMITTED AND CONDITIONALLY PERMITTED USES (PLN21-0043)

RECOMMENDATION
That the City Council:

Open the Public Hearing, accept evidence and testimony presented, close the hearing, and in the absence of substantial evidence to the contrary, consider the following:

1. Determine that the ordinance is not subject to the California Environmental Quality Act (CEQA);

2. Introduce for first reading of an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA REPEALING SECTION 21.03.100 OF THE GLENDORA ZONING CODE REGARDING THE REGULATION OF “ANTENNAE” AND ADDING A NEW SECTION 21.03.100 FOR THE REGULATION OF WIRELESS TELECOMMUNICATIONS

FACILITIES ON PRIVATE AND NON-RIGHT-OF-WAY PROPERTIES, REPEALING SECTION

21.10.230.C.10 OF THE ROUTE 66 CORRIDOR SPECIFIC PLAN (AREA-WIDE GUIDELINES), AND AMENDING TABLE 21.A.C TABLE C - PERMITTED AND CONDITIONALLY PERMITTED USES (PLN21-0043)”;

3. Schedule second reading and adoption of the ordinance for the December 13, 2022 City Council meeting; and

4. Direct the preparation of a summary of the ordinance for publication pursuant to Govt Code §36933 and Resolution CC 2018-40.

EXECUTIVE SUMMARY
The City of Glendora is proposing to wholly repeal and replace its existing ordinance, 21.03.100 governing wireless telecommunication facilities on private property, and establish reasonable, uniform, and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation, and removal within the City’s territorial boundaries, consistent with and to the extent permitted under Federal and California state law. The standards and procedures contained in this ordinance are consistent with Federal and State law, protect and promote public health, safety, and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods, and community. This ordinance is also intended to reflect and promote the community interest by (a) ensuring that the balance between public and private interest is maintained; (b) protecting the City’s visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (c) protecting and preserving the City’s environmental resources; Item #5. Page 1
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Staff Report Page 2 of 5
and (d) promoting access to high-quality, advanced wireless services for the City’s residents, businesses and visitors.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Congress enacted Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 (also known as the Spectrum Act) to streamline State and local government review of requests to modify existing wireless structures, and the Federal Communications Commission (FCC) adopted rules in 2014 to implement Section 6409(a). With this Declaratory Ruling and Notice of Proposed Rulemaking, the FCC clarified its rules implementing section 6409(a) to accelerate the deployment of communications infrastructure. These clarifications and potential rule changes would address the critical need to upgrade existing sites for 5G networks. The law and rules preserve local zoning authority to an extent while clarifying when local authority may be preempted by the FCC. The law prohibits any action that completely bans the construction, modification, or placement of wireless facilities subject to 6409 in a particular area and specifies procedures to be followed by local governments for acting on requests to place these kinds of facilities. In response to this changing legal environment limiting discretionary control over wireless telecommunication facilities, the City Council adopted added Chapter 13.20 - Wireless Telecommunications Facilities in the Public Right-of-Way - to the Glendora Municipal Code. This proposed update to the Zoning Code is the second part of this response.

Aside from impacting the potential expansion of existing facilities, the Federal Telecommunications Act is intended to ensure that the public has sufficient access to telecommunication services. Based on this Federal law, a local government cannot prohibit, or have the effect of prohibiting, the provision of personal wireless services - regardless of whether they are collocated on existing infrastructure or new. Further, no state or local government regulation may dictate, or even consider, wireless entitlements based on “the environmental (health) effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.” A zoning authority’s mere consideration of health effects, including potential effects on property values due to potential radio frequency emissions, may not serve as “substantial evidence” for purposes of denying a wireless facility. The City’s role in the siting and design of wireless facilities is, with some exceptions, generally limited to aesthetics and design standards. To this end, City staff in coordination with the City Attorney’s Office has developed a zoning methodology that sets “priority locations” and “priority structures” for placement.

Planning Commission, at the October 4, 2022 hearing, reviewed the ordinance and unanimously recommended adoption subject to minor changes as determined by staff and the City Attorney’s Office, and in response to an analysis letter received by legal counsel to Verizon Wireless (Attachment F). Most noteworthy, the ordinance was modified to remove schools, churches, and places of assembly in residential zones from discouraged locations for stealthed wireless facilities, make minor permits a stafflevel administrative review as opposed to Director-level, and make existing buildings in nonresidential areas preferred locations for stealthed small cell facilities. The revised draft ordinance reflecting the changes made after Planning Commission is attached as Attachment G.

DISCUSSION
Wireless telecommunications relating to the universal use of cell phones and other wireless communication devices, is dependent upon a system of large equipment towers or “macro-cells.” Macrocells are generally located on private property and leased by a telecommunications carrier. At times, private property installations may also include “small wireless facilities” as defined by Federal Law (“SWFs”) to act as relays for wireless transmissions. As demand increases and technology is developed to provide new services, carriers are proposing to replace existing facilities and/or place new wireless facilities on private and non-right-of-way properties, including colocations on existing facilities and buildings.

With the deployment of fifth-generation (5G) wireless technology, the demand for such wireless installations, particularly SWFs, is expected to grow exponentially over the next several years to support the expansion of home streaming video, social media, drones, self-driving cars and the Internet of Things (IoT) serving homes, businesses, educational institutions, and public sector organizations. To Item #5. Page 2
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Staff Report Page 3 of 5
accommodate this expansion, the telecommunications industry will install SWF 5G (fifth generation) technology. 5G technology is distinguished from the present 4G service using low-power transmitters with a coverage radius of approximately 400 feet. 5G coverage requires many, closely spaced antennas.

The City’s existing Glendora Municipal Code (GMC) regulations and standards for dealing with SWFs and macro-cells on private and non-right-of-way property are lacking or outdated. This is particularly true in light of significant changes in law implemented by the Federal Communications Commission (“FCC”). On September 27, 2018, the FCC released a Declaratory Ruling and Third Report and Order (the “FCC Order”) limiting state and local oversight of SWFs on public and private property. In response, in March 2019 the City Council adopted new Chapter 13.20 (Wireless Telecommunications Facilities in the Public Right-of-Way) into Title 13 of the Glendora Municipal Code (“GMC”) for the governance of telecommunications installations in the public right-of-way (ROW). That Chapter, however, does not pertain to wireless telecommunications installations on private property.

New Federal Regulations
The Federal Telecommunications Act is intended to ensure that the public has sufficient access to telecommunication services. It governs the approval of wireless facilities and minimized roadblocks to their deployment and proliferation. Local governments shall not prohibit or have the effect of prohibiting the provision of personal wireless services. Specifically, the Act limits local authority over wireless communication facilities by prohibiting state and local governments from (1) unreasonably discriminating among providers of functionally equivalent services, (2) regulating in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services, (3) acting on applications outside of a reasonable time limit (60 days for installations on existing structures, and 90 days for new structures), and (4) making regulatory decisions based directly or indirectly on the environmental effects of radio frequency (RF) emissions, assuming that the provider is in compliance with Federal Communications Commission (FCC) RF standards. A local jurisdiction’s failure to meet the deadline for action will be presumed to violate the law. Any denial of an application must be in writing and supported by substantial evidence in a written record (Section 332.c.7). The FCC has now established three broad classes of wireless facilities:
(1) eligible facilities requests, (2) small wireless facilities, and (3) macro-cells. Each of those classes is subject to different standards.

Eligible Facility Requests (EFRs) Processed Administratively Section 6409(a) further limits local land use control over wireless facilities by establishing that state and local governments may not deny and shall approve EFRs. It defines EFRs as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving the collocation of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment (Section 1455.a). EFRs are an administrative, nondiscretionary process under the new ordinance, as required by law and FCC orders.

Small Wireless Facilities (SWFs) Processed through a Minor Wireless Facility Permit (Minor WFP) Federal law defines SWFs as being up to 50 feet in height, including antennas, or mounted on structures no more than 10% taller than other adjacent structures; or that do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; each antenna is no more than 3 cubic feet in volume, and the total associated wireless equipment on one structure is no more than 28 cubic feet in volume. The law caps all fees that local governments can charge to the actual and reasonable cost of providing service. This limitation applies to fees for SWFs located on private property as well. It imposes a 60-day shot clock for SWFs added to existing structures (regardless of whether the structure already supports a wireless service) and 90 days for SWFs proposing a new structure. Finally, it preempts local aesthetic requirements for SWFs unless they are (1) reasonable; (2) no more burdensome than those applied to other types of infrastructure deployments; (3) objective; and (4) published in advance.

The proposed ordinance introduces a Minor Wireless Facility Permit (Minor WFP) to process SWFs on Item #5. Page 3
Meeting Date: 11/8/2022 / Packet Page #: 173
Staff Report Page 4 of 5
private and non-ROW property. It will be an administrative process with staff-level approval that is compliant with Federal and State law. Local governments are required to allow SWFs on governmentowned infrastructure in the public right-of-way. The City of Glendora complied with this requirement by adopting Chapter 13.20 - Wireless Telecommunications Facilities in the Public Right-of-Way.

Macro Cell Facilities Processed through a Major Wireless Facility Permit (Major WFP) A macro-cell is effectively a new telecommunications tower that exceeds the criteria for Small Wireless Facilities or EFRs, including without limitation a freestanding mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas. This includes their associated facilities including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Major facilities will continue to be processed as a Conditional Use Permit (CUP) under the new ordinance, subject to the standards in 21.02.020 - Conditional Use Permits and in this new code. The proposed ordinance introduces the Major Wireless Facility Permit for macro-cell applications.

Preferred Locations
As cities are prevented from completely prohibiting the location of wireless facilities in any zone, this ordinance introduces the concept of preferred and discouraged locations for Small and Major WFPs due to their aesthetic impacts and carriers’ need for service coverage. These classes of applications involve some level of discretionary review. Preferred locations include City-owned properties and manufacturing and industrial areas. Discouraged locations include residential properties (excluding churches, schools, places of assembly, and other public and institutional uses), historic areas, and schools. All applicants must, to the extent technically feasible and potentially available, propose wireless facilities in a preferred location. No alternative sites analysis is required for stealth or concealed facilities proposed in any preferred location. If a Minor or Major WFP applicant requests a discouraged location, then they will have to conduct a study justifying that location by indicating that no other more preferred sites are available.

The approval authority, either the Planning Commission or staff depending on application, shall consider whether any more preferred location would be technically feasible or potentially available.

To qualify as a preferred location, the wireless facility must be stealthed or otherwise concealed.

Stealthing communication facilities means disguising them as another object or otherwise concealing them from view, thereby concealing the intended use and appearance of the facility. Stealth facilities include faux trees, faux water towers, architectural features such as clocktowers and spires, and simply hiding or blending wireless facilities into a building’s architectural features including hiding them behind parapet walls. The ordinance does provide for a minimum setback to residential structures of 100 feet for Major WFPs.

Summary of Recommendation
Staff recommends that City Council approve the proposed ordinance repealing Section 21.03.100 of the Glendora Zoning Code regarding the regulation of “antennae” and adding a new Section 21.03.100 for the regulation of wireless telecommunications facilities on private and non-right-of-way properties, repealing Section 21.10.230.c.10 of the Route 66 Corridor Specific Plan (Area-wide Guidelines), and amending table 21.A.C Table C—permitted and conditionally permitted uses to be in compliance with State and Federal law.

FISCAL IMPACT
This ordinance will have no financial impact to the City beyond the City’s review. The City receives applicable application and permit fees from wireless facility applications.

ENVIRONMENTAL DETERMINATION
The ordinance is not a project within the meaning of Section 15378 of the State of California Item #5. Page 4
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Staff Report Page 5 of 5
Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Most of the terms and scope of city discretion are guided by existing State and Federal law. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Alternatively, the ordinance is exempt from CEQA because the City Council’s adoption of the ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (State CEQA Guidelines, § 15061(b)(3)). Installations, if any, would further be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land), as these facilities are allowed under Federal and State law, are by their nature smaller when placed and subject to various siting and design preferences to prevent aesthetic impact to the extent feasible. Therefore, a Notice of Exemption (NOE) will be filed.

Prepared By Hans Friedel, AICP, Senior Planner
Concurs With Paulette Koss, Planning Commission
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Jeff Kugel, Community Development Director
ATTACHMENTS:

A. CEQA Notice of Exemption
B. Draft Ordinance
C. Notice of Public Hearing
D. Summary for Publication
E. Staff Presentation CC
F. Verizon Comment Letter
G. Draft Ordinance Redlined
Item #5. Page 5
Meeting Date: 11/8/2022 / Packet Page #: 175

CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741

CALIFORNIA ENVIRONMENTAL QUALITY ACT

NOTICE OF EXEMPTION
Project Title: PLN21-0043
Project Location: Citywide
Project Sponsor: City of Glendora
Mailing Address: 116 E. Foothill Blvd, Glendora, CA 91750 General Plan Land Use Designation: Citywide – applies to all land use designations Zoning Designation: Citywide – applies to all zoning designations Project Description: Consideration of an ordinance of the City Council of the City of Glendora, California repealing section 21.03.100 of the Glendora Zoning Code regarding the regulation of “antennae” and adding a new Section 21.03.100 for the regulation of wireless telecommunications facilities on private and non-right-of-way properties, repealing Section 21.10.230.C.10 of the Route 66 Corridor Specific Plan (Area-Wide Guidelines), and amending Table 21.A.C Table C—permitted and conditionally permitted uses (PLN21-0043).

The Community Development Director recommends the following exempt status/findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemptions
Type: 15061(b)(3), Common Sense Exemption
Type: 15303 (new construction or conversion of small structures) Type: 15304 (minor alterations to land), as these facilities are allowed under Federal and State law, are by their nature smaller when placed and subject to various siting and design preferences to prevent aesthetic impact to the extent feasible.

Statutory Exemption. Code Number:

Reasons for Exemption: This is a code amendment to bring Glendora’s wireless ordinance into compliance with Section 6409a of the Spectrum Act and with other Federal Communication Commission Rules about Eligible Facilities Requests. Therefore, this action will not have a significant effect on the environment, and individual development applications will be reviewed under CEQA as necessary.

Date:

Jeff Kugel, Director of Community Development
The above recommended exempt status and findings were adopted by the following body:
on
Date:

Hans Friedel, Senior Planner (626) 852-4818
Item #5. Page 6
Meeting Date: 11/8/2022 / Packet Page #: 176
ORDINANCE NO. 2022-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GLENDORA, CALIFORNIA REPEALING SECTION 21.03.100 OF THE

GLENDORA ZONING CODE REGARDING THE REGULATION OF
“ANTENNAE” AND ADDING A NEW SECTION 21.03.100 FOR THE

REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES

ON PRIVATE AND NON-RIGHT-OF-WAY PROPERTIES, REPEALING
SECTION 21.10.230.C.10 OF THE ROUTE 66 CORRIDOR SPECIFIC PLAN (AREA-WIDE GUIDELINES), AND AMENDING TABLE 21.A.C
TABLE C - PERMITTED AND CONDITIONALLY PERMITTED USES.

THE CITY COUNCIL
The City of Glendora, California does hereby ordain as follows:

WHEREAS, on September 27, 2018, the Federal Communications Commission (“FCC”) commenced issuance of a series of new rulemaking decisions/regulations that significantly limit state and local management of wireless telecommunications installations. The Telecommunications Act, 47 U.S.C. § 332(c)(7)(B), preserves local government zoning authority as it relates to location, siting, and aesthetics, but limits local regulations in three key ways: (1) a local ordinance may not unreasonably discriminate among providers of functionally equivalent services; (2) a local ordinance may not prohibit or effectively prohibit service; and (3) a local ordinance may not regulate based on environmental impacts from radio frequency emissions; and WHEREAS, in response, in March 2019 the City Council adopted new Chapter 13.20 (“Wireless Telecommunications Facilities in the Public Right-of-Way”) into Title 13 of the Glendora Municipal Code (“GMC”) for the governance of telecommunications installations in the public right-of-way. That Chapter, however, does not pertain to wireless telecommunications installations on private property. Wireless facilities on private property are still governed by GMC Zoning Code Section 21.03.100 (“Wireless Telecommunications Facilities”); and WHEREAS, Section 21.03.100 has not been updated since 2014, and then only in a limited manner, and thus does not incorporate the significant new legal standards for wireless deployments issued by the FCC. The new Section 21.03.100 is designed to (i) be consistent with the FCC and state rules and regulations, (ii) harmonize the City’s land use development standards for private property installations with Chapter 13.20 of GMC Title 13 pertaining to right-of-way wireless installations, and (iii) lawfully maintain the City’s exercise of aesthetic control over wireless telecommunications facilities; and
WHEREAS, a public hearing was held by the Planning Commission of the City of Glendora on October 4, 2022, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the analysis of the Planning Division of the City of Glendora and the Planning Commission recommended approval of the ordinance subject to minor and non-substantive changes by staff and the Attorney’s office on a 4 to 0 vote.

Item #5. Page 7
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Ordinance No. ____ Page 2 of 30

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are hereby incorporated by this reference.

SECTION 2. The City Council, based on the evidence in the record inclusive of the staff report, and written and oral testimony, hereby repeals in its entirety Section 21.10.230.C.10 in GMC Zoning Code Chapter 21.10 Route 66 Corridor Specific Plan (Area-wide guidelines) and replaces it with the following: “Section 21.10.230.C.10 Reserved.” SECTION 3. The City Council, based on the evidence in the record inclusive of the staff report, and written and oral testimony, hereby repeals in its entirety Section 21.03.100 in GMC Zoning Code Chapter 21.03 (“General Standards”) and replaces it with the following:
“21.03.100 WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE PROPERTY.”
A. Purpose and Intent.

1. The City of Glendora intends this ordinance to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City’s territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this ordinance are intended to, and should be applied to, consistent with federal and state law, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This ordinance is also intended to reflect and promote the community interest by (a) ensuring that the balance between public and private interest is maintained ; (b) protecting the City’s visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (c) protecting and preserving the City’s environmental resources; and (d) promoting access to high-quality, advanced wireless services for the City’s residents, businesses and visitors.

2. This ordinance is not intended to, nor shall it be interpreted or applied to: (a) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (b) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (c) unreasonably discriminate among providers of functionally equivalent services; (d) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (e) prohibit any collocation or modification that the City may not deny under federal or California state law; (f) impose any unfair, unreasonable, Item #5. Page 8
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discriminatory or anti-competitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (g) otherwise authorize the City to preempt any applicable federal or California law.

B. Definitions.

The abbreviations, phrases, terms and words used in this ordinance will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this ordinance will have their ordinary meanings.

The definitions in this ordinance shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined in the Glendora Municipal Code with respect to the regulations set forth in this chapter. However, if any definition assigned to any phrase, term or word in this ordinance conflicts with any federal or statemandated definition, the federal or state-mandated definition will control. “Amateur station” means the same as defined by the FCC in 47 C.F.R. § 97.3, as may be amended or superseded, which defines the term as “a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.” This term includes amateur radio antennas mast and related equipment used for amateur radio services. “Approval authority” means the City official or body responsible for application review and vested with authority to approve or deny such applications. “Base station” shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.) Section 1.40001(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). “Base station” does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation:
i. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
ii. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cells). iii. Any structure other than a tower that, at the time the relevant application is filed with the City under this chapter, supports or houses equipment described in paragraphs (i) and (ii) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

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iv. “Base station” does not include any structure that, at the time the relevant application is filed under this chapter, does not support or house equipment described in paragraphs (i) and (ii) of this definition. Other structures that do not host wireless telecommunications facilities are not “base stations.” As an illustration and not a limitation, the FCC’s definition of “base station” refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.
“Code” refers to the Glendora Municipal Code.
“Concealment” means a facility that is integrated into or hidden behind an architectural feature of an existing structure and designed so that the purpose of the facility or support structure for providing wireless services is not readily apparent to a casual observer. Concealment techniques include, without limitation: (1) transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying support structure; and (2) new architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality. “Director” shall mean the City’s Director of Community Development or their designee. The Director shall have all powers specified in Section 13.20.040(a) as may be appropriate to the administration of private property wireless facilities and applied to the planning Director for purposes of this ordinance’s administration.
“Eligible facilities request” means the same as defined in 47 U.S.C. § 1455(a)(2), as may be amended or superseded, and as interpreted by the FCC in 47 C.F.R. § 1.6100(b)(3), as may be amended or superseded. “Eligible facilities request” means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure, involving:
i. Collocation of new transmission equipment;
ii. Removal of transmission equipment;
iii. Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or
iv. Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure.

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“Eligible facilities request” does not include modifications or replacements when an eligible support structure was constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. “Eligible facilities request” does include collocation facilities satisfying all the requirements for a nondiscretionary collocation facility pursuant to Government Code Section 65850.6. “FCC” means the Federal Communications Commission, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.
“Ordinance” means this Section 21.03.100 collectively.
“OTARD” means any “over-the-air reception device” subject to 47 C.F.R. §§ 1.4000 et seq., as may be amended or superseded, which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter. “Personal wireless service facilities” mean the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded, which defines the term as facilities that provide personal wireless services.
“Personal wireless services” mean the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. “RF” means radio frequency.
“Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended. Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), reads in pertinent part: “…a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.” See definition for “eligible facilities request.” “Shot clock” means the presumptively reasonable time defined by the FCC in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities.
“Small wireless facilities” are mounted on structures 50 feet or less in height including their antennas, are mounted on structures no more than 10 percent taller than other adjacent structures; or do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; or are otherwise defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded. They may be new or preexisting structures.

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“Stealth” or “stealthed” means any wireless facility designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include without limitation street light, faux tree, water tower, or flag pole designs. “Substantial change” has the same meaning as “substantial change” as defined by the FCC at 47 C.F.R. 1.6100(b)(7). Where there is a conflict or incompleteness in the below definitions, the FCC definition shall prevail. A modification that substantially changes the physical dimensions of an eligible support structure that is not located in the public right-of-way if it meets any of the following criteria:
i. It increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act; ii. It involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; iii. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; iv. It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; v. It would defeat the concealment elements of the eligible support structure; or vi. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in §1.40001(b)(7)(i) through (iv).The thresholds and conditions for a “substantial change” described in this section are disjunctive such that the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this Item #5. Page 12
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section are cumulative for each individual support structure. The cumulative limit is measured from the physical dimensions of the original structure for base stations. “Tower” bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. Section

1.40001(b)(9), including, without limitation, a freestanding mast, pole, monopole, guyed tower, lattice tower, free-standing tower or other structure designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. “Zoning Code” means the City of Glendora Zoning Title 21. “Wireless facility” means a personal wireless service facility including any facility, base station or tower that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other associated installation development.

C. Applicability.

1. General/Wireless Facilities on Private Property. This ordinance applies to all requests for the City’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities on private property within the City’s territorial and jurisdictional boundaries, unless expressly exempted pursuant to Section

21.03.100(C)(5) hereof. Chapter 13.20 of the Code applies to wireless facilities in the public rights-of-way. This ordinance governs the processing and review of wireless applications on public or private property that is not within the public right of way.

2. Wireless Facilities on City Property. This ordinance applies to permit applications for wireless facilities on all property or structures owned or controlled by the City; provided, however, that this ordinance does not govern whether or under what terms and conditions the City would lease, license, or otherwise allow a wireless facility on such property or structures.

3. Small Wireless Facilities/Policy. Notwithstanding anything in this ordinance to the contrary, all small wireless facilities are additionally subject to such further permitting standards as specified in a City Council policy, which may be adopted and/or amended by a resolution of the City Council (the "SWF Regulations”). All small wireless facilities shall comply with the SWF Regulations. If the SWF Regulations are repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this ordinance.

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may be adopted and/or amended by a resolution of the City Council (the “Eligible Facilities Request Policy”). All eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall comply with the Eligible Facilities Request Policy.

If the Eligible Facilities Request Policy is not adopted for any reason, or is repealed and not replaced, all eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall be processed pursuant to this ordinance.

5. Exemptions. Notwithstanding anything in this ordinance to the contrary, this ordinance does not apply to the following:
a. Wireless facilities operated by the City for public purposes; b. Wireless facilities installed completely indoors and used to extend personal wireless services into a business or the subscriber’s private residence; c. OTARD antennas;
d. Antennas and related transmission equipment used in connection with a duly authorized amateur station; or
e. Wireless facilities or other transmission equipment owned and operated by CPUCregulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-D. f. Wireless facilities within public rights-of-way are governed by Chapter 13.20.

D. Required Permits and Other Approvals.

1. Eligible Facilities Requests (EFRs). An EFR is an administrative, nondiscretionary approval that is reviewed and approved by the Director as the approval authority.

2. Minor Wireless Facility Permit (Minor WFP). A Minor WFP is an administrative approval that is reviewed and approved by the Director as the approval authority. a. Stealth or concealed wireless facilities on private property in preferred locations as described in Section 21.03.100(I)(2) that do not meet the definition of a Major Wireless Facility and do not require a special exemption under Section 21.03.100(N), and/or; b. Small wireless facility applications.

3. Major Wireless Facility Permit (Major WFP). All other new, collocation, or replacement wireless telecommunications facilities that are not qualified for an administrative Minor WFP shall be subject to a Conditional Use Permit (CUP) for a Major WFP. These are reviewed and approved by the Planning Commission as the approval authority in conjunction with Section 21.02.020(B), subject to Planning Commission hearing and approval unless otherwise provided for in this ordinance and provided the findings in Item #5. Page 14
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Section 21.03.100(H)(2)(a) can be made, or the proposed facility is subject to a special exemption under Section 21.03.100(N).

4. Other Permits and Regulatory Approvals. In addition to any permit that may be required under this ordinance, the applicant must obtain all other required prior permits or other approvals from other City departments, or state or federal agencies. Any permit granted under this ordinance is subject to the conditions and/or requirements of other required prior permits or other approvals from other City departments, state, or federal agencies.

5. Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or state laws, nothing in this ordinance is intended to limit the approval authority’s ability to conditionally approve or deny without prejudice any application governed under this ordinance as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, this ordinance, and the Code.

6. Written Decision Required for all Determinations. Within five days after any decision to grant, approve, deny or conditionally grant an application, the Director shall provide written notice including the following:
i. A general explanation of the decision, including the findings required for the decision, if any, and how those findings were supported or not supported by substantial evidence;
ii. A general description of the property involved;
iii. Information about applicable rights to appeal, if any, the decision and explanation of how that right may be exercised; and
iv. To be given by first class mail to:
(a) The project applicant and property owner,
(b) Any person who submitted written comments concerning the. (c) Any person who has filed a written request with the City to receive such notice, and
(d) Any homeowner association on file with the City that has jurisdiction over the facility site.
b. Once a facility is approved, no changes shall be made to the approved plans without review and approval in accordance with this chapter.

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E. Permit Applications.

1. Application Required. The approval authority shall not approve any requests for authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities except upon a complete application, duly filed consistent with this section and any other written rules or requirements the City or the Director may establish in any publicly-stated format. All applications for a permit must include all the information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this ordinance.

2. Optional Pre-application Conferences. The Planning Division shall provide prospective applicants with the opportunity to schedule and attend a pre-application conference with Planning Division staff. The City strongly encourages pre-application conferences for all proposed projects that: (a) require Planning Commission approval; (b) the prospective applicant believes will qualify as a stealth or concealed facility; and/or (c) involve any wireless facilities proposed to within 100 feet of a residential zone. The pre-application conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing wireless facility, such as compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments and/or divisions responsible for application review; and application completeness issues.

3. Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this ordinance will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City on any application within thirty calendar days after the application is deemed incomplete in a written notice to the applicant. The Director may, in his or her discretion, grant a written extension for up to an additional thirty calendar days when the applicant submits a written request prior to the ninetieth day that shows good cause to grant the extension.

4. Peer and Independent Consultant Review; Deposit and Reimbursement of Costs. The City Council authorizes the Director to, in the Director’s discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues for the purposes of reviewing or assisting the City with any permit application under this ordinance. The Director is further authorized to collect deposits and a reimbursement of costs from applicants. The process and authority for retaining consultants and collection of deposits and costs shall be the same those procedures set forth in Section 13.20.050 Subparagraphs (d) through (f).

F. Eligible Facilities Request.

1. Complete Submittal EFR: An application for an EFR must include the following:

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a. Application form as developed and modified from time to time by the Director. b. Fee as adopted in the Master Fee Schedule.
c. Project Narrative describing the project and it meets the definition of an EFR. d. Ownership and consent affidavit.
e. Vicinity map drawn to scale showing all land uses withing 100 feet. f. If on City-owned property, signed authorization from the City. g. All prior permit authorizations issued for the existing structure as may be required. h. Evidence that the proposed wireless facility will comply with all applicable FCC regulations.
i. Site photographs.
j. Site plan drawn to appropriate scale showing proposed wireless facility, building footprints, adjacent uses, landscaping, rights-of-way, easements, and relevant utility infrastructure and a site data table.
k. Full-color or architectural elevations of the proposal with dimensions and materials labeled.
l. Photo simulations of the proposal.
m. The Planning Division may require other submittal items, studies, and information as necessary to determine that the proposal meets the standards within this ordinance. n. Such other information as reasonably and legally requested by the City.

2. Approvals; Denials.
a. Notice of Shot Clock Expiration. The City acknowledges there are federal and state shot clocks which may be applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time periods in which the City must approve or deny a proposed wireless telecommunications facility. As such, the applicant is required to provide the City written notice of the expiration of any shot clock, which the applicant shall ensure is received by the City (e.g. overnight mail) no later than twenty days prior to the expiration. (Ord. 2040 § 5, 2019; Ord. 2039 § 5, 2019)
b. Public notice. EFR application shall not require notice.

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c. Required Findings. For applications proposing an EFR, the Director shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:
i. That the application qualifies as an eligible facilities request; and ii. That the proposed facility will comply with all generally applicable laws. d. Decisions. all administrative decisions made pursuant to this chapter shall be in writing and based on substantial evidence and the findings.

G. Minor Wireless Facilities Permit.

1. Complete Submittal Minor WFP: An application for a Minor WFP must include the same submittal requirements as an EFR, with the following:
a. The Planning Division may require other submittal items, studies, and information as necessary to determine that the proposal meets the standards within this ordinance. b. Whether the proposed facility is in a preferred or discouraged location and whether or not it is a preferred support structure or not.
c. If in a discouraged location, a meaningful comparative analysis of alternatives that no more favored location under Section 21.03.100(I)(2) or less discouraged location under

21.03.100(I)(4) and favored support structure under Section 21.03.100(I)(5) would be technically feasible, potentially available, and/or was not selected. d. Such other information as reasonably and legally requested by the City.

2. Approvals; Denials.
i. Notice of Shot Clock Expiration. The City acknowledges there are federal and state shot clocks which may be applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time periods in which the City must approve or deny a proposed wireless telecommunications facility. As such, the applicant is required to provide the City written notice of the expiration of any shot clock, which the applicant shall ensure is received by the City (e.g. overnight mail) no later than twenty days prior to the expiration. (Ord. 2040 § 5, 2019; Ord. 2039 § 5, 2019)
ii. Notice; Decisions. Minor WFP application shall not require notice. However, all administrative decisions made pursuant to this chapter shall be in writing and based on substantial evidence and the findings.

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iii. Required Findings. For applications proposing a Minor WFP, such applications shall be approved administratively if, based on the application and other materials or evidence provided, all the following findings can be made:
(a) The proposed wireless facility is either (a) in a “preferred location” (Section

21.03.100(I)(2) below), or (b) the proposed wireless facility is in a discouraged location and the applicant has demonstrated through a meaningful comparative analysis that no more favored location under Section 21.03.100(I)(4) and favored support structure under Section 21.03.100(I)(5) would be technically feasible and potentially available;
(b) The proposed wireless facility complies with all applicable development and aesthetic standards in this Code and any other applicable regulations; (c) The applicant has demonstrated that the proposed wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions;
(d) The applicant has provided a signed acknowledgment that indicates its willingness to allow other carriers and site operators to collocate transmission equipment with the proposed wireless facility, to the extent such facility or portions thereof are owned or controlled by the applicant, whenever technically feasible and aesthetically desirable in accordance with applicable provisions in this Code; and
(e) Demonstrated the proposed installation is designed, stealthed, and/or concealed to be aesthetically compatible with the surrounding built and/or natural environment to the extent technically feasible.
(f) Decisions. all administrative decisions made pursuant to this chapter shall be in writing and based on substantial evidence and the findings. (g) Appealability. Appeals on Minor WFP administrative decisions shall proceed as provided in accordance with the appeal provisions in Title 21 of the Glendora Municipal Code, Section 21.01.030(F) (Appeals) and 21.03.100(L). The appellate authority may hear the appeal de novo.

H. Major Wireless Facility Permit.

1. Complete Submittal Major WFP: An application for a Major WFP must include the same submittal requirements as an EFR and a Minor WFP, with the following additional items:
a. Public notices as required.
b. Pre- and Post-Decision Notices Required. Notice of any WFP project application subject to this ordinance shall be subject to all those notice requirements (pre- and postfinal determination) set forth in Section 21.03.100(H)(d).

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c. The Planning Division may require other submittal items, studies, and information as is necessary to make a recommendation to Planning Commission.

2. Approvals; Denials.
a. Notice of Shot Clock Expiration. The City acknowledges there are federal and state shot clocks which may be applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time periods in which the City must approve or deny a proposed wireless telecommunications facility. As such, the applicant is required to provide the City written notice of the expiration of any shot clock, which the applicant shall ensure is received by the City (e.g. overnight mail) no later than twenty days prior to the expiration. (Ord. 2040 § 5, 2019; Ord. 2039 § 5, 2019)
b. Required Findings. The approval authority may approve a wireless facility application only when the approval authority makes all the following findings:
i. The proposed wireless facility is either (a) in a “preferred location” (Section

21.03.100(I)(2) below), or (b) the proposed wireless facility is in a discouraged location and the applicant has demonstrated through a meaningful comparative analysis that no more favored location under Section 21.03.100(I)(4) and favored support structure under Section 21.03.100(I)(5) would be technically feasible and potentially available;
ii. The proposed wireless facility complies with all applicable development and aesthetic standards in this Code and any other applicable regulations; iii. The applicant has demonstrated that the proposed wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions;
iv. The applicant has provided a signed acknowledgment that indicates its willingness to allow other carriers and site operators to collocate transmission equipment with the proposed wireless facility, to the extent such facility or portions thereof are owned or controlled by the applicant, whenever technically feasible and aesthetically desirable in accordance with applicable provisions in this Code; v. In addition, applications for WFPs shall demonstrate the proposed installation is designed, stealthed, and/or concealed to be aesthetically compatible with the surrounding built and/or natural environment to the extent technically feasible; and vi. The general conditional use permit findings set forth in Section 21.02.020(E) are not applicable to Major WFPs.

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c. Appealability. Appeals on Major WFP decisions shall proceed as provided in accordance with the appeal provisions in Title 21 of the Glendora Municipal Code, Section 21.01.030(F) (Appeals) and 21.03.100(L). The appellate authority may hear the appeal de novo.
d. Notice; Decisions. Any Major WFP application shall require notice and a public hearing. Notice of such hearing shall be provided in accordance with Glendora Municipal Code Section 21.01.030, which includes mailed noticing to all property owners within five hundred feet of the proposed wireless telecommunication facility.

Public notices shall include color photo simulations from three different angles depicting the wireless telecommunication facility as proposed to be considered by the planning commission. If the application proposes the use of an existing or replacement eligible support structure, such simulations shall be posted upon the proposed support structure for a period of at least thirty days prior to the date of approval; such posted simulations shall remain in-place until final decision on the application is reached.

I. Location Standards.

Preface to Location Standards. This section sets out criteria to determine whether a wireless facility is proposed in a preferred location and on a most preferred support structure, or if a facility must be located in a discouraged location (due to technical feasibility or availability) then the facility should be located in a most favored land use designation. The City cumulatively considers whether the facility is in a preferred location and on a preferred support structure to evaluate the least intrusive means for an applicant to provide its services to the public. Section 21.03.100(I)(2) describes land use designations where wireless facilities are in a “preferred location” and thus not subject to an alternative sites analysis. Section 21.03.100(I)(4) provides specific locations where wireless facilities are discouraged. It is possible for a proposed facility to be simultaneously in a “preferred” zone but also in a “discouraged” location, such as a Major WFP proposal within an industrial zone (a “preferred” location) that also happens to be within 100 feet from a residence (a “discouraged” location). In such cases and unless the facility is on City-owned property or a stealthed facility on an existing building or structure outside of a residential zone, the location would not be deemed to be a “preferred” location under Section 21.03.100(I)(2), and thus shall be subject to an alternative sites analysis presenting the least disfavored location under Section

21.03.100(I)(4) and the most preferred support structure technically feasible and potentially available under Section 21.03.100(H)(5). The search distance for any preferred location shall be a one-quarter mile radius.

1. Preferred Locations. All applicants must, to the extent technically feasible and potentially available, propose wireless facilities in a preferred location. No alternative sites analysis is required for stealth or concealed facilities proposed in any preferred location. To qualify as a preferred location site, the wireless facility must be stealthed or concealed. For all other facilities, the approval authority shall consider whether any more preferred location would be technically feasible or potentially available. The following locations are all considered “preferred locations” so long as the site is not simultaneously in a discouraged location under Section 21.03.100(I)(4):

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a. Existing buildings and structures outside of residential zones: A stealthed and/or concealed facility on any existing building or structure located outside of a residential zone shall be a preferred location (note, stealthed and/or concealed facilities located on an existing building and/or structure outside of a residential zone are not subject to a 100-foot set back to residential uses);
b. City-owned properties including parks. Facilities on City-Owned Properties. Support structures and locations on City-Owned properties are always preferred locations and exempted from being classified as discouraged locations according to the standards in Section 21.03.100(I)(4);
c. Parcels within manufacturing and industrial zoning districts; d. Parcels within commercial and professional zoning districts; or e. Parcels within special zoning districts including planned development zones that are not predominantly residential.

2. Discouraged Locations. When an application involves a facility in a discouraged location, applications must include a written justification, supported by factual and verifiable evidence, that shows that no more preferred location is technically feasible and potentially available. The approval authority shall consider whether any alternative site within a preferred location would be technically feasible and potentially available. If no such preferred location alternative exists, the approval authority shall consider whether any less discouraged location would be technically feasible and potentially available per the ranking of locations listed in Section 21.03.100(H)(3)(c) hereof. The following locations are all “discouraged” and ordered from most discouraged to least discouraged:
a. Within 100 feet from a structure approved for residential use; b. Within 100 feet from a local, state, or nationally designated historic property, structure, or district;
c. Parcels within residential zoning districts except stealthed facilities on City-owned properties, places of assembly including without limitation churches, public and institutional uses, and/or schools and educational institutions (note the 100-foot setback to nearest residential use still applies if a Major WFP); or d. Parcels within special districts including planned development zones that are predominantly residential.

3. Support Structure Preferences. When an application involves a facility in a discouraged location, applications must include a written justification, supported by factual and verifiable evidence, that shows that no more preferred support structure is technically feasible and potentially available. the approval authority shall, in addition to considering the most favored location in Section 21.03.100(I)(4), consider whether any more preferred Item #5. Page 22
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support structure would be technically feasible and potentially available. The approval authority may require the applicant to use a more preferred support structure when the alternative is technically feasible and potentially available. The City’s preferences for support structures are as follows, ordered from most preferred to least preferred, as long as the structure is not simultaneously in a discouraged location:
a. Collocation on an existing structure with existing wireless facilities; b. Installations on a rooftop;
c. Installations on a building façade;
d. A stealthed or concealed freestanding facility;
e. Stealthed or concealed installations within the public rights-of-way; f. Installations on a replacement pole(s) within private streets; g. Installations on a new freestanding structure within private streets.

J. Design Standards.

1. Concealment/stealthing. All wireless facilities must be concealed and/or stealthed to the maximum extent feasible with design elements and techniques that hide, mimic or blend with the underlying support structure, surrounding environment and adjacent uses. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective.

2. Future Expansion. All new wireless facilities should be designed and sited in a manner that accommodates potential future collocations and other expansions that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The approval authority may waive the requirements in this section when the approval authority determines future expansions at a proposed wireless facility would be aesthetically undesirable.

3. Building-Mounted Wireless Facilities. In addition to all other design requirements in this ordinance, the following provisions shall be applied to a wireless facility installed on a building rooftop or facade:
a. Architectural Integration. Non-tower wireless facilities should be completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF transparent material and finished to mimic the replaced materials).

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b. Concealment When Integration Not Feasible: Alternatively, when integration with existing building features is not feasible, structures must be completely concealed or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks). Facilities must be located behind existing parapet walls or other existing screening elements to the maximum extent feasible.
c. Rooftop Wireless Facilities. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style and finish to the maximum extent practicable.

The approval authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/or setback from the roofline.
d. Facade-Mounted Wireless Facilities. When wireless facilities cannot be placed behind existing parapet walls or other existing screening elements, the approval authority may approve facade-mounted equipment in accordance with this Section. All facademounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The approval authority may not approve “pop-out” screen boxes unless the design is architecturally consistent with the original building or support structure. To the extent feasible, facade-mounted equipment must be installed on the facade(s) along the building frontage that is the least prominent or publicly visible.

4. Towers and Freestanding Wireless Facilities. In addition to all other design requirements in this ordinance, the following provisions shall be applied to a tower or other freestanding wireless facility:
a. Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile.

Applicants must mount non-antenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat/neutral colors subject to the approval authority’s prior approval.
b. Ground-Mounted Equipment. To the extent technically feasible all ground-mounted equipment must either be concealed underground, or concealed within an existing or new structure, or other enclosure(s) or stealth design subject to the approval authority’s prior approval. The approval authority may require additional concealment or stealthing elements as the approval authority finds necessary or appropriate to blend the ground-mounted equipment, enclosure and/or other improvements into the natural and/or built environment.
c. Faux Trees: In addition to all other design requirements in this ordinance, the following provisions shall apply:

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i. Shape and Branching. Faux trees shall be designed and shaped from bottom to top to resemble the natural tree shape associated with the actual tree species that the faux tree is intended to resemble.
ii. Bark Cladding. The entire tower above any fence line shall be fitted with faux-bark cladding, painted or colored with browns or other appropriate earth tones to mimic natural tree bark resembling the actual tree species that the faux tree is intended to resemble.
iii. Equipment Stealthing. All antennas, accessory equipment, cross arms, hardware, cables and other attachments to the faux tree must be painted or colored with a flat greens, browns or other appropriate earth tones to blend into the faux branches. All antennas, remote radio units, tower-mounted amplifiers and other similar equipment larger than one cubic foot shall be fitted with a faux tree “sock” with faux leaves. No tower-mounted equipment shall be permitted to protrude beyond the faux branch canopy such that it would materially alter the applicable tree shape. iv. Material Selection and Approval. All materials and finishes used to stealth wireless facilities mounted on a faux tree shall be subject to prior approval by the Planning Division. Applicants shall use only high-quality materials to stealth the wireless facility. The applicant shall use color-extruded plastics for elements such as the faux leaves and faux bark cladding to prolong the like-new appearance and reduce fading caused by exposure to the sun and other weather conditions. d. Other types of stealth facilities include but not limited to faux water towers, faux clocktowers, etc.
i. Other types of stealth facilities will be considered on a case-by-case basis and shall be subject to prior approval by the Planning Division.
ii. Faux facilities shall be designed and shaped from bottom to top to architecturally resemble the structure they are emulating.
iii. Applicants shall use only high-quality materials to stealth the wireless facility. iv. Equipment Stealthing. All antennas, accessory equipment, cross arms, hardware, cables and other attachments to the faux facility must be painted to match the facility and stealthed to be within or appear as an integral architectural element. v. Material Selection and Approval. All materials and finishes used to stealth wireless facilities mounted shall be subject to prior approval by the Planning Division.

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5. Maximum Height. To maintain the natural appearance of the community, wireless facilities may not exceed the maximum height allowed by Zoning Code for the applicable zone or 60 feet, whichever is greater.

6. Minimum Setbacks. All wireless facilities must be compliant with all setback requirements applicable to structures on the underlying parcel with the additional requirement that freestanding towers outside the public rights-of-way must be setback from habitable structures approved for residential occupancy by a distance equal to one horizontal foot for every foot of the tower height, or 100 feet, whichever is greater.

7. Landscaping. All ground-mounted equipment shelters shall be screened by walls, fences, trellises, or landscaping at least six feet in height so as to completely screen, camouflage and/or obscure visibility of any ground-mounted equipment from public view. The equipment shelter shall be designed so as to be harmonious with and blend with the natural features, and be compatible with buildings and structures surrounding such structure.

Additionally, landscaping shall be of a type and variety, and installed at sufficient size, to be capable of growing within one year to a landscape screen which obscures the visibility or camouflages the equipment shelter or antenna as appropriate. Irrigation shall also be installed when needed to maintain landscaping.

8. Parking; Access. Any equipment or improvements constructed or installed in connection with any wireless facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, wireless facilities should use existing parking and access rather than construct new parking or access improvements.

Any new parking or access improvements should be ground-mounted the minimum size necessary to reasonably accommodate the proposed use and comply with applicable safety codes.

9. Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti- climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealthing or concealment, and the approval authority may condition approval on additional stealth or concealment elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape features. The approval authority shall not approve barbed wire, razor ribbon, electrified fences, chain link or any similar fencing/security measures.

10. Signage. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the approval authority, or other than de minimis security signage unless expressly approved by the approval authority, required by law or recommended under FCC or other federal governmental agencies.

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11. Lights. Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights used shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.

12. Secondary Power Sources including Backup Generators. The approval authority may approve secondary or backup power sources and/or generators as required by State law. .

The approval authority shall not approve any permanent diesel generators or other similarly noisy or noxious generators in or within 100 feet from any residential structure absent a preemption in State and/or Federal law or rulemaking, the showing of extraordinary needby clear and convincing evidence, such as a declared public emergency..A Conditional Use Permit is required, unless otherwise exempted, if a proposal is using more than 500 pounds or 55 gallons of hazardous materials or two hundred cubic feet of compressed gas in the aggregate at any one time shall obtain a conditional use permit as delineated in Sections

21.02.020 and 21.03.040 of this title.

13. Noise. No equipment shall be operated so as to increase the noise in the vicinity of the equipment in excess of five decibels, other than in emergency situations requiring the use of a backup generator or monthly testing of said generator if the testing lasts no longer than fifteen minutes. In all emergency situations, the City shall be immediately notified of the use of a backup generator and, on the next City business day, the operator shall secure all required permits and approvals necessary for the operation of the generator.

14. Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities; there shall be no exposed cabling. To the extent feasible, undergrounded cables and wires must transition directly into the pole base without any external doghouse. Meters, panels, disconnect switches and other associated equipment must be concealed in inconspicuous locations to the fullest extent technically feasible. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and unstealthed or unconcealed antenna.

15. Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state, regional, and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, general plan and any applicable specific plan, the Glendora Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.

16. Administrative Design Guidelines. The Director may develop, and from time to time amend, design guidelines consistent with the generally applicable design regulations to Item #5. Page 27
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clarify the aesthetic and public safety goals and standards in this ordinance for City staff, applicants and the public. The design guidelines shall provide more detailed standards to implement the general principals articulated in this section and may include specific standards for particular wireless facilities or site locations but shall not unreasonably discriminate between functionally equivalent service providers. The design guidelines, and any subsequent amendments, shall not be effective unless approved by a resolution adopted by the City Council. If a conflict arises between the development standards specified in this ordinance and the design guidelines adopted under this section, the development standards specified in this ordinance shall control.

K. Standard Conditions for Approved Permits.

1. General. All EFR, Minor WFP and Major WFP wireless facilities approved under this ordinance or deemed approved by the operation of law shall be subject to the following conditions:
a. Permit Term; Approval Applies to Land. The permit will automatically expire 20 years and one day from its issuance. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemedapproved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

No change in ownership of the wireless facility, the site, or the subject property shall affect the permit term. This permit may not be transferred to another site or property. b. Permit Renewal. The permittee may apply for permit renewal not more than one year before this permit expires. The permittee must demonstrate that the subject wireless facility complies with all the conditions of approval associated with its permit and all applicable provisions in this Code that exist at the time the decision to renew or not renew is rendered. The Director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this Code or other applicable law. Upon renewal, this permit will automatically expire 20 years and one day from its issuance. Additional permit renewals shall be subject to the procedures in this condition.
c. Permit Expiration. This permit will automatically expire 18 months from the approval date (the “build-out period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, support structure or the wireless facility and its use. The permittee may request in writing, and the Director may grant in writing, one six-month extension to the build-out period if the permittee submits substantial and reliable written evidence demonstrating justifiable cause for a six-month extension. If the build-out period (and any extension) finally expire, the permit shall be automatically void but the permittee may resubmit a Item #5. Page 28
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complete application, which includes, without limitation all application fees, for the same or substantially similar project.
d. Approved Plans. Any construction plans submitted to the building official shall incorporate the permit, together with all conditions of approval and the photo simulations associated with the permit (collectively, the “approved plans”). The permittee must construct, install and operate the wireless facility in substantial compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, shall be subject to the Director’s prior review and approval. After the Director receives a written request to approve an alteration, modification or other change to the approved plans, the Director may refer the request to the original approval authority if the Director finds that it proposes a substantial change from the approved plans or implicates a significant or substantial land-use concern.
e. Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations at a wireless facility, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the wireless facility has been installed and/or constructed in strict compliance with the approved plans. Such documentation shall include without limitation as-built drawings, GIS data and site photographs. The Director or their designee shall either certify in writing that the wireless facility complies with the approved plans or order the permittee to correct any noncompliance.
f. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by Code Section 8.20.070. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons. The Director may issue a stop work order for any activities that violates this condition in whole or in part. g. Compliance with Applicable Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit. If the Director finds good cause to believe that the wireless facility is not in compliance with any laws applicable to human exposure to RF emissions, either individually or cumulatively with other transmitters in the vicinity, the Director may require the permittee to submit a written report certified by a qualified radio frequency engineer familiar with the wireless facility that certifies that the wireless facility is in Item #5. Page 29
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compliance with all such laws. The Director may order the facility to be powered down if, based on objective evidence, the Director finds that the wireless facility is not in compliance with any laws applicable to human RF emissions exposure until such time that the permittee demonstrates compliance with such laws. h. Site Maintenance. The permittee shall keep the site area, which includes, without limitation, any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean, safe and code compliant condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. Routine maintenance shall be restricted to normal construction work hours specified in Code Section 8.20.070. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. i. Landscape Features. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select plant and maintain replacement landscaping in an appropriate location for the species. Any replacement tree must be substantially the same size as the damaged tree or as otherwise approved by the City. The permittee shall, at all times, be responsible to maintain any replacement landscape features.
j. Abandonment. The permittee shall notify the Director when the permittee intends to abandon or decommission the wireless facility authorized under this permit. In addition, the wireless facility authorized under this permit shall be deemed abandoned if the wireless facility has not operated for any continuous six-month period and the permittee fails to resume operations within 90 days from a written notice from the Director. Within 90 days after a wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation this Code. The permittee and/or property owner may request an extension to complete restoration to 180 days after a wireless facility is abandoned or deemed abandoned, which the Director may grant if the applicant presents evidence of good cause for the extension. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within the required period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities; the City may also collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the City has no obligation to store such facility or associated equipment.

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k. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee and/or property owner. Notwithstanding the prior sentence, the City’s officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee and/or property owner, if present, may observe the City’s officers, officials, staff or other designees while any such inspection or emergency access occurs. l. Safety Hazard Protocol. If Los Angeles County Fire Department finds good cause to believe that the wireless facility presents an immediate fire risk, electrical hazard or other threat to public health and safety in violation of any applicable law, the Fire Chief or their designee may order the facility to be shut down and powered off until such time as the immediate threat has been mitigated, after a good faith effort is made to notify the applicant, if feasible. Any mitigations required shall be at the permittee’s sole cost and expense.
m. Contact Information. Prior to final inspection and at all times relevant to this permit, the permittee shall keep on file with the Planning Division basic contact and site information. This information shall include, but is not limited to, the following: (A) the name, physical address, notice address (if different), direct telephone number and email address for (i) the permittee and, if different from the permittee, the (ii) site operator, (ii) equipment owner, (iii) site manager and (iv) agent for service of process; (B) the regulatory authorizations held by the permittee and, to the extent applicable, site operator, equipment owner and site manager as may be necessary for the facility’s continued operation; (C) the facility’s site identification number and/or name used by the permittee and, to the extent applicable, site operator, equipment owner and site manager; and (D) a toll-free telephone number to the facility’s network operations center where a live person with power-down control over the facility is available 24 hours-per-day, seven days-per-week. Within 10 business days after a written request by the City, the permittee shall furnish the City with an updated form that includes all the most-current information described in this condition. n. Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, City Council and the City’s boards, commissions, agents, officers, officials, employees and volunteers (collectively, the “indemnitees”) from any and all (A) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“claims”) brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the City’s approval of this permit, and (B) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, Directors’, officers’, employees’, contractors’, subcontractors’, licensees’ or customers’ acts or omissions in connection with this permit or the wireless facility. The Item #5. Page 31
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permittee acknowledges and agrees that the City shall have the right to approve legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the City for any costs and expenses directly and necessarily incurred in its defense.
o. Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and amount of insurance as specified by City's risk management. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insured. The permittee shall use its best efforts to provide thirty days prior notice to the community development Director of to the cancellation or material modification of any applicable insurance policy.
p. Performance Bond. Prior to issuance of a wireless encroachment permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to one hundred percent of the cost of removal of the facility as specified in the application for the WFP or as that amount may be modified by the community development Director in the permit based on the characteristics of the installation and shall not be less than 150% of the value of the structure based on Building Permit valuation. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. q. Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the WFP application, the WFP, the approved plans and photo simulations incorporated into such approval, all conditions associated with the approval, any ministerial permits or approvals issued in connection with the WFP approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the permit (collectively, “records”). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the City’s regular files will control over any conflicts between such City- controlled copies or records and the permittee’s electronic copies.

L. Permit Revocation.

1. Any EFR or WFP approval may be revoked for failure to comply with any imposed conditions, any City standard, or any applicable Code, regulation or law. Said revocation shall be preceded by notice and a reasonable opportunity to cure. The decision of the Item #5. Page 32
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Community Development Director to revoke an approval shall be final unless appealed to the Planning Commission within fifteen calendar days after the date of such decision in accordance with the Section 21.01.030(F).

2. Any Major WFP approval may be revoked in accordance with Code Section 21.02.020(J) and the appeal procedures attendant thereto.
a. Truthful and Accurate Statements. The permittee acknowledges that the City’s approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee’s behalf. In any matter before the City in connection with the permit or the wireless facility, neither the permittee nor any person authorized to act on permittee’s behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading.
b. City’s Standing Reserved. The City’s grant or grant by operation of law of a permit does not waive, and shall not be construed to waive, any standing by the City to challenge any provision in federal or state law or any interpretation thereof.

3. Modified Conditions. The City Council authorizes the Director to modify, add or remove conditions to any permit as the Director deems necessary or appropriate to: (a) protect and/or promote the public health, safety and welfare; (b) tailor the standard conditions listed in Section 21.03.100(K)(1) to the particular facts and circumstances associated with the deployment; and/or (c) memorialize any changes to the proposal as needed for compliance with this Code, health and safety requirements, and/or any other laws.

M. Legal nonconforming wireless telecommunications facilities on private property.

1. Legal nonconforming wireless telecommunications facilities are those private property wireless facilities that existed but did not conform to this ordinance on the date this ordinance became effective.

2. Legal nonconforming wireless telecommunications facilities subject to this ordinance shall, within ten years from the date this ordinance became effective, be brought into conformity with all requirements of this ordinance unless otherwise exempted by federal and state law; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a conditional use, the owner shall comply with all applicable provisions of this Code at such time, to the extent the City can require such compliance under federal and state law.

3. An aggrieved person may file an appeal to the City Council of any decision of the director or other approval authority made pursuant to this Section 21.03.100(J). In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the City Council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax Item #5. Page 33
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purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.

N. Special Exceptions for Federal or State Preemption.

1. Preface. The provisions in this section establish a procedure by which the City may grant an exception to the standards in this ordinance but only to the extent necessary to avoid conflict with applicable federal or state law. When the applicant requests an exception, the approval authority shall consider the findings in Section 21.03.100(L)(2) in addition to the findings required under Section 21.03.100(G)(1). Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance.

2. Findings for an Exception. The approval authority may grant an exception to any provision or requirement in this ordinance only if the approval authority finds that a denial based on the application’s noncompliance with a specific provision or requirement would violate federal law, state law or both.

3. Scope of Exception. If the approval authority finds that an exception should be granted, the exception shall be narrowly tailored so that the exception deviates from this ordinance to least extent necessary for compliance with federal or state law.

4. Burden of Proof. The applicant shall have the burden to prove to the approval authority that an exception should be granted pursuant to this section. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant’s request for an exception.”
SECTION 4. The 21.A.C Table C - Permitted and conditionally permitted uses of the Zoning Code, is hereby amended, to strike “Television, radio, and other transmission facilities” and then replace with the following Wireless Telecommunication on Private and Non-ROW Property, see Chapter SECTION 21.03.100”
SECTION5. If any section, Section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have passed this Ordinance and each and every section, Section, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

Item #5. Page 34
Meeting Date: 11/8/2022 / Packet Page #: 204
Ordinance No. ____ Page 29 of 30
SECTION 7. This Ordinance shall become effective thirty days after the date of its adoption.

SECTION 8. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed. Adoption of this Ordinance would enact changes in land use regulations adding additional regulations and siting requirements on wireless facilities that would reduce their impacts, and it can be seen with certainty that its adoption will not have a significant effect on the environment because it will not allow for the development of any new or expanded wireless communication facilities anywhere other than where they were previously allowed under existing federal, state and local regulations.

PASSED, APPROVED and ADOPTED this __ day of _____, 2022.

City Council of Glendora, California
BY: __________________________________
KAREN K. DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #5. Page 35
Meeting Date: 11/8/2022 / Packet Page #: 205
Ordinance No. ____ Page 30 of 30

CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the _____ day of ______, 2022. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of ______, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the _____ day of ______, 2022.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #5. Page 36
Meeting Date: 11/8/2022 / Packet Page #: 206

NOTICE OF PUBLIC HEARING
City Council
_____________________________________________
NOTICE IS HEREBY GIVEN that the City Council of the City of Glendora will hold a public hearing pursuant to §21.01.030(E) and §21.13 of the Glendora Municipal Code in the City Council Chamber of City Hall, 116 E. Foothill Boulevard, Glendora, California, to receive and consider all evidence and reports relating to the following application/project:

NOTICE IS FURTHER GIVEN that in the event that a state of emergency is in effect and that COVID protocols are imposed that require masking, vaccination verification and/or social distancing are in effect at the time scheduled to conduct this public hearing, it may be necessary to conduct a virtual City Council meeting utilizing the Zoom Video Communications platform. Enter meeting ID# cityofglenodra.org/zoom.

Hearing Date: Tuesday, November 8, 2022, at 7:00 p.m.

Case Number: Project PLN21-0043
Subject Property: Citywide
Request: Consideration of an ordinance of the City Council of the City of Glendora, California repealing section 21.03.100 of the Glendora Zoning Code regarding the regulation of “antennae” and adding a new Section 21.03.100 for the regulation of wireless telecommunications facilities on private and non-right-of-way properties, repealing Section 21.10.230.C.10 of the Route 66 Corridor Specific Plan (Area-Wide Guidelines), and amending Table

21.A.C Table C—permitted and conditionally permitted uses (PLN21- 0043).

Applicant: City of Glendora
General Plan / Zoning: The ordinance applies to all General Plan areas, Specific Plan areas, and Zoning districts.

Environmental: The ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Most of the terms and scope of city discretion are guided by existing State and Federal law. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Alternatively, the ordinance is exempt from CEQA because the City Council’s adoption of the ordinance is covered by the general rule that CEQA applies only to projects which have Item #5. Page 37
Meeting Date: 11/8/2022 / Packet Page #: 207
the potential for causing a significant effect on the environment (State CEQA Guidelines, § 15061(b)(3)). Installations, if any, would further be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land), as these facilities are allowed under Federal and State law, are by their nature smaller when placed and subject to various siting and design preferences to prevent aesthetic impact to the extent feasible. Therefore, a Notice of Exemption (NOE) will be filed.

Contact Person: Hans Friedel, AICP, Senior Planner
[email protected] / (626) 852-4818
All interested parties are invited to attend said hearing and express their views on this matter. Should you be unable to attend the public hearing, your comments must be made in writing and delivered to the City Clerk prior to the scheduled hearing date. Related documents are on file for public inspection and copying for the cost of duplication, at the office of the City Clerk, 116 E. Foothill Blvd, Glendora, California, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays.

Further information on this item may be obtained or viewed at the following locations commencing on (October 14, 2022):

1. OFFICE OF THE CITY CLERK: 2. COMMUNITY DEVELOPMENT DEPT:

Glendora City Hall
City Clerk’s Office
116 E. Foothill Boulevard
Glendora, CA 91741
(626) 914-8210
Glendora City Hall
Community Development Department
Planning Division
116 E. Foothill Boulevard
Glendora, CA 91741
(626) 914-8292
If you challenge this action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published: October 27, 2022 (San Gabriel Valley Examiner)

CERTIFICATION
I, hereby certify that I posted a copy of this Notice on the bulletin board outside the City Hall Council Chamber, 116 E. Foothill Boulevard on October 27, 2022.

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Item #5. Page 38
Meeting Date: 11/8/2022 / Packet Page #: 208

PUBLIC NOTICE

SUMMARY OF PROPOSED ORDINANCE
(AS PRESCRIBED BY GOVERNMENT CODE SECTION 36933 (c) (1)) NOTICE IS HEREBY GIVEN THAT at their meeting held Tuesday, November 8, 2022, the Glendora City Council will introduce for first reading, proposed Ordinance No. XXXX, which if approved, will replace Section 21.03.100 of the Glendora Municipal Code and repeal Section 21.10.230.c.10 of the Route 66 Corridor Specific Plan (area-wide guidelines), and amending Table 21.A.C Table C - Permitted and Conditionally Permitted Uses regarding the regulation of wireless telecommunication on private property and non-right-ofway property in compliance with federal and state law and establishing design standards (Project Number PLN21-0043).

This ordinance proposes to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City’s territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this ordinance are intended to, and should be applied to, consistent with federal and state law, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This ordinance is also intended to reflect and promote the community interest by (a) ensuring that the balance between public and private interest is maintained ; (b) protecting the City’s visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (c) protecting and preserving the City’s environmental resources; and (d) promoting access to high-quality, advanced wireless services for the City’s residents, businesses and visitors.

The City Council will consider adoption of said ordinance at their meeting (December 13, 2022, second reading/adoption), at 7:00 p.m., in the Council Chamber, 116 E. Foothill Boulevard, Glendora.

A full-text copy of the ordinance may be reviewed in the Office of the City Clerk of the City of Glendora at Glendora City Hall, 116 E. Foothill Boulevard, California, and online at www.cityofglendora.org under public notices.

Said ordinance will become effective 30 days after adoption.

The foregoing Ordinance was introduced for first reading at a Regular Meeting of the Glendora City Council by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Dated: Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published in San Gabriel Valley Examiner: December 22, 2022 Item #5. Page 39
Meeting Date: 11/8/2022 / Packet Page #: 209
Wireless Telecommunication Facilities on Private
and Non-ROW Property Ordinance (PLN21-0043)
Community Development Department
City Council
November 8, 2022
Hans Friedel, AICP, Senior Planner CityOfGlendora.org
Item #5. Page 40
Meeting Date: 11/8/2022 / Packet Page #: 210
2 Requested Action
That the City Council Open the Public Hearing, accept evidence and testimony presented, close the hearing, and in the absence of substantial evidence to the contrary consider and adopt the following:

1. Determine that the ordinance is not subject to the California Environmental Quality Act (CEQA);

2. Introduce for first reading an ordinance entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA REPEALING SECTION 21.03.100 OF THE GLENDORA ZONING CODE REGARDING THE REGULATION OF “ANTENNAE” AND ADDING A NEW SECTION 21.03.100 FOR THE REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE AND NON-RIGHTOF-WAY PROPERTIES, REPEALING SECTION 21.10.230.C.10 OF THE ROUTE 66 CORRIDOR SPECIFIC PLAN (AREA-WIDE GUIDELINES), AND AMENDING TABLE 21.A.C TABLE C—PERMITTED AND CONDITIONALLY PERMITTED USES (PLN21-0043);

3. Schedule second reading and adoption of the ordinance for the December 13, 2022 City Council meeting; and

4. Direct the preparation of a summary of the ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40.

Item #5. Page 41
Meeting Date: 11/8/2022 / Packet Page #: 211
3 Background
 To promote the deployment of 5G, Congress enacted section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (AKA Spectrum Act) to streamline state and local government review of requests to modify existing wireless structures  The Federal Communications Commission (FCC) adopted rules in 2014 to implement section 6409(a).
 City adopted an ordinance for wireless facilities in the public rights-of-way in 2019 Item #5. Page 42
Meeting Date: 11/8/2022 / Packet Page #: 212
4 Summary of Federal Law
 Cities must approve a modification to an existing wireless tower or base station that does not substantially change the physical dimensions  FCC defines what constitutes a substantial change
 Establishes a 60-day shot clock for Eligible Facilities Requests (EFRs)  Most applications are collocations which are EFRs
 Cities cannot prohibit wireless facilities in any zoning district Item #5. Page 43
Meeting Date: 11/8/2022 / Packet Page #: 213
5 Current Zoning Code Section 21.03.100
 Out of compliance with 6409a and FCC rules
 Wireless facilities are conditional uses with different tiers of discretionary review (Director or Planning Commission)
 Section 21.10.230.C.10 of the Route 66 Corridor Specific Plan’s design guidelines for wireless facilities will be replaced
 Internal inconsistencies: Prohibits wireless facilities in residential zones (we have facilities in parks that are zoned residential) Item #5. Page 44
Meeting Date: 11/8/2022 / Packet Page #: 214
6 New Ordinance Intent
 Comply with Applicable Federal and State Law
 Promote General Plan Land Use Goal LU-18,
calling for compatibility with adjacent land uses
 Clear and efficient to administer
Item #5. Page 45
Meeting Date: 11/8/2022 / Packet Page #: 215
7 Permit Types: EFRs, Minor WFPs, Major WFPs
Eligible Facility Requests (EFR)
 If not making substantial changes, must be administrative (non-discretionary) with shot clock
 Processed through a Building Permit
 We are already complying
 EFRs are the most common application type
Item #5. Page 46
Meeting Date: 11/8/2022 / Packet Page #: 216
8 Minor Wireless Facilities Permits (Minor WFP)
 Small wireless facilities
 Mounted on buildings/structures 50 feet or less in height including antennas  Mounted on structures no more than 10% taller than other adjacent structures  Introduces the concept of preferred and discouraged locations  Administrative review
Permit Types: EFRs, Minor WFPs, Major WFPs
Item #5. Page 47
Meeting Date: 11/8/2022 / Packet Page #: 217
9 Permit Types: EFRs, Minor WFPs, Major WFPs
Includes architectural design standards requiring stealthing and concealment Item #5. Page 48
Meeting Date: 11/8/2022 / Packet Page #: 218
10 Courtesy City of Paso Robles
Permit Types: EFRs, Minor WFPs, Major WFPs
Item #5. Page 49
Meeting Date: 11/8/2022 / Packet Page #: 219
11 Major Wireless Facilities Permit (Major WFP)
 Conditional Use Permit (CUP) process
much like current code
 Heard by Planning Commission
 Preferred and discouraged locations
 100-foot setback to residential uses
Permit Types: EFRs, Minor WFPs, Major WFPs
Courtesy of Google Maps, 2022
Item #5. Page 50
Meeting Date: 11/8/2022 / Packet Page #: 220
12 Permit Types: EFRs, Minor WFPs, Major WFPs
Item #5. Page 51
Meeting Date: 11/8/2022 / Packet Page #: 221
13 Planning Commission
 October 4, 2022 Meeting | Recommended City Council adopt the ordinance allowing for minor modifications by staff and legal
 Received a written legal review by Verizon’s attorneys in Public Comment  Made many of their recommended changes per the redlined copy Item #5. Page 52
Meeting Date: 11/8/2022 / Packet Page #: 222
Recommendation
That the City Council Open the Public Hearing, accept evidence and testimony presented, close the hearing, and in the absence of substantial evidence to the contrary consider and adopt the following:

1. Determine that the ordinance is not subject to the California Environmental Quality Act (CEQA);

2. Introduce for first reading an ordinance entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA REPEALING SECTION 21.03.100 OF THE GLENDORA ZONING CODE REGARDING THE REGULATION OF “ANTENNAE” AND ADDING A NEW SECTION 21.03.100 FOR THE REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE AND NON-RIGHT-OF-WAY PROPERTIES, REPEALING SECTION 21.10.230.C.10 OF THE ROUTE 66 CORRIDOR SPECIFIC PLAN (AREA-WIDE GUIDELINES), AND AMENDING TABLE 21.A.C TABLE C—PERMITTED AND CONDITIONALLY PERMITTED USES (PLN21-0043);

3. Schedule second reading and adoption of the ordinance for the December 13, 2022 City Council meeting; and

4. Direct the preparation of a summary of the ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40.
14 Item #5. Page 53
Meeting Date: 11/8/2022 / Packet Page #: 223

MACKENZIE & ALBRITTON LLP
155 SANSOME STREET, SUITE 800
SAN FRANCISCO, CALIFORNIA 94104
TELEPHONE 415 / 288-4000
FACSIMILE 415 / 288-4010
October 3, 2022

VIA EMAIL
Chair Paulette Koss
Vice-Chair Kurt Norwood
Commissioners Veronica Becerra and Mark Davis
Planning Commission
City of Glendora
116 East Foothill Boulevard
Glendora, California 91741
Re: Draft Wireless Telecommunication Facilities Ordinance Planning Commission Agenda Item 4, October 4, 2022
Dear Chair Koss, Vice-Chair Norwood and Commissioners:

We write on behalf of Verizon Wireless regarding the draft ordinance regulating wireless facilities on private property (the “Draft Ordinance”). Verizon Wireless appreciates the City’s initiative to revise its code to comply with new federal requirements, including procedures for eligible facilities requests to modify facilities.

Additionally, the proposed expansion of preferred locations to include commercial and professional zones, as well as certain planned developments, will be a great step toward providing opportunities for network expansion.

A few provisions should be revised to ensure consistency with state and federal law, including Federal Communications Commission (“FCC”) rules requiring decisions on applications within the “Shot Clock” time period for final action. The City should consider expanding the types of facilities eligible for a minor permit to include all building-mounted facilities in any zone. We urge the Commission to incorporate our suggested revisions prior to recommending the Draft Ordinance to the City Council.

Chapter 21.03.100 – Wireless Telecommunications Facilities on Private Property B. Definition of “substantial change.” Items (i) and (ii) recite the FCC’s definition of “substantial change” with respect to towers, but not base stations (such as buildings with existing wireless facilities). For example, the allowed height increase for a base station is ten percent or ten feet, whichever greater. 47 C.F.R. § 1.6100(b)(7)(i). “Substantial change” thresholds (i) and (ii) should be revised to be consistent with FCC rules.

Item #5. Page 54
Meeting Date: 11/8/2022 / Packet Page #: 224
Glendora Planning Commission
October 3, 2022